Kara Sears
The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or seriously harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. OSHA also approves and monitors state plans, which operate under the authority of state law. While OSHA does not preempt state laws that provide a greater degree of protection or benefit for employees, it does seek to reduce the burden on interstate commerce produced by conflicting state and local regulations. This means that in some cases, OSHA may preempt state safety laws.
| Characteristics | Values |
|---|---|
| OSHA's purpose | To prevent workers from being killed or seriously harmed at work |
| OSHA's role | Set and enforce protective workplace safety and health standards |
| OSHA's scope | Covers most private sector employers and their workers, in addition to some state and local government employers and their workers in the 50 states and certain territories and jurisdictions under federal authority |
| OSHA's protection | OSHA also provides workers with the right to receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace |
| OSHA's enforcement | OSHA compliance safety and health officers (CSHOs) conduct inspections, issue citations for violations, and propose penalties |
| OSHA's preemption of state laws | OSHA does not preempt state laws that provide a greater degree of protection or benefit for employees |
| OSHA's state plans | OSHA approves and monitors state plans, which operate under the authority of state law |
| OSHA's approval process | States must submit their intended requirements to OSHA for approval and must set standards that are at least as effective as the equivalent Federal standard |
| OSHA's role in inspections | In states with their own OSHA-approved state plans, state officials conduct inspections, issue citations, and propose penalties in a manner that is at least as effective as the Federal program |
| OSHA's role in complaints | OSHA staff can discuss complaints, address questions, and initiate inspections and legal action if necessary |
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What You'll Learn
OSHA-approved state plans
In the United States, states have the option to implement a separate state program addressing workplace safety, known as a "State Plan". These State Plans are OSHA-approved and cover both private sector and state and local government workers.
State Plans must adopt standards that are at least as protective as OSHA standards. However, state laws can establish more stringent safety requirements than federal standards. It is important to note that OSHA does not have jurisdiction over federal agencies, state and local governments, those who are self-employed, farmers who only employ immediate family members, and employers of non-employees.
- Alaska: Covers most private sector workers and all state and local government workers.
- Arizona: Covers most private sector workers and all state and local government workers.
- California: Covers most private sector workers and all state and local government workers.
- Connecticut: Covers state and local government workers. Private sector employers and workers are covered by federal OSHA.
- Hawaii: Covers most private sector workers and all state and local government workers.
- Indiana: Covers most private sector workers and all state and local government workers.
- Iowa: Covers most private sector workers and all state and local government workers.
- Kentucky: Covers most private sector workers and all state and local government workers.
- Maine: Covers only state and local government workers. Private sector employers and workers are covered by federal OSHA.
- Maryland: Covers most private sector workers and all state and local government workers.
Employers need to identify whether their worksites fall under the jurisdiction of OSHA, a State Plan, or a combination of both, as the implications of workplace safety regulations and financial consequences for non-compliance depend on the responsible program.
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Hazcom provision
OSHA's hazard communication standard (Hazcom or HCS) requires employers with hazardous chemicals in the workplace to implement a formal hazard communication program. This includes processes for managing and maintaining safety data sheets (SDSs), container labels, chemical inventory lists, a written HCS plan, and employee training on OSHA's HCS standard specific to the employer's work environment.
The purpose of the standard is to provide a standardized approach for communicating workplace hazards associated with exposure to hazardous chemicals. This includes ensuring that employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries.
To meet these requirements, employers must ensure that their hazard communication program is delivered in a language and manner that employees understand. This may include the use of on-demand training courses and online training, which can provide employees with the flexibility to learn at their own pace and schedules and help minimize the impact of training on operations.
The Hazcom provision is intended to preempt conflicting state regulatory actions, but not tort claims. This means that while states can assume responsibility for their own occupational safety and health programs, they must meet certain criteria and be approved by the Secretary of Labor. The Hazcom standard also states that for a state to regulate in this area, it must submit its intended requirements to OSHA for approval under section 18 of the OSH Act.
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Tort claims
The Occupational Safety and Health Administration (OSHA) sets requirements by statute, standards, and regulations. These requirements are explained in interpretation letters, which also detail how they are applied to particular circumstances. However, these letters do not create any additional obligations for employers. OSHA requirements can be updated in response to new information.
