29 U.S.C. § 672

Grants to States

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(a) Designation of State agency to assist State in identifying State needs and responsibilities and in developing State plansThe Secretary is authorized, during the fiscal year ending June 30, 1971, and the two succeeding fiscal years, to make grants to the States which have designated a State agency under section 667 of this title to assist them—(1) in identifying their needs and responsibilities in the area of occupational safety and health,(2) in developing State plans under section 667 of this title, or(3) in developing plans for—(A) establishing systems for the collection of information concerning the nature and frequency of occupational injuries and diseases;(B) increasing the expertise and enforcement capabilities of their personnel engaged in occupational safety and health programs; or(C) otherwise improving the administration and enforcement of State occupational safety and health laws, including standards thereunder, consistent with the objectives of this chapter.(b) Experimental and demonstration projects

The Secretary is authorized, during the fiscal year ending June 30, 1971, and the two succeeding fiscal years, to make grants to the States for experimental and demonstration projects consistent with the objectives set forth in subsection (a) of this section.

The Governor of the State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section.

(d) Submission of application

Any State agency designated by the Governor of the State desiring a grant under this section shall submit an application therefor to the Secretary.

(e) Approval or rejection of application

The Secretary shall review the application, and shall, after consultation with the Secretary of Health and Human Services, approve or reject such application.

(f) Federal share

The Federal share for each State grant under subsection (a) or (b) of this section may not exceed 90 per centum of the total cost of the application. In the event the Federal share for all States under either such subsection is not the same, the differences among the States shall be established on the basis of objective criteria.

(g) Administration and enforcement of programs contained in approved State plans; Federal share

The Secretary is authorized to make grants to the States to assist them in administering and enforcing programs for occupational safety and health contained in State plans approved by the Secretary pursuant to section 667 of this title. The Federal share for each State grant under this subsection may not exceed 50 per centum of the total cost to the State of such a program. The last sentence of subsection (f) shall be applicable in determining the Federal share under this subsection.

(h) Report to President and Congress

Prior to June 30, 1973, the Secretary shall, after consultation with the Secretary of Health and Human Services, transmit a report to the President and to the Congress, describing the experience under the grant programs authorized by this section and making any recommendations he may deem appropriate.

(Pub. L. 91–596, § 23, Dec. 29, 1970, 84 Stat. 1613; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (c), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Notes of Decisions

Cited in 6 cases, 1975–1995 · leading case: Gade v. Nat'l Solid Wastes Mgmt. Assn., 505 U.S. 88 (1992).

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Gade v. Nat'l Solid Wastes Mgmt. Assn., 505 U.S. 88 (1992). · cites it 4× “See OSH Act § 23, 29 U. S. C. §§ 672 (a), (b), and (f) (for three years following enactment, the Secretary may award up to 90% of the costs to a State of developing a state occupational safety *103 and health plan); 29 U.”

City of Sacramento v. State of California, 785 P.2d 522 (Cal. 1990). · cites it 2× “Other than loss of limited federal administrative funds ( 29 U.S.C. § 672 (g)), the only sanction for California's decision not to maintain a federally approved occupational safety and health system is that federal standards, administered by federal personnel, will then prevail…”

Fogle v. H & G Restaurant, Inc., 654 A.2d 449 (Md. 1995). “The MOSH Act, enacted in 1973, was patterned after the federal OSH Act of 1970 and many of the provisions in the two acts are substantially the same.”

Farmworker Just. Fund, Inc. v. William E. Brock, Sec'y of Labor, 811 F.2d 613 (D.C. Cir. 1987). “See 29 U.S.C. § 672 . . In this comment, Rep.”

Am. Fed'n of Labor & Cong. of Indus. Organizations, Indus. Union Dep't, Afl-Cio v. F. Ray Marshall, Sec'y of Labor, 570 F.2d 1030 (D.C. Cir. 1978). “The core difficulty is that in drawing up its figures, the government starts with present funding levels, which cover 100% of the cost of federal personnel, but which, in view of § 23(g) of OSHA 29 U.S.C. § 672 (g) (1970), cover not more than 50% of the cost of state personnel.”

Am. Fed'n of Labor & Cong. of Indus. Organizations v. Brennan, 390 F. Supp. 972 (D.D.C. 1975). “…of $12 million. 7 . Federal grants for State OSHA plans may provide up to 50% of the total cost of the program. See 29 U.S.C. § 672 (g).”

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