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.
Needlesticks
Attention nationwide is focused on incorporating into OSHA requirements the new technologies of
engineered sharps devices and systems without needles. Needlestick injuries are the primary mode of
transmission of bloodborne pathogens in the workplace. California was a
leader in passing a bloodborne pathogens standard to protect healthcare workers. Since California’s
breakthrough in July 1999, several state plan states passed legislation to strengthen their bloodborne
standards, including Alaska, Hawaii, Minnesota, and Tennessee.
Kentucky enforces the bloodborne standard in the construction industry, as
well as general industry. Outreach activities for reducing needlestick injuries have been developed by
Iowa, Michigan, New Jersey, New Mexico, and Puerto Rico.
Permit Requirements
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.
Crane Regulations
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. Puerto Rico requires crane inspectors to be licensed by its
Department of Labor and Human Resources.
Logging
Alaska, California, Minnesota, North Carolina, Oregon, Tennessee, Vermont, Virginia,
and Washington 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. The Washington
logging standard was adopted in a clear-rule writing style and updated to meet current industry needs.
Oregon recently adopted revisions to its Forest Activities
standard, which will become effective in October 2003. The new rules were made to include changes in
technology, outdated and obsolete rules were eliminated, and areas not previously addressed were
added.
Confined Space
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. Kentucky has had a confined space standard
since 1996. In 1978, Maryland adopted regulations that established safety standards for all types of
work in a confined space.
Right-to-Know
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. 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 nonionizing 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. Michigan covers piping
systems containing hazardous substances, and requires employers to post employee notices on where material
safety data sheets (MSDS) are kept.
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.
Maryland’s Access to Information about Hazardous and Toxic Substances law, adopted
in 1985, provides specific requirements for compiling a chemical information list, which they must submit to
the Department of the Environment.
Lead in Construction
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.
Fall Protection in Steel Erection
In addition to adopting the revised OSHA steel erection standard, Maryland
adopted additional fall protection requirements. Except for connectors and employees performing
leading edge work in a controlled decking zone, employees from 10 up to and including 15 feet in
height are required to have fall protection.
Petroleum
In 1980, Utah promulgated and adopted standards that cover all phases 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’s standard for electric power generation, transmission and
distribution requires two qualified line workers whenever energized lines and equipment are
involved. 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. Maryland’s
High Voltage Line Act, adopted in 1968, requires employers to work with owners of overhead power
lines to ensure the lines are effectively guarded.
Off-Highway Vehicles
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.
Indoor Firing Range
The New Jersey Public Employees Occupational safety and Health (PEOSH) Indoor
Firing Range Standard became effective in May 1989. The standard has requirements to protect employees
using and maintaining indoor firing ranges, and applies to indoor firing ranges operated by public employers.
The purpose is to reduce the potential for exposure to lead and high noise levels to shooters, range
officers and maintenance personnel.
Indoor Air Quality Standard
The New Jersey Public Employees Occupational Safety and Health (PEOSH) Indoor Air Quality standard
became effective in 1997. The main goal is to reduce health symptoms associated with poor indoor air
quality by increasing employer compliance with the standard’s provisions. Contributing to the
success of the standard is a strong educational component.
Cold Weather Shelter
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
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. California’s Targeted Industries Partnership Program (TIPP)
combines and coordinates resources from state, federal and local agencies to enforce labor laws
pertaining to immigrants and to educate employers and their employees.
For over 20 years North Carolina has been a leader in committing resources
to provide protection for agricultural workers. They conduct pre-occupancy inspections of migrant
housing, and enforce OSHA regulations. North Carolina adopted a field sanitation standard in 1983 that
covers all migrant and seasonal farm workers.
Oregon issues raised by OR-OSHA stakeholders during the 1999 growing season
precipitated changes to the agricultural labor housing regulations. Effective October 1, 2000, housing
operators are required to provide a mattress or pad, 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. Tents must be either
made of or treated with flame-retardant materials.
The 1999 Washington 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. They developed regulations that will improve housing conditions
for farm workers living in temporary on-farm housing during the harvest seasons. 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