State OSHA Plans: Requirements and Jurisdiction

State Plan Fundamentals

Section 18 of the Occupational Safety and Health Act of 1970 allows states to develop and operate their own workplace safety and health programs as an alternative to federal OSHA coverage. These "State Plans" represent a form of cooperative federalism, allowing states to tailor occupational safety and health approaches to their specific industries and hazards while maintaining core protections for workers.

Purpose and Intent

State Plans serve several important purposes:

• Allow states to address unique local safety and health concerns
• Encourage state innovation in safety and health approaches
• Provide coverage for public sector workers not covered by federal OSHA
• Permit states to implement requirements that exceed federal standards
• Create more localized compliance assistance and enforcement
• Allow integration with state workers' compensation and licensing systems

For the construction industry, which often faces varying conditions and hazards based on regional factors like climate, geology, and building types, state-specific approaches can provide more targeted protection.

"At Least As Effective" Requirement

The cornerstone requirement for all State Plans is that they must be "at least as effective" as federal OSHA in providing worker protection. This standard:

• Sets a minimum threshold of protection
• Allows states to exceed federal requirements
• Prevents states from weakening worker protections
• Creates a nationwide baseline of safety expectations
• Requires regular federal evaluation to ensure continued effectiveness

Construction industry employers should note that while federal OSHA standards represent the minimum requirements nationwide, state-specific standards may be more stringent or comprehensive in some areas.

OSHA Approval Process

For a state to operate its own OSHA program, it must complete a rigorous approval process:

1. Developmental Step: The state submits a plan to federal OSHA outlining its proposed program structure, standards, and enforcement mechanisms.
2. Initial Approval: If the plan meets basic requirements, OSHA grants initial approval, allowing the state to begin implementing its program alongside continued federal enforcement.
3. Operational Status: As the state demonstrates ability to operate effectively, federal OSHA gradually relinquishes enforcement authority.
4. Final Approval: After at least three years of effective operation, the state may receive final approval, at which point federal OSHA ceases enforcement activities in areas covered by the state plan.

Once approved, State Plans receive up to 50% federal funding to support their operations, creating a financial incentive for states to maintain their programs.

Current State Plan Landscape

As of 2023, 22 states and territories operate comprehensive State Plans covering both private and public sector workers, while 6 states and territories operate plans covering only state and local government workers. This creates a complex jurisdictional landscape that construction companies must navigate, particularly when operating across state lines.

States with Comprehensive Plans

The following states and territories have plans covering both private sector (including construction) and public sector workers:

• Alaska
• Arizona
• California
• Hawaii
• Indiana
• Iowa
• Kentucky
• Maryland
• Michigan
• Minnesota
• Nevada
• New Mexico
• North Carolina
• Oregon
• Puerto Rico
• South Carolina
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• Wyoming

States with Public Sector Only Plans

The following states and territories have plans covering only state and local government workers, with federal OSHA maintaining jurisdiction over private sector employers:

• Connecticut
• Illinois
• Maine
• New Jersey
• New York
• Virgin Islands

Construction companies should note that in these "public sector only" states, federal OSHA standards and enforcement procedures apply to private construction, but state standards apply to public works projects.

Federal OSHA States

In the remaining 22 states, federal OSHA retains full jurisdiction over private sector workplaces, including construction:

• Alabama
• Arkansas
• Colorado
• Delaware
• Florida
• Georgia
• Idaho
• Kansas
• Louisiana
• Massachusetts
• Mississippi
• Missouri
• Montana
• Nebraska
• New Hampshire
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Texas
• West Virginia
• Wisconsin

State Plan Program Requirements

To meet the "at least as effective" standard, State Plans must include several core components. Construction supervisors should understand these requirements to effectively manage safety compliance in State Plan jurisdictions.

Standards Adoption

State Plans must adopt standards that are at least as effective as federal OSHA standards. States may choose to:

• Adopt identical federal standards by reference
• Adopt different standards that provide equivalent protection
• Adopt more stringent standards than federal OSHA
• Create additional standards with no federal counterpart

When federal OSHA promulgates a new standard, State Plans must adopt it or an equivalent within six months.

For construction employers, this means staying informed about both federal standards development and state-specific requirements in each jurisdiction where they operate.

