OSHA Regulations – State Vs. Federal… What’s the difference?
In the United States, ensuring workplace safety is a top priority, and OSHA plays a vital role in setting standards to protect workers. However, while OSHA regulations are enforced at the federal level, states have the ability to implement their own safety programs that may be more stringent or tailored to specific industries or local needs.
The key difference between state and federal OSHA regulations is that state plans must meet or exceed the effectiveness of federal standards, but they have the flexibility to implement more stringent requirements.
State OSHA Regulations
Under state OSHA regulations, states can:
- Adopt their own OSHA regulations, which can be more stringent than federal regulations
- Add state-specific rules and statutes in addition to federal laws
- Cover hazards not addressed by federal OSHA
- Require employers to keep additional records or report incidents more quickly
- And, protect public employees, such as state or local government workers
Federal Regulations
Federal OSHA covers most private sector employers and workers. These regulations also apply to:
- District of Columbia
- Virgin Islands
- American Samoa
- Guam
- Northern Mariana Islands
- Wake Island
- Johnston Island
- And, the Outer Continental Shelf Lands
State Vs. Federal – Key Differences
State and Federal OSHA regulations also differ based on:
- Adoption – State plans must adopt the same federal regulations but can be more stringent or cover hazards that are not addressed by federal OSHA
- Coverage – Federal OSHA covers most private sector employers and workers in certain states. State plans must cover state and local government workers
- Requirements – State plans are required to to include inspections, training and education programs, and provisions for region-specific natural disasters
The following is an example of how state regulations may differ from federal requirement’s: The state plan requires employers to keep records for the state, even if the company has 10 or fewer employees. Federal regulations state that a business does not have to keep records if there are 10 or fewer employees.
This state plan is more stringent than federal regulations but is still compliant.
Determining What Regulations Apply
If the federal government has jurisdiction in your state, you must comply with federal OSHA laws. If your business is located in a state or territory that does not have an approved state OSHA plan, then federal OSHA regulations apply.
There are 29 states and territories that have their own OSHA-approved state plan. 22 state plans cover both private sector and state and local government workers. 7 state plans cover only state and local government workers. If you are located in a state with an OSHA-approved state plan, you must follow the regulations set by the state plan.
Conclusion
The relationship between state and federal OSHA regulations is crucial for ensuring workplace safety across the U.S. While federal OSHA provides a foundational set of safety standards, states with their own OSHA-approved plans are empowered to implement stricter rules tailored to their specific needs. This allows for a more localized approach to worker protection, addressing industry-specific risks and regional concerns. Employers must stay informed about both federal and state requirements to maintain compliance and safeguard their employees.