tional status agreement” with the state. This

commits OSHA to voluntarily limit discretionary

federal enforcement in all or certain activities

covered by the state plan.

The ultimate accreditation of a state's plan is

called “final approval.” When OSHA grants final

approval to a state, it relinquishes its authority

to cover occupational safety and health matters

covered by the state. After at least one year of

certification, the state may request final

approval, which OSHA grants if it determines

that the state program is providing worker protection at least as effective as the protection provided by the federal program. The state also

must meet 100 percent of the established compliance staffing levels (benchmarks) and participate in OSHA's computerized inspection data

system, the Integrated Management Information

System (IMIS), before OSHA can grant final

approval. There are currently 15 states that have

received final approval: Alaska, Arizona, Hawaii,

Indiana, Iowa, Kentucky, Maryland, Minnesota,

Nevada, North Carolina, South Carolina,

Tennessee, Utah, Virginia, and Wyoming.

Anyone finding inadequacies or other problems

in the administration of a state's program may

file a complaint with the appropriate OSHA

regional administrator. The complainant's name

is kept confidential. OSHA investigates all such

complaints and requires appropriate corrective

action on the part of the state.

In addition to the 15 states that have received final

approval, six other states and one territory operate

complete state plans (covering both the private

sector and state and local government employees). These include California, Michigan, New

States must set job safety and health standards

at least as effective as comparable federal standards. They also have the option to promulgate

standards covering hazards not addressed by

federal standards.

States must conduct inspections, without

advance notice, to enforce their standards, cover

state and local government employees, and

operate occupational safety and health training

and education programs. States provide free

consultation, funded primarily by OSHA, to help

employers identify and correct workplace hazards in addition to varying and extensive programs of compliance assistance for employers

and employees.

To gain OSHA approval for a “developmental

plan,” the first step in the state plan process, a

state must assure OSHA that all the structural

elements necessary for an effective occupational

safety and health program will be in place within three years. These elements include: appropriate legislation; standards and procedures for

standard setting, enforcement, appeal of citations and penalties; and a sufficient number of

competent enforcement personnel. Appropriate

state legislation must be enacted and matching

Federal funds available prior to OSHA approval.

Once a state has completed and documented all

its developmental steps, it is eligible for certification. Certification renders no judgment as to

actual state performance, but merely attests to

the structural completeness of the plan.

At any time after plan approval, when it appears

that the state is capable of independently

enforcing standards, OSHA may sign an “operaFactSheet

State Job Safety and Health Programs

The Occupational Safety and Health Act of 1970 encourages states to develop

and operate their own job safety and health plans under the authority of state

law. These plans may cover both private and public sector employment or may be

limited to public sector employment only. OSHA approves and monitors states'

plans and provides up to 50 percent of an approved plan's operating costs.
Mexico, Oregon, Puerto Rico, Vermont and

Washington. Three states and one territory –

Connecticut, New Jersey, New York, and the Virgin

Islands – cover state and municipal employees

only. Eight additional states were approved at one

time but subsequently withdrew their programs.

Visit OSHA’s website for more information on

OSHA state plans.

The Occupational Safety and Health State Plan

Association (OSHSPA) is the organization of 

This is one in a series of informational fact sheets highlighting OSHA programs, policies or 

standards. It does not impose any new compliance requirements. For a comprehensive list of 

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

officials from the 26 states and territories that

operate OSHA-approved state plans. OSHSPA

also serves as the link from the state plans to

Congress and to federal agencies that have

occupational safety and health jurisdiction. The

group holds three meetings a year with Federal

OSHA, giving state programs the opportunity to

address common problems and share information. It also provides information to states or territories that are considering application for state

plan status.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

4/2004