North Dakota — Workplace Safety

North Dakota does not operate an OSHA-approved state plan. Federal OSHA has jurisdiction over most private sector employers and workers in the state. State and local government workers are not covered by federal OSHA and have no OSHA protection in North Dakota, since the state has not adopted a plan covering public-sector employees.

Source: OSHA State Plans

North Dakota operates an exclusive state workers' compensation fund administered by Workforce Safety & Insurance (WSI). North Dakota law requires nearly all employers operating in the state to secure coverage through WSI; private workers' compensation insurance is not available. This makes North Dakota one of four monopolistic state fund jurisdictions in the United States.

Covered employers

N.D.C.C. Chapter 65-01 establishes that the following categories of employers must carry WSI coverage:

• The state and all political subdivisions
• All public and quasi-public corporations in North Dakota
• The legal representative of any deceased employer
• Multidistrict special education units
• Area career and technology centers
• Regional education associations

An employer has mandatory coverage obligations when employment results in "significant contacts" with North Dakota. According to WSI guidance, significant contacts exist when any one of the following applies: (1) any employee earns or expects to earn 25% or more of the employee's gross annual wage or income from that employer for services rendered within North Dakota; (2) 25% or more of the employer's gross annual payroll is payable to employees for services rendered in North Dakota; or (3) an employer hires an employee in North Dakota for work in North Dakota. Out-of-state employers meeting any of these thresholds must secure WSI coverage and report all North Dakota payroll.

Covered employees

North Dakota law requires employers to insure "all employees" under N.D.C.C. Title 65, which WSI interprets to include full-time, part-time, seasonal, and occasional workers. Coverage becomes effective on the first day of employment. Employers bear the full cost of premiums; N.D.C.C. Chapter 65-04 prohibits employers from deducting any portion of workers' compensation premium from employee wages.

Exemptions and optional coverage

N.D.C.C. § 65-01-02 lists categories of workers not automatically covered under the mandatory system. These include:

• An employer (business owners)
• Managers of a limited liability company
• Agricultural or domestic service workers
• Employees of common carriers by railroad
• Athletes participating in a contact sport (defined as "a team or individual competitive athletic activity that includes significant physical contact between the athletes involved")
• Individuals engaged in an illegal enterprise or occupation

The statute permits employers to elect optional coverage for themselves, their spouse, children under age 22, and other workers otherwise exempt from mandatory coverage. Coverage for business owners, spouses, partners, and corporate officers requires execution of an optional coverage agreement with WSI. The statute makes coverage mandatory for an employer's children age 22 and older who are employees.

Federal employees, including USPS delivery carriers and railroad workers covered by separate federal workers' compensation programs, cannot elect to purchase coverage through WSI.

Proof of coverage and posting requirement

WSI does not issue a traditional insurance policy. Instead, WSI issues a Certificate of Payment upon receipt of premium payment, which serves as the employer's proof of coverage. According to WSI guidance, North Dakota law requires employers to post the Certificate of Premium Payment in a conspicuous place where employees will see it, along with the WSI Fraud and Safety Hotline number (1-800-243-3331). WSI guidance indicates that failure to post the Certificate subjects the employer to a $250 penalty, though the specific penalty provision was not confirmed in the statutes reviewed.

Out-of-state employers and reciprocal agreements

Out-of-state employers whose workers' compensation carrier from their home state extends coverage into North Dakota must provide proof of that coverage, unless the home state has a reciprocal agreement with WSI. According to WSI, reciprocal agreements exist with Idaho, Montana, Oregon, South Dakota, Utah, Washington, and Wyoming. However, even with a reciprocal agreement, if an out-of-state employer meets the 25% significant-contacts threshold described above, WSI coverage is required.

WSI's regulations permit limited coverage for North Dakota-based employees working outside the state for periods not exceeding 30 consecutive calendar days. For longer out-of-state assignments, employers must secure separate coverage, as WSI as a state agency cannot write coverage for exposure outside North Dakota.

