Federal OSHA vs State OSHA Plans: What Employers Need to Know
Last updated: 2026-04-05 — ComplianceStack Editorial Team
OSHA enforcement in the United States is split between the federal OSHA agency and 29 states (plus Puerto Rico and the Virgin Islands) that operate their own OSHA-approved programs. State plans must be at least as effective as federal OSHA, and many are stricter.
Federal OSHA vs State OSHA Plans: Side-by-Side
| Dimension | Federal OSHA | State OSHA Plans |
|---|---|---|
| Coverage | Private sector employers in non-state-plan states | All employers (private + public sector) in those states |
| State coverage | Applies where no state plan exists | 29 states + DC + 2 territories have approved plans |
| Standards | Federal 29 CFR 1910/1926/1915 standards | State standards must be at least as effective; often stricter |
| Public employers | Federal OSHA does NOT cover state and local government employees | State plans cover public sector employees |
| Enforcement | Federal OSHA compliance officers | State-employed safety officers |
| Penalty limits | Up to $16,550/serious violation; $165,514/willful (2025 adjusted) | Varies — Cal/OSHA, WA L&I often issue higher penalties |
| Rulemaking | Federal rulemaking (notice and comment) | State must adopt federal rules within 6 months; can go beyond |
| Notable stricter states | N/A | California (Cal/OSHA), Washington, Oregon, Michigan, Hawaii |
| Construction | 29 CFR 1926 | State version of 1926, often with additional requirements |
| Complaint process | File at federal OSHA area office | File at state OSHA office in that state |
Who Needs Both?
- Companies operating in both state-plan and non-state-plan states
- Construction firms working on federal contracts in state-plan states
- Staffing agencies placing workers across multiple states
Key Differences Summarized
Federal OSHA sets the floor. State plans can be stricter — California's Cal/OSHA is notably aggressive, with separate standards for heat illness, indoor heat, lead, and others. Federal OSHA covers private sector only; state plans also cover government workers.
Frequently Asked Questions
Which states have their own OSHA plans?
29 states and 2 territories: AK, AZ, CA, HI, IN, IA, KY, MD, MI, MN, NV, NM, NC, OR, SC, TN, UT, VT, VA, WA, WY, plus Puerto Rico, Virgin Islands, and DC (DC covers public employees only).
Is Cal/OSHA stricter than federal OSHA?
Yes, significantly. California has additional standards for heat illness, indoor heat, lead, repetitive motion injuries, and COVID-19 that exceed federal requirements.
Who enforces OSHA on federal contractors?
Federal OSHA enforces standards on federal construction projects even in state-plan states, except California (Cal/OSHA has jurisdiction over all private sector work in CA regardless of federal contracts).
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