Do states have to follow OSHA regulations?
Asked by: Dr. Liza Veum PhD | Last update: July 23, 2025Score: 4.3/5 (69 votes)
Yes. State Plans have their own penalty reduction policies and procedures that may differ from OSHA's but must be deemed at least as effective. All State Plan policies and procedures related to penalties must be submitted and reviewed by OSHA.
Do all states have OSHA approved programs?
There are currently 22 states and US territories that maintain their own OSHA approved state plans: Alaska. Arizona. California.
Does every State have exactly the same OSHA standards?
Additionally, federal employees always remain under OSHA's jurisdiction. Most OSHA State Plans adopt federal standards verbatim, so the rules are identical. But some states expand on federal standards by making standards more stringent or adding regulations to address hazards that affect their workers.
Who does not have to follow OSHA regulations?
Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, Federal Aviation Administration, or Coast Guard).
Who is exempt from OSHA regulations?
Employers and businesses that are not covered by OSHA include family farms, and industries that are regulated by a federal agency other than the Occupational Safety and Health Administration. Family-owned farms that employ only immediate family members are not covered under the OSH Act.
OSHA Regulations: State vs. Federal OSHA | By Ally Safety
Which states are not covered by OSHA?
OSHA covers most private sector employers and workers in all 50 states, the District of Columbia, and the other United States (U.S.) jurisdictions – either directly through OSHA or through an OSHA-approved State Plan.
Is OSHA federal or state?
United States law requires worker safety to be enforced either through an approved state-level occupational safety and health (OSH) program or the federal Occupational Safety and Health Administration (OSHA).
Does OSHA override state laws?
Please be advised that Federal OSHA neither has regulations, nor jurisdiction, over State, municipal, or volunteer fire departments. Section (3)(5) of the Occupational Safety and Health Act of 1970 specifically excludes Federal OSHA's authority over employees of State and local government.
Does my business have to comply with OSHA?
Under the OSH law, employers have a responsibility to provide a safe workplace. This is a short summary of key employer responsibilities: Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.
Who is required to abide by OSHA?
Employers must comply with all applicable OSHA standards.
Where does OSHA not have jurisdiction?
However, OSHA does not have jurisdiction over federal agencies, state, and local governments, those that are self-employed, farmers that only employ immediate family members, and employers of non-employees.
Do true or false OSHA requirements apply in all states?
The Occupational Safety and Health Act of 1970 (OSH Act) is administered by the Occupational Safety and Health Administration (OSHA). The OSH Act covers most private sector employers and their employees in the 50 states, the District of Columbia, Puerto Rico, and other U.S. territories.
When would OSHA standards not apply?
Self Employed Workers
Self-employed individuals are, by definition, their own employers and do not have employees of their own. As such, OSHA's standards, which were designed to protect employees from unsafe working conditions, do not usually apply.
Does every state have the exact same OSHA standards?
OSHA Standards are designed to protect employee's. Every state has exactly the same OSHA standards. Which of the following viruses can be transmitted by blood but not through the air? Which of the following can be sources of occupational exposure?
What are some OSHA violations?
- 1 Fall Protection–General Requirements – 5,260 citations. ...
- 2 Hazard Communication – 2,424 citations. ...
- 3 Respiratory Protection – 2,185 citations. ...
- 4 Ladders – 2,143 citations. ...
- 5 Scaffolding – 2,058 citations. ...
- 6 Lockout/Tagout – 1,977 citations. ...
- 7 Powered Industrial Trucks – 1,749 citations.
Can you call OSHA anonymously?
When filing a complaint, you have the option to give your name or not. The name of any person who submits a complaint to Cal/OSHA must be kept confidential by law. Each complaint is classified by Cal/OSHA to determine its inspection priority. Imminent hazard complaints are given immediate priority.
What happens if a company doesn't follow OSHA regulations?
Any employer who willfully violates any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more ...
What are the top 10 OSHA violations?
- Fall Protection (General) 6,307.
- Hazard Communication. 2,888.
- Ladders. 2,573.
- Respiratory Protection. 2,470.
- Control of Hazardous Energy. (Lockout/Tagout) 2,443.
- Powered Industrial Trucks. 2,248.
- Fall Protection (Training) 2,050.
- Scaffolding. 1,873.
Who does not have to follow OSHA?
OSHA does not govern employers and employees in industries that are regulated by Federal and State agencies. For example, mining companies and nuclear power plants do not operate under the authority of OSHA because they are regulated by other government agencies.
Do states have to follow federal labor laws?
Many labor laws are effective on a federal level, meaning employers everywhere in the country must abide by them. However, states can also enact and enforce their own labor laws.
Do state OSHA programs have to be approved by OSHA?
State Plans are OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. There are currently 22 State Plans covering both private sector and state and local government workers, and seven State Plans covering only state and local government workers.
What is the difference between state and federal OSHA?
A State Plan could also require employers to keep additional supplementary injury and illness information, require employers to report fatality and severe injury incidents within a shorter time frame than Federal OSHA does (1904.39), require other types of incidents to be reported as they occur, require hearing loss to ...
Can OSHA come on private property?
The owner of the property gives their consent to OSHA for an inspection. OSHA gets a court ordered warrant to inspect the property/facility. There is proof of an imminent hazard. The facility in question is engaged in a high risk heavily regulated industry that requires frequent inspections and certifications.
Do fire departments have to follow OSHA?
OSHA has adopted standards directly related to firefighting. Because it is prohibited from imposing its rules on public-sector employees, the requirements apply directly only to private-sector fire departments. However, half of the states have asserted the prerogative to establish their own OSHA programs.
Does OSHA have no jurisdiction?
OSHA does not have jurisdiction over state employees or inmates. OSHA.gov | Occupational Safety and Health Administration.