This instruction applies OSHA-wide. State agencies which are subject to preemption are encouraged to tailor a program to those activities not affected by preemption. Programs designed to provide training and consultative services for employers and employees may be continued by State agencies. Such activities might include, for example, preparatory training of State staff as well as employer and employee training and familiarization programs. States subject to preemption understand that their continued program activities may include those activities which are noted in F. of this instruction.
Preemption is a complex legal matter which can only be finally determined by court decisions.
State plan from enforcing standards covering occupational safety and health hazards for which Federal standards are in effect under Section 6. It should be noted that as new Section 6 standards are developed and become effective, the States' jurisdiction over hazards will diminish. State enforcement activities with regard to State standards which would be subject to this preemption would include such matters as inspection for compliance, issuance of citations for violations, abatement orders, application of sanctions and any further enforcement proceedings. It is not the intention of the Occupational Safety and Health Administration to take any formal legal or other action to preempt States from these activities. Office of State Programs marshal activities in behalf of public safety and the protection of property would come within this classification.