OSHA's Hazcom provision is intended to preempt conflicting state regulatory actions. However, it does not preempt tort claims. The Hazcom standard and a typical failure-to-warn claim do not conflict. The underlying duty (allegedly breached) of such a tort claim—the provision of an adequate hazard warning—is not inconsistent with the Hazcom standard. The Department of Labor's position is that the Hazcom standard does not preempt state tort failure-to-warn suits.
The Court has construed section 18 of the OSH Act, which allows states to assume responsibility for their own occupational safety and health programs if certain criteria are met and they are approved by the Secretary of Labor. This indicates a congressional intent to preempt a state occupational safety and health standard relating to an issue for which a federal standard is in effect, where there is no approved state plan. The Gade Court recognized the limits of its decision, pointing out that state laws of general applicability (e.g. laws regarding traffic safety or fire safety) that do not conflict with OSHA standards and that regulate the conduct of workers and non-workers alike would generally not be preempted.
OSHA-approved state plans are in place in several states, including Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, Alaska, Arizona, California, Hawaii, and Indiana. These plans may cover state and local government workers, private sector employers and workers, or both.
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Worker safety rights
The Occupational Safety and Health Administration (OSHA) was created by the Occupational Safety and Health Act of 1970. It sets and enforces protective workplace safety and health standards. OSHA standards cover construction, agriculture, maritime, and general industry.
OSHA is committed to ensuring safe and healthy working conditions for workers. It does this by setting and enforcing standards and providing training, outreach, education, and assistance. All workers have the right to a safe and healthy workplace, regardless of their immigration status.
Workers have the right to speak up about health and safety hazards without fear of retaliation. Employers must keep the workplace free of known health and safety hazards. If working conditions are unsafe or unhealthy, workers may file a confidential complaint with OSHA and request an inspection. It is illegal for an employer to retaliate against a worker who complains to OSHA. If retaliation occurs, workers can file a whistleblower complaint within 30 days.
OSHA also provides workers with information about common workplace hazards. By using their employer's North American Industry Classification System (NAICS) code, workers can search for commonly cited workplace hazards in their industry. This allows workers to be informed and proactive about potential hazards in their workplace.
In addition to federal OSHA regulations, some states have implemented their own OSHA-approved State Plans. These plans may cover state and local government workers, private sector workers, or both. For example, Alaska, Arizona, California, and Hawaii have OSHA-approved State Plans that cover most private sector workers and all state and local government workers. On the other hand, Connecticut, Illinois, Maine, and Massachusetts have plans that only cover state and local government workers, with private sector workers covered by federal OSHA. These state plans allow for more tailored and specific regulations that take into account the unique characteristics of each state.
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State review boards
As of the last update to the source page, there were 22 State Plans covering both private sector and state and local government workers, and seven State Plans covering only state and local government workers. States with OSHA-approved State Plans include Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands.
The role of state review boards is particularly significant when it comes to preemption, which occurs when federal regulations supersede state laws. In the context of OSHA, preemption can arise when federal standards conflict with state safety regulations. For instance, the Hazcom provision under OSHA is intended to preempt conflicting state regulatory actions related to the identification of hazardous chemicals. However, it is important to note that the Hazcom standard does not preempt state tort failure-to-warn suits.
Additionally, state review boards must consider the impact of other federal agencies' regulations on OSHA requirements. For example, safety and health requirements approved by the Federal Aviation Administration (FAA) or the Environmental Protection Agency (EPA) may exempt working conditions from OSHA requirements. State review boards must stay apprised of these inter-agency dynamics to ensure that their state's laws and regulations remain compliant and effective.
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Frequently asked questions
OSHA does not preempt state laws that provide a greater degree of protection or benefit for employees. However, it encourages states to develop and operate their own job safety and health programs, which it approves and monitors.
OSHA-approved state plans are job safety and health programs developed and operated by states. There are currently 22 State Plans covering both private sector and state and local government workers, and seven State Plans (Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands) covering only state and local government workers.
States with OSHA-approved state plans must set standards that are at least as effective as the equivalent Federal standard. Most, but not all, state plan states adopt standards identical to the Federal ones.
OSHA's Hazcom provision is intended to preempt conflicting state regulatory actions, but not tort claims. The standard also sought to reduce the burden on interstate commerce produced by conflicting state and local regulations relating to the identification of hazardous chemicals.
