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 its 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.
The Occupational Safety and Health State Plan Association (OSHSPA) 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 has 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 about 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, because some of the most hazardous workplaces are in the public sector:
firefighting, emergency response, corrections, law enforcement, publicly funded health care
facilities and transportation. With 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 regarding 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
(Three states and one territory — private-sector coverage provided by
federal OSHA) |
 |
Connecticut
New Jersey
New York
Virgin Islands |
|
States Covered by Federal OSHA,
private-sector only
(29 states, one territory 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 2004, state programs received $91.9 million in 23(g) and $24.5 million in
21(d) funding from the Occupational Safety and Health Administration’s total budget of $457.5
million. The states are required to provide at least 50 percent of the total funds for a 23(g)
compliance program and at least 10 percent for a 21(d) consultation 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 2004, state and territorial funds of $129.7 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.
Fiscal-year 2004 total federal OSHA budget
Text version of chart:
Title: Fiscal-year 2004 total federal OSHA budget
Type: Pie Chart
Chart Elements: 3 - One segment for each percentage/dollar amount of the total budget.
Values:
- Federal OSHA = 75% ($341.1 million)
- State Plans 23(g) = 20% ($91.9 million)
- State Plans 21(d) = 5% ($21.5 million)
Total = $457,540,000
Fiscal-year 2004 total state-plans budget
Text version of chart:
Title: Fiscal-year 2004 total state-plans budget
Type: Pie Chart
Chart Elements: 3 - One segment for each percentage/dollar amount of the total budget.
Values:
- Overmatching contribution = 28% ($37.7 million)
- 23(g) matching = 69% ($91.9 Million)
- 21(d) share = 3% ($2.7 Million)
Total = $132,390,000
Fiscal-year 2004 OSHSPA inspection data
Quantity of on-site visits
Text version of chart:
Title: Quantity of on-site visits
Type: Horizontal Bar Graph
Chart Elements: 2 - One bar for each on-site visit type showing the number of visits.
Values:
- Compliance = 57,866
- Consultation = 28,699
Compliance inspections conducted
Text version of chart:
Title: Compliance inspections conducted
Type: Horizontal Bar Graph
Chart Elements: 2 - One bar for each inspection visit type showing the number of inspections.
Values:
- Safety = 45,157
- Health = 12,709
Type of inspections conducted
Text version of chart:
Title: Type of inspections conducted
Type: Horizontal Bar Graph
Chart Elements: 6 - One bar for each inspection visit type showing the number of inspections.
Values:
- Scheduled = 34,116
- Complaint = 10,839
- Accident = 3,610
- Referral = 3,824
- Follow-up = 2,582
- Other = 2,895
- Total = 57,866
Fiscal-year 2004 OSHSPA inspection data
Inspection results
| Number of inspections with violations cited |
35,539 |
| Average number of violations per inspection |
2.2 |
| Percentage of inspections with no violations |
38.6% |
| Total penalties assessed |
$74,058,959 |
| Average penalty per serious violation |
$885.70 |
| Total number of contested cases |
5,164 |
| Percentage of inspections with citations contested |
13.4% |
|
Quantity of state-plan positions
| Safety compliance |
787 |
| Health compliance |
490 |
| |
|
| Safety consultants |
209 |
| Health consultants |
136 |
|
Employers and employees covered by state plans
| Total employers covered |
Not available |
| Private sector |
2,945,000 |
| Public sector |
Not available |
| |
|
| Total employers covered |
55,204,000 |
| Private sector |
44,900,000 |
| Public sector |
10,304,000 |
|
Next Section: Workplace security: safeguarding the workplace»
|
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