OSHA-Approved State Programs

As discussed in Chapter 3, land-based wind farms and wind farms within state territorial waters fall under the regulatory authority of the Occupational Safety and Health Administration (OSHA) or OSHA-approved state programs. OSHA regulations and standards address many of the tasks and hazards associated with wind farm development, and industry can draw on them in developing the safety management system (SMS) required by the Bureau of Ocean Energy Management... 

In summary, information is readily available to help employers identify which employees should receive safety and health information, education, and training, and who should receive it before others. Employers can request assistance in obtaining information by contacting such organizations as OSHA Area Offices, the Bureau of Labor Statistics, OSHA-approved state programs, state on-site consultation programs, the OSHA Office of Training and Education, or local safety councils. 

A number of on-site consultation programs provide collections of sample safety and health programs on their websites, including those listed below. The on-site consultation programs are run by the states with funding from OSHA. If you are in a state with an OSHA approved state program, please check with your state agency. 

Most employees in the nation come under OSHA s jurisdiction. OSHA covers private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through federal OSHA or through an OSHA-approved state program. State run health and safety programs must be at least as effective as the federal OSHA program, but can also be more stringent. 

Employees who work for state and local governments are not covered by federal OSHA, but have OSH Act protections if they work in a state that has an OSHA-approved state program. In addition, states may elect to establish OSHA plans that only cover public sector employees in these cases, private sector workers in those states fall under federal OSHA jurisdiction. 

Your employer is legally responsible for providing a safe workplace and should freely answer your questions about hazardous chemicals. Your OSHA-approved state occupational safety and health program or OSHA can also answer any further questions you might have, and help your employer identify and correct problems with hazardous substances. If you would like to make a formal complaint about health hazards in your workplace, your OSHA-approved state occupational safety and health program or OSHA office will listen to your complaint and inspect your workplace when necessary. 

Your OSHA-approved state occupational safety and health program or OSHA will listen to your... 

A state that is administering its own occupational safety and health enforcement program pursuant to Section 18 of the Act must have provisions as effective as those of Section 11(c) to protect employees from discharge or discrimination. The OSHA, however, retains its Section 11(c) authority in all states regardless of the existence of an OSHA-approved state occupational safety and health program. 

Since 1970, OSHA has issued more than 500 rules dealing with all aspects of worker safety and protection in the workplace. Recent amendments to the 1970 Act require employers to notify employees of potential workplace healfli hazards, including chemicals. OSHA regulates exposure to about 400 hazardous and toxic substances in the workplace that can cause harm. Under Seetion 18 of the OSH Act, states are allowed to assume the responsibility for developing and enforeing their own safety and health programs. To date, 25 states have OSHA-approved state plans. ... 

Some states operate their own OSHA programs. States operating OSHA-approved state plans must have occupational injury and iUness recording and reporting requirements that are substantially identical to the requirements of federal OSHA s Part 1904. These states must have the same requirements as federal OSHA for determining which injuries and illnesses are recordable and how they are recorded. 

These states and territories operate their own OSHA-approved job safety and health programs (Connecticut, New Jersey, and New... 

Note Many states have their own OSHA-approved occupational safety and health programs. Contact your state s labor department to determine if you should comply with the federal OSHA regulations or your state s requirements. Most states follow the same recordkeeping requirements and use the same forms as the federal regulations. Also note that some insurance companies have their own forms that you can use instead of the OSHA forms. Check with your insurance carrier for information. 

OSHA regulations apply to workers in private sector industries, the federal government, and state and local governments in OSHA-approved programs. However, self-employed workers, immediate family members of farm families without outside workers, and workers in some federal programs such as the Coast Guard or Federal Aviation Agency are exempt. 

States with OSHA state plans must cover their employees with regulations at least as effective as the Federal OSHA standards. Public employees in states without approved state OSHA programs covering hazardous waste operations and emergency response are covered by the U.S. EPA under 40 CFR 311, a regulation virtually identical to 1926.65. 

The OSH Act encourages states to develop and operate their own job safety and health programs. Federal OSHA approves and monitors state plans and provides up to 50 percent of an approved plan s operating costs. There are currently 22 states and jurisdictions operating complete state plans (covering both the private sector and state and local government employees) and five states which I cover public employees only. The following information is current as of February 7, 2014. 

These states and territories operate their own OSHA-approved job safety and health programs (Connecticut, Illinois, New Jersey, New York, and Virgin Islands plans cover public employees only). States with approved programs must have a standard that is identical to, or at least as effective as, the federal standard. 

Although we have provided our interpretation of the federal standard, twenty-six states, including California, operate their own OSHA-approved occupational safety and health programs. These State-plan States adopt and enforce their own standards, which may have different requirements from the federal standards regarding medical services and supplies. The California Department of Industrial Relations (Cal-OSHA) administers the state plan program. Cal-OSHA standards are accessible on the state s website — http // www.dir.ca.gov/occupational safety.html. If you would like more information about California workplace safety and health regulations, the address is as follows ... 

For your information, the State of Kentucky administers its own occupational safety and health program under a plan approved and monitored by Federal OSHA. Therefore, employers in the State of Kentucky must comply with State occupational safety and health requirements. As a condition of plan approval, States are required to adopt and enforce occupational safety and health standards that are at least as effective as those promulgated by Federal OSHA. For the most part, Kentucky standards are identical to the Federal... 

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