Does your state have a State Plan? You may be following the wrong rules and regulations at work! Find out if your state has a State Plan and the difference between Federal Regulations and State Plans today!
Federal Regulations
Federal regulations are what most people are used to and have been using for years. They are regulations that are released by government agencies like The Occupational Safety and Health Association (OSHA), The Environmental Protection Agency (EPA), and The Department of Transportation (DOT). They are regulations that all states have to follow in The United States until states started to create their own regulations, commonly referred to as state plans.
What Is A State Plan?
Section 18 of The Occupational Safety and Health Act enacted in 1970, allows states to create their own health and safety plans or state plans that supersede the federal regulations. This means any state can create its own rules, regulations, and training requirements for health and safety.
It's important to know that any state plan must be at least as effective as the federal OSHA plan. Many states have created stricter standards or address hazards that OSHA's regulations do not. This may be a primary driver in why the state wanted to create and manager their own plan in the first place.
States will either make a state plan that is required for every workplace, both in the private sector and local government workers, or they may only require it for local government workers. If OSHA creates a new standard, the state plan has six months to incorporate that standard or a standard that exceeds it. There are currently 28 states that have enacted state plans.
What States Have State Plans?
Currently, 28 U.S. states have their own plan. Click on the links below for more information.
The following states have state plans that are applicable to both private-sector employees as well as state and other government workers:
These U.S. states have enacted plans that specifically address government workers:
If your state doesn’t appear above. they currently don’t have a state plan. This means workers in these U.S. states are covered under federal regulations enacted and maintained by OSHA.
Fines And Penalties
Each state has its own set of rules and procedures for enforcing the standards of the state plan so, you can expect fines and penalties to be different from OSHA’s. Many states have higher fines and stricter penalties for infractions.
FAQ:
I work in a state that has a State Plan. Do I have to follow the regulations from the State Plan or Federal OSHA regulations? Does one supersede the other one?
If you live in a state with a state OSHA plan, that plan will always supersede the federal OSHA regulations.
