The regulatory process can work more quickly at the state level, and state plan programs have set
standards that have sometimes been a model and forerunner of standards later adopted or expanded by
federal OSHA at the national level. Individual states and territories have promulgated standards
addressing hazards specific to local industry, often involving labor and management representatives
in the process.
Two examples of the ability of states to protect workers through standards addressing specific
hazards are the ergonomic standards adopted by California and Washington,
and the amendments to the bloodborne pathogen standard adopted by California,
Alaska, Minnesota and Tennessee to protect
workers from needlestick injuries. Other state examples are listed below.
Permit Requirements
Alaska, California, Hawaii, Iowa, Nevada, Virginia
Alaska, California, Hawaii, Iowa, Nevada and Virginia
have permit requirements for asbestos handling. Iowa requires businesses engaged in the removal
or encapsulation of asbestos to hold a permit for that purpose, and asbestos workers must be
licensed. California and Nevada require pre-job
conferences for certain high-hazard construction projects.
California also requires permits before an employer may undertake the
following work:
- Constructing trenches or excavations five feet or deeper and into which a person is required to
descend.
- Construction or demolition of a building, structure, false-work or scaffolding more than three
stories high.
- Constructing or dismantling vertical shoring systems more than three stories high.
- Helicopter operations during construction of a building or structure.
- Underground use of diesel engines in mines and tunnels.
Crane Regulations
California, Hawaii, Nevada, Maryland, New Mexico, Oregon, Puerto Rico
California, Hawaii, Nevada, Maryland, New Mexico, Oregon and Puerto
Rico have state specific regulations on crane operations. Oregon
requires certification for operators of cranes that are five tons or more. Maryland
has a unique standard for personnel platforms suspended from cranes, derricks and hoists in general industry.
California inspects fixed and mobile tower cranes within 10 business days of receiving an
application for an operating permit. The Division of Occupational Safety and Health (DOSH) inspects
tower cranes–including freestanding, climbing, mobile and self-erecting tower cranes–twice a year.
DOSH must be notified 24 hours in advance whenever a tower crane begins operation, is climbed or
dismantled–and when a mobile tower crane begins operation.
A crane certifier who tests, examines or certifies cranes and derricks in lifting service that
exceed three tons rated capacity is required to be licensed by DOSH, or to be approved by DOSH as a
surveyor to certify cranes under the authority and supervision of a licensed crane certifier.
Puerto Rico requires crane inspectors to be licensed by its Department of Labor and Human Resources.
This regulation was signed by the Governor of Puerto Rico in April 2000 and covers the manufacture,
installation, alteration and repairs of cranes, inspection and certification of cranes, issuance of
licenses and applicant’s requirements, expiration and renewal duties of licensed inspectors,
maintenance of records and suspension.
Logging
Alaska, California, Minnesota, North Carolina, Oregon, Tennessee, Vermont,
Virginia, Washington, Wyoming
Alaska, California, Minnesota, North Carolina, Oregon, Tennessee, Vermont, Virginia,
Washington and Wyoming have state-specific standards on logging practices.
Many of these states developed comprehensive logging standards in the early 1970s. Alaska also developed
safety codes for highline, tractor and helicopter logging.
Though Minnesota has not adopted state-specific standards for loggers, the
Loggers’ Safety Education Program administered by the Workplace Safety Consultation (WSC) Division
provides safety training in eight-hour seminars throughout Minnesota. To receive workers’ compensation
premium rebates from the state’s Targeted Industry Fund, logger employers must maintain current workers’
compensation coverage, and they or their employees must have attended during the previous year a logging
safety seminar sponsored or approved by the WSC Division.
North Carolina has a longstanding partnership with the North Carolina Forestry Association that
includes training on tree felling safety, Logging Demo Day, Forestry Day, and participation in
annual regional meetings of arborists and tree trimmers. The Southern Chapter of the International
Society of Arboriculture assisted the state in achieving its strategic goal of reducing fatalities
relating to tree felling.
Since 1998 Virginia has implemented a Local Emphasis Program on logging as
a cooperative effort among the West Virginia and Virginia
area offices of federal OSHA, and other state and federal forestry agencies and associations.
