Purpose
The purpose of this document is to provide information to Congress on the impact and funding of
state-operated programs for occupational safety and health. State Plan Programs are highly
successful, but have experienced significant funding deficiencies for the past seven years.
CHART 1
Federal OSHA Budget
(in millions of dollars)
 |
CHART 2
OSHA Budget for State Plans 23(g)
(as percent of total OSHA budget)
 |
Text Version of Chart:
Chart Title: CHART 1 - Federal OSHA Budget (in millions of dollars)
Chart Type: Vertical Bar Graph
Chart Elements: 8 - One bar for each year showing the Federal OSHA Budget in millions of dollars
Values:
- 2001 = 425
- 2002 = 444
- 2003 = 450
- 2004 = 458
- 2005 = 464
- 2006 = 472
- 2007a = 472
- 2008a = 490
a = proposed budgets
|
Text Version of Chart:
Chart Title: CHART 2 - OSHA Budget for State Plans 23(g) (as percent of total OSHA budget)
Chart Type: Vertical Bar Graph
Chart Elements: 8 - One bar for each year showing the OSHA State Plans budget as a percent of the
total OSHA budget
Values:
- 2001 = 20.8
- 2002 = 20.2
- 2003 = 20.1
- 2004 = 20.1
- 2005 = 19.6
- 2006 = 19.3
- 2007a = 19.3
- 2008a = 18.6
a = proposed budgets |
Occupational Safety and Health Administration (OSHA)
In establishing OSHA, Congress specifically encouraged states to develop their own safety and health
plans, which would provide enforcement and compliance assistance activities. Section 18 of the
Occupational Safety and Health Act, signed into law on December 29, 1970, authorized states to
administer a state-operated program for occupational safety and health, provided the programs are
"at least as effective" as federal OSHA.
Congress envisioned a comprehensive national program that would provide safety and health protection
in all U.S. states and territories. Prior to the creation of OSHA, many states were already
operating programs to protect their workers. Today there are 26 states and territories that operate
a State Plan Program for workplace safety and health, and work together through the Occupational
Safety and Health State Plan Association (OSHSPA).
CHART 3
Contribution by State Plans
(in millions of dollars)
 |
CHART 4
OSHA Funding for State Plans 23(g)
and Impact of Inflation
(in millions of dollars)
 |
Text Version of Chart:
Chart Title: CHART 3 - Contribution by State Plans (in millions of dollars)
Chart Type: Vertical Bar Graph
Chart Elements: 7 - One bar for each year showing the Contribution by State Plans in millions of dollars
Values:
- 2001 = 41.6
- 2002 = 40.7
- 2003 = 40.4
- 2004 = 37.7
- 2005 = 39.9
- 2006 = 46.7
- 2007a = 58.4
a = proposed budgets |
Text Version of Chart:
Chart Title: CHART 4 - OSHA Funding for State Plans 23(g) and Impact of Inflation (in millions of
dollars)
Chart Type: Vertical Bar Graph
Chart Elements: 16 - Two bars for each year showing the State Plan funding when adjusted for
inflation
Values:
- 2001
- State Plan 23(g) Federal Dollars = 88
- Adjusted for Inflation = 86
- 2002
- State Plan 23(g) Federal Dollars = 90
- Adjusted for Inflation = 86
- 2003
- State Plan 23(g) Federal Dollars = 90
- Adjusted for Inflation = 84
- 2004
- State Plan 23(g) Federal Dollars = 92
- Adjusted for Inflation = 83
- 2005
- State Plan 23(g) Federal Dollars = 91
- Adjusted for Inflation = 79
- 2006
- State Plan 23(g) Federal Dollars = 91
- Adjusted for Inflation = 76
- 2007a
- State Plan 23(g) Federal Dollars = 91
- Adjusted for Inflation = 74
- 2008a
- State Plan 23(g) Federal Dollars = 91
- Adjusted for Inflation = 71
a = estimated for 2006-2008 |
State Plan OSHA Funding
States choosing to operate a State Plan Program contribute a significant amount toward funding the
program. Congress established a 50 percent funding level to encourage states to operate their own
programs and to develop innovative approaches to workplace safety and health issues. Because states
must provide at least a 50 percent match, every federal dollar is doubled - which multiplies OSHSPA
state plan efforts.
