State OSHA Programs, Establishment and Advantages

Almost everyone has heard of the Occupational Safety and Health Act (OSHA) of 1970, but what you may not know is that Section 18 of the Act encourages states to develop their own programs to promote safety in the workplace. State plans must be approved and monitored by OSHA at the federal level, and the program provides up to 50% of the operating costs for each approved state plan. Currently 20 states and 2 U.S. territories (Puerto Rico and the U.S. Virgin Islands) have their own OSH plan maintained in this way, with federal approval. The states are listed below:

Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, Wyoming.

The plans in Connecticut, Illinois, New Jersey, New York, and the Virgin Islands cover public sector employment only.

To maintain its federal OSHA approval, each state must conduct its own safety inspections to enforce established standards, cover state and local employees, and establish OSH training and education programs. Most states also offer free on-site consultation to help employers and facility owners identify and correct hazards in the workplace.

To establish its own OSH plan, a state must first gain approval for what is called a “developmental plan,” in which it assures OSHA that it will establish the needed framework for an effective OSH plan within 3 years (including appropriate legislation, regulations, procedures for standard-setting, enforcement mechanism and personnel, and an appeals process). Once established, a state receives approval. The next step is an operational status agreement between OSHA and the state, which basically says that the state program is capable of operating effectively and independently. Final approval is contingent upon the state meeting 100% of the federal competence benchmarks. This includes providing worker protection that is “at least as effective” as the federal program in assuring worker safety.

State-managed OSHA programs have the advantage of being more in touch with the specific needs of that state’s industries and safety issues, for example, a farming and agro-business state like Iowa may have safety priorities and specifics that differ from those of a port and refinery state like New Jersey or a mining state like Nevada. State programs also allow tailoring of educational and training programs to the specific industrial needs of their communities. States also offer cooperative programs that reach out to businesses, labor groups, and other organizations to help reduce workplace hazards and risks.

Section 18 of the Occupational Safety and Health Act can be reviewed by clicking here.

Thanks for reading,

Michael Evanko
Marketing Manager