With the assistance of an advisory committee of logging representatives, the Washington
logging standard was adopted in a clear-rule writing style and updated to meet current industry needs. The
scope of the standard was expanded to cover log road construction and other forest activities that
use logging machinery and power saws. Under the revised standard each worksite must have at least
one serviceable, operable two-way radio, phone or radio/phone combination available to reach
emergency services. The regulation went into effect December 1999.
Confined Space
Washington, Utah, Virginia, Minnesota
In 1973 Washington developed a confined space standard
covering all industries. Utah developed confined space entry requirements
for farming operations in 1987. Before federal OSHA adopted its 1993 permit-required confined space
standard, Virginia had maintained confined space standards for the general,
construction and telecommunications industries since 1987.
In 1988 Minnesota adopted a confined space entry standard for construction
and general industry that classifies all confined spaces from Class I, least hazardous, to Class III,
most hazardous. Class I permits are issued annually, Class II and III permits at the time of entry.
Right-to-Know
Tennessee, Minnesota, Alaska, Michigan, Iowa, California
Many states had right-to-know laws before federal OSHA implemented the hazard communication standard
in 1984. Although the national standard initially covered only manufacturing and later expanded, in
Tennessee, labor, management, TOSHA, and the Tennessee General Assembly
cooperated to expand coverage to all workers. The standard requires initial and annual retraining of
employees, information to be given to TOSHA and to the public upon request, and notification and
warning to firefighters to allow better response to emergencies involving hazardous substances. TOSHA
personnel visited all employers in Standard Industrial Classification codes 20-39 who failed to submit
required chemical lists. With this additional effort, over 98 percent of employers responded.
Minnesota’s employee right-to-know law, adopted in 1983, covers more than hazardous substances. It
also covers harmful physical agents–such as noise, heat, ionizing and non-ionizing radiation–and
infectious agents. MNOSHA has required training on all infectious agents, including bloodborne
pathogens, since 1983.
Alaska’s hazard communication regulations cover noise and radiation in addition to workplace
chemicals and hazardous physical agents. Alaska also publishes physical agent data sheets describing
the hazards for employers.
Michigan covers piping systems containing hazardous substances, and requires employers to post
employee notices on where material safety data sheets (MSDS) are kept, who to contact to review the
MSDS, and notification when a new chemical hazard is introduced in the workplace.
From its inception in 1988, Iowa’s right-to-know legislation covered all industry sectors, including
construction, as well as right-to-know laws for the general public and in public emergency response.
California maintains an information system that alerts employers and workers to the dangers of toxic
substances in the workplace.
Lead in Construction
Maryland, Virginia
Maryland adopted a comprehensive lead-in-construction standard in 1983
combining information, education and enforcement to protect construction workers. The state also
requires laboratories to report high blood-lead levels. Virginia adopted
a regulation to monitor lead contractors’ compliance with state and federal requirements for removal
and disposal of lead.
Petroleum
Utah, Wyoming, Alaska
Utah adopted standards in 1980 that cover all types of oil and gas well drilling and servicing.
Wyoming set regulations in 1970 covering oil and gas well drilling and servicing, and expanded its
coverage in 1984 to include special servicing. Alaska also developed unique safety codes for the
petroleum industry.
High Voltage
Vermont, Virginia
Vermont’s standard for electric power generation, transmission and distribution
requires two qualified lineworkers whenever energized lines and equipment are involved. There are limited
exceptions for work done in emergency situations and from bucket trucks. The standard also requires
contractors to certify their lineworkers as qualified and to provide this information to utilities
prior to starting work.
Virginia’s Overhead High Voltage Line Safety Act requires employers to
work with the owners of overhead power lines to de-energize or guard power lines against accidental
contact while work is being conducted around such lines. This standard includes employee training
requirements.
Off-Highway Vehicles
Kentucky, Minnesota
Recognizing that the hazards of off-highway vehicles exist in industrial settings
as well as on construction sites, Kentucky adopted safety standards for
off-highway motor vehicles and equipment used in general industry locations. Minnesota
adopted a standard in 1999 to provide protection to operators and ground crews working with and
around mobile earthmover equipment on construction sites.
