Federal OSHA vs State OSHA Plans: What Employers Need to Know

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.

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

Key Differences

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.

Who Must Comply with 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

Common 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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