Enforcement Program

State Plans must maintain enforcement programs comparable to federal OSHA, including:

• Qualified compliance officers with authority to enter workplaces
• Inspection procedures similar to federal OSHA
• Appropriate citation and penalty structures
• Abatement verification processes
• Appeals mechanisms providing due process

State enforcement may differ from federal OSHA in inspection targeting, emphasis programs, and sometimes in compliance officer approach and expertise.

Voluntary Compliance Assistance

Like federal OSHA, State Plans must offer voluntary compliance assistance, including:

• Consultation services for employers
• Outreach and education programs
• Cooperative programs similar to OSHA's Strategic Partnership, Alliance, and Voluntary Protection Programs
• Technical assistance and training

Many State Plans offer construction-specific consultation and training resources tailored to local building practices and hazards.

Coverage of Public Employees

All State Plans must extend coverage to state and local government employees, a sector not covered by federal OSHA. This affects construction companies in several ways:

• Public works projects may have additional requirements
• Municipal and state contractors may face different standards
• State government construction oversight may be more integrated with OSHA enforcement

Whistleblower Protection

State Plans must include provisions protecting workers from retaliation for exercising their safety and health rights, including:

• Filing complaints about workplace hazards
• Participating in inspections and investigations
• Reporting injuries and illnesses
• Raising safety concerns with employers

These protections must be at least as effective as Section 11(c) of the OSH Act, though states may provide stronger protections or longer filing deadlines.

Response to Federal Program Changes

When federal OSHA makes significant program changes, State Plans must respond by either:

• Adopting identical changes
• Implementing alternative changes that are at least as effective
• Documenting why changes are not applicable or necessary

This requirement ensures that State Plans remain at least as effective as federal OSHA as national policy evolves.

Significant State-Specific Requirements

Many State Plans have developed requirements that exceed federal OSHA standards. Construction supervisors should be particularly aware of these common areas of variation.

Injury and Illness Prevention Programs

Several states mandate written Injury and Illness Prevention Programs (IIPPs) with specific elements beyond federal requirements:

• California: Requires a comprehensive written IIPP with specific elements including a system for identifying hazards, investigating accidents, and providing training.
• Washington: Requires Accident Prevention Programs with similar elements.
• Oregon: Mandates a Safety Committee or Safety Meeting system beyond federal requirements.

These programs typically require more structured safety management approaches than federal OSHA's general duty clause or scattered program requirements.

Fall Protection Trigger Heights

States vary in the height at which fall protection is required in construction:

• Federal OSHA: 6 feet for most construction activities
• California: 7.5 feet for certain activities
• Washington: 4 feet in some situations
• Kentucky: 6 feet but with more specific requirements than federal OSHA

Construction supervisors must know the specific trigger heights in each state where they operate and implement fall protection accordingly.

Heat Illness Prevention

While federal OSHA addresses heat hazards through its General Duty Clause, several states have specific heat illness prevention standards:

• California: Detailed requirements for water, shade, acclimatization, and high-heat procedures
• Washington: Requirements triggered at specific temperature thresholds
• Minnesota: Indoor heat exposure standards

Construction companies operating in these states must implement specific written programs and controls beyond what federal OSHA requires.

Silica Exposure

Some states implemented crystalline silica standards before federal OSHA and maintain more stringent requirements:

• New Jersey: More detailed medical surveillance provisions
• California: Lower permissible exposure limits in some cases
• Washington: Additional control method requirements

Since silica exposure is common in construction activities like concrete cutting, drilling, and demolition, these variations have significant compliance implications.

Crane Operation

Crane safety standards vary significantly:

• California: Has licensing requirements beyond federal certification
• Washington: Additional requirements for crane inspections
• Maryland: Specific requirements for tower cranes
• Hawaii: Additional certification requirements

Given the critical safety implications of crane operations, construction supervisors must understand these jurisdictional differences.

