34 Pa. Code § 41.2a – Interpretation of Federal preemption of State regulations—statement of policy.

(a) Purpose. The purpose of this statement of policy is to clarify for the regulated community the Department’s interpretation of Federal preemption of the State regulations in this subchapter regarding industrial sanitation.
(b) Interpretation. For purposes of this subchapter, the Department interprets that the Occupational Safety and Health Act (29 U.S.C. Chapter 15), and its corresponding regulations in 29 CFR Chapter XVII (relating to Occupational Safety and Health Administration, Department of Labor), preempt the State regulations in this subchapter on private sector industrial sanitation. However, for public sector industrial sanitation, or to the extent that Federal regulation does not apply, the State regulation will remain in full force and effect.

The provisions of this § 41.2a added under section 12 of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-12).

The provisions of this § 41.2a added February 27, 2026, effective February 28, 2026, 56 Pa.B. 1139.