While Congress envisioned that the partnership between federal OSHA and the state plans would
include federal funding of 50 percent of the costs - the federal portion for State Plan Programs has
diminished significantly over the years. Some key issues:
- During the past seven years, federal funding has increased more than 15 percent − while state plan
funding has increased only about three percent. (Charts 1 & 2)
- States received 19.3 percent of the overall federal OSHA budget in FY 2006, compared to 20.8
percent in FY 2001. (Chart 2)
- States are required to match federal funds. In addition, states contributed "overmatch" funds of
more than $46.7 million in FY 2006 and will contribute an estimated $58.4 million in FY 2007. (Chart 3)
- The "real dollars" available to states have significantly decreased when considering inflation.
The $91 million in federal funds equates to $71 million when adjusted for inflation since 2001.
(Chart 4)
- Initially, federal OSHA was able to fund states at a level up to 50 percent of the program costs.
As program demands have increased, the states have not been provided the necessary federal OSHA
financial resources to "keep up."
Federal OSHA and the state plans jointly developed a formula to more effectively distribute to
states additional funding that becomes available. However, this formula is not a mechanism for
addressing the fundamental problem of inadequate funding of State Plan Programs.
Proposed Funding Solution
A process must be established to accurately and fairly address the budgetary requirements of State
Plan Programs. Funding for state plans is a separate line in the OSHA budget and must be
specifically addressed. An increase in the OSHA budget does not increase the portion provided to
state-operated programs.
Federal OSHA does not involve the state plans in its budgetary process, or address declining state
plan funding as a budget priority. Therefore, OSHSPA must educate Congress on the importance of this
issue. OSHSPA states are a Congressional success story, and are effective and efficient users of
state and federal tax dollars. The strong partnership with OSHA has placed State Plan Programs in a
perfect position to develop successful grassroots solutions with representatives of labor, industry,
professional and academic organizations, and the public.
At a minimum, State Plan Programs should be currently funded at an amount that would be in place had
state plan funding kept pace with federal OSHA funding over the last several years. Based on the
original intent of Congress and the output of the state plans, the long-term goal should be to reach
full 50 percent funding.
Impact of State Plan Programs
State Plan Programs cover approximately 40 percent of private-sector workers nationally. In
addition, they extend coverage to more than 10 million workers in the public sector, which includes
state and local governments, municipalities, colleges and universities. In all, it’s estimated the
OSHSPA states cover more than 2.9 million workplaces and 58 million workers. In FY 2006, state plans
conducted nearly 60,000 inspections, identified over 120,000 hazards and assessed over $70 million
in penalties. (Charts 5 and 6)
CHART 5
Program Funding & Penalties Assessed
(in millions of dollars for FY 2006)
 |
CHART 6
Program Inspections and Violations
(for FY 2006)
 |
Text Version of Chart:
Chart Title: CHART 5 - Program Funding & Penalties Assessed (in millions of dollars for FY 2006)
Chart Type: Vertical Bar Graph
Chart Elements: 4 - Two bars showing program funding and two bars showing the penalties assessed for
both Federal OSHA and Stat Plan States
Values:
- Funding for Programs
- Federal OSHA = $472
- State Plan States = $228*
- Penalties Assessed
- Federal OSHA = $84
- State Plan States = $71
*Includes $91M from OSHA and $137M in match from States |
Text Version of Chart:
Chart Title: CHART 6 - Program Inspections and Violations (for FY 2006)
Chart Type: Vertical Bar Graph
Chart Elements: 4 - Two bars showing the number of inspections and two bars showing the total
violations for both Federal OSHA and State Plan States
Values:
- Number of Inspection
- Federal OSHA = 38,600
- State Plan States = 58,100
- Total Violations
- Federal OSHA = 83,900
- State Plan States = 127,500
|
State Plan Programs bring unique strengths and flexibility to the administration
of occupational safety and health programs in this nation. The OSHSPA states serve as "laboratories
of innovation." Because the programs are locally based, it is easier to develop and implement new
programs and innovations, pilot alternative approaches, and experiment with new methods for achieving a
safe and healthy work environment.
Since federal OSHA was enacted in 1970, workplace fatalities have decreased by 60 percent and
injury/illness rates are down 40 percent. Working together with federal OSHA, State Plan Programs
continually identify new ways to encourage employer investment in workplace safety and health.
