State OSHA Programs and Regulations in Nonfederal Waters

STATE OSHA PROGRAMS AND REGULATIONS IN NONFEDERAL WATERS 

OSHA and state OSHA programs do not have specific offshore wind farm regulations. Instead, they would apply current regulations, depending on the nature of the work performed and the hazards presented. For offshore wind farms located in U.S. navigable waters, including state territorial seas and U.S. inland waters, OSHA would most likely apply rules from its construction standards (29 CFR 1926), general industry standards (29 CFR 1910), and maritime standards (29 CFR 1915,1917, and 1918). 

Although offshore wind farms under California OSHA or Washington State OSHA jurisdiction could be covered by their safety and health program rules in addition to their construction and general industry rules, federal OSHA, with coordination from USCG, will likely assert jurisdiction over offshore wind farms in all state waters, at least during the initial phases.  

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