                                 ATTACHMENT B
                                       
              SIDE-BY-SIDE COMPARISON OF OSHA AND STATE STANDARDS
                                       
                                       
The following 17 State-Plan States and one Territory have standards identical to the Federal OSHA standards:  Alaska, Arizona, Hawaii, Indiana, Iowa, Kentucky, Maryland, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Vermont, Virginia, and Wyoming.  However, Hawaii and Iowa previously declined to accept the terms of variances for chimney-related construction work granted previously by Federal OSHA.  Kentucky stated that its statutory law requires affected employers to apply to the State for a State variance.  South Carolina noted that, for the South Carolina Commissioner of Labor to accept a Federal OSHA grant of a variance, employers must file the grant at the Commissioner's office in Columbia, South Carolina.  Employers must comply with any special variance procedures required by these States prior to initiating chimney-related construction work addressing the conditions specified by this variance application.

Four States (California, Michigan, Utah, and Washington) have different requirements for chimney-related construction work than Federal OSHA standards.  Michigan noted that its standards are not identical to the OSHA standards and that employers electing to use a variance in that State must comply with several provisions in the Michigan standards not addressed in the OSHA standard.  Utah also imposed specific additional requirements in the past when Federal OSHA granted similar variances for chimney-related construction work.  California and Washington declined to accept the terms of variances for chimney-related construction work granted by Federal OSHA in the past.  Employers must be prepared to apply separately to these States for a variance from chimney-related construction work addressing the conditions specified by this variance application. 

The remaining States and Territories with OSHA-approved State plans (Connecticut, Illinois, New Jersey, New York, and the Virgin Islands) cover only public-sector workers and have no authority over the private-sector workers addressed in this variance application (i.e., that authority continues to reside with Federal OSHA).
 