Federal OSHA estimates employers realize a $4 − $6 return on every $1 invested in worker safety and
health. This investment is significant because workplace injuries, illnesses and fatalities are
estimated to cost the country more than $170 billion per year.
Although the number of employers and employees continue to increase in many states, the net
resources to address workplace hazards in state plans have declined due to inflation and unfunded
mandates from OSHA. The potential impacts if this trend continues are reduced enforcement and
outreach capabilities and smaller reductions in injuries, illnesses and fatalities. Without more
resources, it may become very difficult for some states to maintain a program that is at least as
effective as federal OSHA, which is a mandatory requirement for state plan programs.
Federal OSHA has long recognized State Plan Programs for their innovative approaches to protect
working men and women across America. Together, OSHSPA State Plan Programs and federal OSHA will
continue to share the message that it pays to invest in safety and health − with the primary goal
that workers across the country return home from work safe and healthy at the end of the day.
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State Plan Programs Covering
Private and Public Sectors |
States Covered by Federal OSHA
Private Sector Only |
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Alaska
Arizona
California
Hawaii
Indiana
Iowa
Kentucky
Maryland
Michigan
Minnesota
Nevada
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New Mexico
North Carolina
Oregon
Puerto Rico
South Carolina
Tennessee
Utah
Vermont
Virginia
Washington
Wyoming
|
Alabama
Arkansas
Colorado
Connecticut
Delaware
Dist. of Columbia
Florida
Georgia
Idaho
Illinois
Kansas
Louisiana
Maine
Massachusetts
Mississippi
Missouri
|
Montana
Nebraska
New Hampshire
New Jersey
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Dakota
Texas
Virgin Islands
West Virginia
Wisconsin
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State Plan Programs
Covering Public Sector Only |
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State Plan Programs
Currently, there are 26 states and territories with state-operated programs for worker safety and
health. Twenty-one states and one territory have plans covering the private and public sectors.
Three states and one territory have programs covering the public sector only. OSHSPA links the 26
state-plan jurisdictions, federal OSHA jurisdictions and Congress.
State Plan Programs have historically led efforts to create multidisciplinary approaches for
workplace safety and health. In addition to compliance activity, most states devote significant
resources for outreach, including consultative services and training resources to employers and
workers.
The OSHSPA states have established a strategic planning process that measures program outcomes based
on each state’s unique knowledge of local work activity and hazards. This approach is consistent
with the requirements of the Government Performance and Results Act (GPRA). Each state’s strategic
plan provides objective information for determining budget levels, and enhances public confidence by
showing program activities and results.
Occupational Safety and Health
State Plan Association
2007 Board of Directors |
Chairperson
Steve Cant
Assistant Director
Division of Occupational Safety and Health
Washington State Department of Labor and Industries
P.O. Box 44600
Olympia, WA 98504-4600
Phone: 360.902.5495
E-mail
Vice Chairperson
Vicky Heza
Deputy Chief
Division of Occupational Safety and Health
California Department of Industrial Relations
2100 East McFadden Avenue, Ste. 214
Santa Ana, CA 92705
Phone: 714.558.4411
E-mail
Past Chairperson
Douglas Kalinowski
Michigan Occupational Safety and Health Administration
Michigan Department of Labor & Economic
Growth
P.O. Box 30643
Lansing, MI 48909-8143
Phone: 517.322.1814
E-mail |
Directors
Kevin Beauregard
Assistant Deputy Commissioner
Division of Occupational Safety and Health
North Carolina Department of Labor
1101 Mail Service Center
Phone: 919.807.2863
Raleigh, NC 27699-1101
E-mail
Grey Mitchell
Director
Division of Labor Standards and Safety
Alaska Department of Labor
P.O. Box 21149
Juneau, AK 99802
Phone: 907.465.4855
E-mail
John Winkler
Administrator
Development
Tennessee Department of Labor and
Workforce
710 James Robertson Parkway, Third Floor
Nashville, TN 37243
Phone: 615.741.2793
E-mail
Jay Withrow
Director
Office of Legal Support
Virginia Department of Labor and Industry
Powers-Taylor Building
13 S. 13th Street
Richmond, VA 23219
Phone: 804.786.9873
State Plan Programs
E-mail |
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