Recordkeeping and Reporting

State Plan variations in recordkeeping and reporting include:

• Different reporting timeframes for serious injuries (some require faster reporting than federal OSHA)
• Additional events that trigger mandatory reporting
• Lower thresholds for maintaining records (some states require records from smaller employers)
• Additional documentation requirements beyond the OSHA 300 Log

Multi-Employer Worksite Policies

While federal OSHA has a multi-employer citation policy, some State Plans have:

• More detailed requirements for controlling employers
• Additional documentation requirements for general contractors
• Specific responsibilities for project owners
• Different classifications of employer types

These variations affect liability and responsibility allocation on construction sites with multiple contractors.

Navigating Multi-Jurisdictional Compliance

Construction companies frequently work across state lines, creating complex compliance challenges. Effective supervisors develop strategies to manage these varying requirements.

Jurisdictional Determination

The first step in compliance is determining which jurisdiction applies to each worksite:

• General rule: The location of the worksite determines jurisdiction
• Temporary operations: The state where work is performed applies, even for short-term projects
• Federal enclaves: Federal OSHA typically maintains jurisdiction on federal property (military bases, some federal buildings) even in State Plan states
• Special cases: Some activities have specific jurisdictional rules (e.g., certain maritime operations)

Construction supervisors should verify jurisdiction for each project, particularly when working on federal property within State Plan states.

Cross-Border Operations Management

Construction companies working in multiple states can manage compliance through:

• Company-wide standards: Implementing the most stringent requirements across all operations
• State-specific programs: Developing customized programs for each state
• Core plus supplement approach: Maintaining core compliance elements supplemented by state-specific additions
• Regional compliance officers: Assigning responsibility for compliance in specific geographic regions

The appropriate approach depends on company size, project distribution, and the degree of variation between applicable standards.

Recordkeeping for Multi-State Employers

Companies with establishments in multiple states must:

• Maintain separate injury and illness records for each establishment
• Follow the requirements of the state where each establishment is located
• Submit electronic records according to the requirements in each applicable jurisdiction
• Ensure proper injury reporting to the appropriate state agency

For construction companies with multiple active projects, this often requires careful tracking of project location and applicable reporting requirements.

Training Considerations

Worker training must address all applicable standards where employees will work:

• Train on the most stringent requirements when workers cross jurisdictions
• Highlight state-specific requirements when moving to new locations
• Document training specific to each jurisdiction's requirements
• Consider supplemental training when sending workers to states with unique standards

Many construction companies develop modular training programs with state-specific components that can be added as needed.

Inspection and Citation Management

When facing inspections in State Plan states, construction supervisors should:

• Verify the inspector's credentials (state, not federal, identification)
• Understand state-specific inspection procedures
• Know state-specific citation appeal processes
• Recognize differences in penalty structures and settlement options
• Be familiar with state-specific abatement requirements

Developing relationships with state consultation programs before inspections occur can provide valuable compliance assistance.

Federal Oversight of State Plans

To ensure State Plans maintain effectiveness, federal OSHA conducts ongoing monitoring and evaluation. Understanding this oversight helps construction supervisors interpret the regulatory landscape.

Federal Annual Monitoring and Evaluation (FAME)

OSHA conducts annual comprehensive assessments of each State Plan, evaluating:

• Performance against established indicators
• Response to issues identified in previous evaluations
• Progress toward resolving deficiencies
• Effectiveness compared to federal OSHA
• Special study findings for specific areas of concern

These reports, publicly available on OSHA's website, provide insights into each state agency's effectiveness and focus areas.

Complaints About State Program Administration (CASPAs)

If stakeholders believe a State Plan is not effectively enforcing standards, they may file a CASPA. This process:

• Allows formal complaints about state program deficiencies
• Triggers federal investigation of the alleged issues
• May result in recommendations to the state
• Could lead to corrective action requirements
• In extreme cases, could threaten a state's approval status

Construction industry representatives sometimes use CASPAs to address systemic enforcement concerns in State Plan states.

Operational Status Agreement

Each approved State Plan operates under an agreement with federal OSHA defining:

• Areas where the state has assumed jurisdiction
• Any limitations on state authority
• Federal enforcement presence, if any
• Coordination mechanisms between state and federal authorities
• Reporting relationships and oversight mechanisms

These agreements occasionally change as state programs evolve, potentially affecting jurisdictional boundaries relevant to construction operations.

