29 C.F.R. § 1955.4
Effect of withdrawal of approval
(a) After receipt of notice of withdrawal of approval of a State plan, such plan, or any part thereof, shall cease to be in effect and the provisions of the Federal Act shall apply within that State. But the State, in accordance with section 18(f) of the Act, may retain jurisdiction in any case commenced before receipt of the notice of withdrawal of approval of the plan, in order to enforce standards under the plan, whenever the issues involved in the case or cases pending do not relate to the reasons for withdrawal of the plan.
(b) Such notice of withdrawal of approval shall operate constructively as notice of termination of all related grants authorized under section 23(g) of the Act in accordance with 29 CFR 1951.25(c).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1992–2026 · leading case: Cabrera v. Martin, 973 F.2d 735 (9th Cir. 1992).
Cabrera v. Martin, 973 F.2d 735 (9th Cir. 1992). “The effect of such a withdrawal, if approved by DOL, would have been the immediate termination of Cal-OSHA, 29 C.F.R. § 1955.4 , and the preemption of California’s more stringent standards and enforcement practices, as well as the end of any coverage for many California workers.”
Henry McMaster v. United States Dep't of Labor, 179 F.4th 246 (4th Cir. 2026). “53; 29 C.F.R. § 1955.4 (a). 3 USCA4 Appeal: 25-1986 Doc: 37 Filed: 06/24/2026 Pg: 4 of 9 In July 2016, OSHA promulgated an interim final rule pursuant to a 2015 statute requiring the agency to make annual adjustments to its monetary penalties, to keep up with inflation.”
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