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Printing Instructions
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OSHA Offices |
OSHA Coverage of State and Local Government Workers |
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State and local government workers
are excluded from Federal coverage under the Occupational
Safety and Health Act of 1970 (the "OSH Act"). However, states operating
their own state workplace safety and health programs
under plans approved by the U.S. Department of Labor cover most private
sector workers and are also required to extend their coverage to public
sector (state and local government) workers in the state.
Section 2 (11) of the OSH Act encourages states to develop and operate
their own state OSH programs.
OSHA regulations [29
CFR Part 1956] also permit states without approved plans to develop
plans that cover only public sector workers. In these states, private
sector employment remains under Federal OSHA jurisdiction. Twenty-two
states and territories operate plans covering both the public and private
sectors and four states - Connecticut, New Jersey, New York and the Virgin Islands - operate
public employee only plans.
States without OSHA-approved state
job safety and health plans may voluntarily provide safety and health
protection to their governmental workers. Many states without approved
safety and health programs do provide coverage to public employees, to
varying degrees, through programs that do not receive Federal funding
and are not subject to Federal OSHA oversight. Some of the resources listed
below may assist "non-plan" states in providing better protection to their
state and local government employees.
29
CFR Part 1956
State Plans for the Development and Enforcement of State Standards
Applicable to State and Local Government Employees In States Without Approved
Private Employee Plans
These regulations describe the procedures and requirements for the approval,
evaluation, and operation of state public sector only plans.
29
CFR Part 1952
Approved State Plans for Enforcement of State
Standards
29 CFR Part 1953
Changes to State Plans for Development and Enforcement of State Standards
29 CFR Part 1954
Procedures for the Evaluation and Monitoring of Approved State Plans
These regulations describe the procedures and requirements for the approval,
evaluation, and operation of state plans.
29 CFR Part 1975.5
Coverage of Employees under the Williams-Steiger Occupational Safety
and Health Act of 1970: States and Political Subdivisions Thereof.
This regulation clarifies who is considered to be an employee of a state
or political subdivision under the OSH Act.
Outline for the Submission and Review
of State Plans
This outline describes the content and format of a state public employee
only plan.
"State
and Local Government Workers' Occupational Safety and Health Coverage in Federal OSHA States"
[DOL Office of the Inspector General Audit Report No. 05-00-001-10-001
(February 9, 2000)]
This report contains the findings of the Department of Labor Office of
the Inspector General's audit of the safety and health coverage provided
to state and local government employees in 29 states and territories which
do not operate OSHA-approved occupational safety and health programs.
Directory of States with Approved Occupational Safety and Health Plans
This page lists the addresses of all states currently operating OSHA-approved
occupational safety and health plans.
Specific descriptions
of coverage of public sector employees are available for the following
state OSH plans:
In addition, the following state OSH plans
provide coverage to public sector employees in a manner similar to the
coverage provided to private sector employees:
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40
CFR Part 311
These Environmental Protection Agency (EPA) regulations extend OSHA's
hazardous waste operations and emergency response standard (29 CFR 1910.120)
to state and local government employees engaged in hazardous waste operations
in states that do not have an approved state plan.
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