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States and territories may elect to develop their own unique workplace safety and health program.
Each state program takes responsibility for developing and enforcing workplace safety and health
standards in their jurisdiction. The state and territorial programs cover 40 percent of the nation’s
workforce, conducting enforcement inspections and providing consultative services. They also provide
free training and outreach, encouraging employers and their employees to follow safe and healthful
work practices.
OSHSPA, the Occupational Safety and Health State Plan
Association, links the 26 state plan jurisdictions, federal occupational safety and health
jurisdictions, and Congress. The 26 states and territories operating state plan programs–and the U.S.
Department of Labor’s Occupational Safety and Health Administration (OSHA)–share this common goal: a
safe and healthful workplace for every worker through prevention of injuries, illnesses and fatalities
on the job.
According to Section 18 of the federal OSH Act of 1970: “Any State which, at any time, desires to
assume responsibility for development and enforcement therein of occupational safety and health
standards relating to any occupational safety and health issue with respect to which a Federal
standard has been promulgated under section 6 shall submit a State plan for the development of such
standards and their enforcement.”
State standards and their enforcement must be “at least as effective” as federal OSHA in promoting
safe and healthful working conditions. State plans are approved and monitored by federal OSHA, which
funds up to 50 percent of an approved plan’s operating costs. Benefits of a state plan include
coverage for public sector employees, as well as creating new programs that address hazards specific
to the state’s industries.
OSHSPA holds three meetings a year at which state program representatives share information and
discuss common problems. It also provides information to states or territories considering
application for state plan status. OSHSPA representatives appear before congressional committees and
other agencies to report on workplace safety and health issues.
Protecting Public-Sector Employees
Even though the OSH Act of 1970 specifically excludes from federal coverage
states’ public agencies and their political subdivisions, the state plans are required to provide
occupational safety and health protection to public-sector employees. This is a significant
requirement and benefit of the state plan programs, as some of the most hazardous workplaces are in
the public sector: firefighting, emergency response, corrections, law enforcement, publicly-funded
healthcare facilities, and transportation workers. Under the state plan program, public employees
receive protection equal to that of private-sector employees.
A number of states have special emphasis programs for public employees, as well as the private
sector. Special emphasis programs in state and local hospitals and nursing homes deal with
ergonomics and bloodborne pathogens, and New Mexico developed a standard
that is more effective than OSHA’s standard on firefighting.
The Connecticut, New Jersey and New York
state plans cover only public-sector employees–federal OSHA covers private-sector employees
in these states. The Virgin Islands converted the Territory’s
comprehensive state plan to a public employee only state plan in July 2003.
State Plan Programs Covering Private and Public Sectors
(21 States and One Territory) |
 |
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 |
State Plan Programs Covering Public Sector
Only
(Private sector coverage provided by federal OSHA) |
 |
Connecticut
New Jersey
New York
Virgin Islands |
|
States Covered by Federal OSHA–Private
Sector Only
(29 States and the District of Columbia) |
 |
Alabama
Arkansas
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Idaho
Illinois
Kansas
Louisiana
Maine
Massachusetts
Mississippi
Missouri |
Montana
Nebraska
New Hampshire
New Jersey
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Dakota
Texas
Virgin Islands
West Virginia
Wisconsin |
Investing in Worker Protection
In federal fiscal year 2002, state programs received $89.7 million in 23(g) and $23.4 in 21(d)
funding from the Occupational Safety and Health Administration’s total budget of $443.9 million. The
states are required to provide at least 50 percent of the total funds for a 23(g) program, and at
least 10 percent for the 21(d) program.
In addition, many states fund other programs focused on safety and health in the workplace. Even in
states facing serious budget constraints, the respective legislatures continue to provide matching
funds for occupational safety and health programs in recognition of their value in reducing
workplace injuries and illnesses, conserving both human and fiscal resources.
In fiscal year 2002, state and territorial funds of $130.4 million were allocated to state plan
programs. This commitment to worker safety and health is worthy of recognition. State plan programs
make a significant contribution to the goal of safe and healthful workplaces for all American
workers.
FY 2002 Total Federal OSHA Budget
Text version of chart:
Title: FY 2002 Total Federal OSHA Budget
Type: Pie Chart
Chart Elements: 3 - One pie portion for each percentage/dollar amount of the total budget.
Values:
- OSHA Share = 75% ($330.7 Million)
- State Plans 23(g) Share = 20% ($89.7 Million)
- State Plans 21(d) Share = 5% ($23.4 Million)
Total = $443,987,000
FY 2002 Funding for State Plan Programs
Text version of chart:
Title: FY 2002 Funding for State Plan Programs
Type: Pie Chart
Chart Elements: 3 - One pie portion for each percentage/dollar amount of the total budget.
Values:
- State Plans 23(g) Share = 37% ($89.7 Million)
- State Plans 21(d) Share = 9% ($23.4 Million)
- State Funds = 54% ($130.4 Million)
Total = $243,497,661
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