Cold Weather Shelter
Minnesota
Because Minnesota’s climate can adversely affect
working outdoors at certain times during the year, Minnesota adopted a unique job-site shelter standard
in 1978 that requires employers to provide heated privies and shelters for employee mealtimes and clothing
change when working in cold weather.
Migrant & Immigrant Regulations
California, North Carolina, Oregon, Washington, Virginia
Every California employer operating a labor camp is
required to obtain a permit issued by the Department of Housing and Community Development (DHCD) or
by a local government agency authorized to issue such permits. The employer must post or have available
a valid and current permit. DHCD makes preoccupancy inspections as part of the permit process. After
occupancy, inspections are made in response to complaints. Cal/OSHA cites the employer when a permit is
lacking, and makes a referral to DHCD.
California’s Targeted Industries Partnership Program (TIPP) combines and coordinates resources from
state, federal and local agencies to enforce labor laws and educate employers and their employees.
TIPP currently targets the garment manufacturing, restaurant and agricultural industries, which have
long histories of labor law, employment tax and safety and health violations. TIPP’s four lead
agencies–the state Division of Labor Standards Enforcement, Division of Occupational Safety and
Health, Employment Development Department, and the U.S. Department of Labor’s Wage and Hour
Division–develop TIPP’s agenda and recruit other state and local agencies to participate in that
agenda. TIPP has coordinated up to 12 agencies in a single enforcement action.
TIPP began operating in November 1992 as a joint enforcement and educational outreach program
charged with bringing about compliance with state and federal labor laws. Many employees are recent
immigrants without access to information concerning their rights as workers, or to the agencies that
can help them with their wage and hour problems. Recognizing that farm workers who labor in fields
remote from government agencies need special accommodation for their grievances, TIPP set up a
toll-free telephone hotline staffed by bilingual professionals to receive farm worker questions and
complaints.
Many businesses that violate the laws do so out of ignorance of their responsibilities as employers.
As part of TIPP’s educational effort, after each inspection all the TIPP partners participate in a
conference with the employer to disclose their findings and answer questions regarding the laws that
TIPP enforces. During the inspection, TIPP investigators routinely interview the workers to answer
their questions and to ascertain whether the employer is complying with the wage, safety and health
laws.
For over 20 years North Carolina has been a leader in committing resources
to provide protection for agricultural workers. The Agricultural Safety and Health Section of the North
Carolina Division of Occupational Safety and Health conducts pre-occupancy inspections of migrant
housing, and enforces OSHA regulations after the housing has been occupied. North Carolina adopted a
field sanitation standard in 1983 that covers all migrant and seasonal farm workers, regardless of the
number of employees engaged in hand labor operations in the field.
Oregon issues raised by OR-OSHA stakeholders during the 1999 growing season
precipitated changes to the agricultural labor housing regulations. Committee members representing labor,
the agricultural community, elected officials and affected state agencies revised regulations on housing
and related facilities. Some of the changes are:
- One-room living areas no longer need a second emergency exit.
- Owners will not be cited for the housekeeping practices of housing occupants.
- Recyclable materials that are returnable for a refund are not considered garbage or refuge.
- Operators must post street numbers to be visible from the street to emergency vehicles.
- Requirements for toilets, handwashing and bathing facilities must be posted on the unit.
Effective October 1, 2000, housing operators are required to provide a mattress or pad for any bed
or bunk, and the bed or bunk must keep the mattress at least six inches off the floor. Each unit is
required to have a working smoke detector at the time of initial occupancy. Tents must be either
made of or treated with flame-retardant materials.
The 1999 Washington state legislature passed legislation requiring the Department of Labor and
Industries and the Department of Health to adopt joint rules for the licensing, operation and
inspection of temporary worker housing. The departments were required to establish a formal
agreement identifying the roles of each agency with respect to enforcement of temporary worker
housing rules.
The state departments working together with the U.S. Department of Labor, worker advocates and the
agricultural industry developed regulations that will improve housing conditions for farm workers
living in temporary on-farm housing during the harvest seasons. The single set of standards will be
enforced by both agencies, avoiding the confusion in past years. The new rules will be stable and
predictable so that growers and workers alike know what to expect.
Virginia’s field sanitation standard for agriculture ensures the availability
of drinking water for all employees regardless of the number.
Next Section: State
Plan Directory»
|
Back to Top
Printing Instructions