Federal Authority Reclamation

In rare circumstances, federal OSHA may reassert authority in State Plan states:

• When states fail to address identified deficiencies
• In emergency situations beyond state capacity
• When states choose to relinquish authority in certain areas
• For specific federal emphasis initiatives (with state agreement)

This potential for jurisdictional shifts creates additional complexity for construction employers operating in State Plan states.

State Plan Agencies and Resources

Each State Plan operates through a designated state agency with specific procedures, resources, and compliance assistance options relevant to construction.

State Plan Agency Structure

State Plan agencies vary in organization and approach:

• Labor department model: Housed within the state labor department
• Independent agency model: Standalone agencies focused solely on occupational safety
• Combined function model: Agencies that combine OSHA enforcement with other functions (e.g., workers' compensation, boiler inspection)

Understanding the state agency's structure helps construction supervisors identify the appropriate contacts and resources.

State-Specific Consultation Services

All State Plans offer free, confidential consultation services that:

• Provide hazard identification assistance
• Help develop compliance strategies
• Offer training and education
• Suggest abatement methods
• Assist with program development

These services operate separately from enforcement and provide valuable resources for construction employers seeking compliance assistance.

State Variance Procedures

State Plans have their own processes for considering variances from standards:

• Temporary variances: When compliance cannot be achieved by the effective date
• Permanent variances: When alternative methods provide equal protection
• Experimental variances: Some states allow variances for testing new protection methods

Construction employers may need to apply to the state agency rather than federal OSHA for variances from standards in State Plan states.

State Emphasis Programs

State Plans develop their own emphasis programs targeting specific hazards or industries based on local injury and illness data. Common construction-related emphasis programs include:

• Trenching and excavation
• Fall protection
• Highway work zones
• Silica exposure
• Heat illness

These programs often drive inspection priorities and compliance assistance focus, helping construction supervisors anticipate enforcement activity.

Strategic Compliance Approaches

Construction supervisors can implement several strategies to effectively manage compliance across federal and State Plan jurisdictions.

Compliance Calendar Management

Develop a compliance calendar tracking:

• Standard implementation dates in each relevant jurisdiction
• Inspection anniversary dates from previous enforcement
• Reporting and recordkeeping deadlines
• Training renewal requirements
• Program review schedules

This systematic approach prevents missing critical deadlines across multiple jurisdictions.

Documentation Systems

Implement documentation systems that:

• Clearly identify which standards apply to each project
• Maintain records according to the most stringent requirements
• Track state-specific certification and licensing
• Document training specific to each jurisdiction
• Organize variance applications and approvals

Many construction companies develop jurisdiction-specific documentation packages for each project.

Relationship Development

Build relationships with regulatory authorities in each jurisdiction:

• Participate in state-sponsored training and outreach
• Engage with consultation services proactively
• Attend stakeholder meetings on standards development
• Join industry associations active in state regulatory affairs
• Participate in cooperative programs where available

These relationships provide valuable compliance resources and information about enforcement priorities.

Program Integration

Integrate State Plan requirements into broader safety management systems:

• Incorporate state-specific requirements into project safety plans
• Include jurisdiction checks in project planning processes
• Develop state-specific supplements to company-wide programs
• Create training modules addressing unique state requirements
• Implement inspection protocols tailored to each jurisdiction

This integrated approach prevents state requirements from becoming isolated compliance activities.

Continuous Monitoring

Establish systems to track regulatory changes across jurisdictions:

• Subscribe to state agency newsletters and updates
• Monitor state registers and regulatory agendas
• Participate in advisory committees where possible
• Maintain relationships with industry associations
• Review FAME reports for compliance trends

Construction safety is a dynamic regulatory field, and staying current with changes across multiple jurisdictions requires systematic monitoring.

Conclusion

State OSHA Plans create both challenges and opportunities for construction industry supervisors. While the varying requirements across jurisdictions increase compliance complexity, state programs often provide more targeted, construction-specific resources and standards tailored to local conditions and hazards.

Effective construction supervisors recognize that State Plans represent more than just another layer of regulation—they reflect a cooperative approach to workplace safety that encourages innovation and adaptation to local needs while maintaining core protections for workers. By understanding the structure, requirements, and resources of State Plans, construction supervisors can navigate multi-jurisdictional compliance efficiently while leveraging state-specific assistance to improve safety outcomes.