The Difference Between Federal and State OSHA

The United States Occupational Safety & Health Administration (OSHA) exists to make sure workplaces are safe for workers. But is OSHA federal or state? In fact, it's a little bit of both.

Strictly speaking, OSHA is part of the federal government, and it operates at the national level. It is the national agency committed to protecting worker's health and safety while minimizing workplace endangerment. The Administration was created “to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance,” a task it pursues through enforcement of the many OSHA standards listed in the Code of Federal Regulations.

While these federal standards enforce the basic protections employers must afford to their workers, most states (27 of them, to be exact) have enacted their own additional workplace safety regulations to fill the gaps. That's by design — OSHA actually encourages states to create their own workplace health standards, and many state regulations are relatively strict.

Why States Create Their Own Occupational Safety Programs

States have various reasons for creating their own regulations. Some operated their own safety administrations prior to OSHA's establishment, for instance, and weren't in a hurry to abandon their efforts. Other states built their own workplace safety agencies to cover state and local government employees, who are otherwise not included in any federal regulations. Still others wish to address state-specific workplaces that aren't covered under the federal administration's broad guidelines. In any case, federal OSHA must review and approve any state-specific workplace safety plan.

So is OSHA federal or state?

OSHA operates with federal authority, and with regional offices in multiple states; it is a federal regulatory agency. But from the federal level, it must approve state-run programs to make sure they effectively prevent work-related injuries. That's why we say it's a little of both.

At any rate, the multiple rules on removing workplace hazards can be confusing for employers. Some states rely on OSHA to provide all their workplace safety regulations. Others accept OSHA's rules and add to them. Currently, 22 states administer their own plans covering both private and public sector employees, while 5 states administer plans covering only public sector employees.

How Federal and State OSHA Plans Are Different

Employers must fully understand the intricacies of these laws, especially when operating in more than one state. Some specific ways a state plan could differ from a federal plan:

• State plans tend to be more reactive to local needs. For instance, some outline readiness measures for natural disasters, while others have regulations for industries that largely operate within that state.
• Five state plans specifically cover public sector employees, such as firefighters, law enforcement and emergency responders, leaving federal OSHA rules to govern private industry. Those states are Illinois, New York, New Jersey, Connecticut, and Maine. The same is true for the U.S. Virgin Islands.
• State plans often have programs promoting worker safety and health, which aren’t required by federal OSHA regulations.
• Some state plans require more detailed reporting of workplace injuries and illnesses than federal rules.

So there's a patchwork of regulations across the U.S. In some areas, every employer is subject to federal enforcement. In others, public sector employees (like government workers) are covered by OSHA-approved state plans while private sector workers rely on the federal agencies. In others, the states handle everything. Even there, however, private employers may turn to a national OSHA program for safety training about hazards or other workplace health matters.

That leads to an important question: Do you operate in an "OSHA or non-OSHA" state?

Which States and Territories Have Their Own Workplace Safety and Health Programs?

Blended State and Federal Plans

As we mentioned above, the following states and territories have an OSHA state plan for job safety that only covers public sector workers, while private sector employees are covered by federal OSHA:

• Connecticut
• Illinois
• Maine
• Massachusetts
• New Jersey
• New York
• Virgin Islands

OSHA-Approved State Plans

These states and territories have OSHA-approved state plans that cover almost everyone: All public sector workers and most private ones, too.

• Alaska
• Arizona
• California
• Hawaii
• Indiana
• Iowa
• Kentucky
• Maryland
• Michigan
• Minnesota
• Nevada
• New Mexico
• North Carolina
• Oregon
• Puerto Rico
• South Carolina
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• Wyoming

Federal (OSHA) Plans

Here are the states and territories that rely on OSHA, without running their own OSHA-approved state plans:

• Alabama
• American Samoa
• Arkansas
• Colorado
• Delaware
• District of Columbia
• Florida
• Georgia
• Guam
• Idaho
• Kansas
• Louisiana
• Mississippi
• Missouri
• Montana
• Nebraska
• New Hampshire
• North Dakota
• Northern Mariana Islands
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Texas
• West Virginia
• Wisconsin

Federal Requirements for State Safe Workplace Plans

Federal OSHA standards set the bare minimum of safety standards — in other words, no state is allowed to implement a safety plan with less coverage than OSHA's. That's why states often end up with stricter standards than OSHA's minimum requirements. State plans are rigorously checked and re-authorized each year through an OSHA-run process called Federal Annual Monitoring Evaluation (FAME), which ensures a baseline level of safety and prevents states from undermining OSHA's basic recommendations.

Again, employers must comply with both federal and state OSHA. To find out how your state's safety regulations affect your business, visit your state's OSH website or view our detailed state compliance article to learn more.