Source: N.D.C.C. Title 65, Chapter 65-01 Source: N.D.C.C. Title 65, Chapter 65-04 Source: North Dakota Workforce Safety & Insurance FAQ

Federal OSHA’s Injury and Illness Recordkeeping regulation (29 CFR Part 1904) applies to most private-sector employers in North Dakota unless specifically exempted by the regulation's size or industry criteria.

1. Coverage and exemption — size and industry

• Employers with 10 or fewer employees in the entire company (not just North Dakota location) are exempt from routine OSHA injury and illness recordkeeping, unless otherwise instructed by OSHA or the Bureau of Labor Statistics (§ 1904.1(a)).
• Employers whose North American Industry Classification System (NAICS) codes are listed in Appendix A to Subpart B are exempt from routine recordkeeping (regardless of size), unless otherwise required (§ 1904.2).

2. Recordable injuries and illnesses — definition

• A work-related injury or illness is "recordable" if it results in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, loss of consciousness, or a significant diagnosed injury or illness. Detailed criteria are at § 1904.7.

3. Recordkeeping forms, posting, and retention

• Required Forms: Employers must use OSHA Form 300 (Log of Work-Related Injuries and Illnesses), Form 301 (Injury and Illness Incident Report), and Form 300A (Summary) or equivalent forms (§ 1904.29(a)).
• Timeliness: Each recordable case must be entered on the 300 Log and 301 Report within 7 calendar days of learning of the case (§ 1904.29(b)(3)).
• Posting: At the end of each calendar year, the summary Form 300A must be prepared, certified by a company executive, and posted in a conspicuous workplace location from February 1 through April 30 (§ 1904.32(a)–(b)).
• Retention: Employers must retain OSHA Forms 300, 300A, and 301 for 5 years from the end of the calendar year to which they relate (§ 1904.33).

4. Employee access and use of electronic systems

• Employees, former employees, and their representatives have the right to access these records upon request (§ 1904.35). Electronic recordkeeping systems may be used, but must be able to produce equivalent information and records as the paper forms (§ 1904.29(b)(5)).

5. Reporting fatalities, hospitalizations, amputations, and eye losses

• Employers must report to OSHA within 8 hours any work-related fatality. The requirement applies if the death occurs within 30 days of the work-related incident (§ 1904.39(b)(6)).
• Employers must report to OSHA within 24 hours any employee in-patient hospitalization, amputation, or eye loss. This obligation applies only if the hospitalization, amputation, or eye loss occurs within 24 hours of the incident (§ 1904.39(b)(6)).
• Reports may be made via the nearest OSHA Area Office, OSHA’s 24-hour hotline (1-800-321-OSHA), or OSHA’s online reporting application (§ 1904.39(a)(3)). Required details are specified in § 1904.39(b)(2).

6. Special enforcement policy for COVID‑19 cases (2026 enforcement discretion)

• In a March 31, 2026 policy memorandum, OSHA announced that for COVID‑19 cases (including hospitalizations, fatalities, or other recordable illnesses), OSHA will exercise enforcement discretion. Employers are not required to record or report most COVID‑19 cases under Part 1904, consistent with exceptions for the common cold and flu (see 29 CFR § 1904.5(b)(2)(viii)), unless otherwise instructed by OSHA for workplace outbreaks or special investigations.
• This does not change the regulatory text but will affect OSHA’s citation and enforcement practice prospectively for COVID‑19 cases in North Dakota and nationwide.

7. No North Dakota state-plan overlay

• North Dakota does not operate an OSHA-approved state plan; all recordkeeping and reporting obligations are governed by the federal OSHA rules.

Source: 29 CFR § 1904.1 Source: 29 CFR § 1904.2 Source: 29 CFR § 1904.7 Source: 29 CFR § 1904.29 Source: 29 CFR § 1904.32 Source: 29 CFR § 1904.33 Source: 29 CFR § 1904.35 Source: 29 CFR § 1904.39 Source: OSHA State Plan FAQ Source: OSHA March 31, 2026 Standard Interpretation Memo

North Dakota requires every employer to file a "first report of injury" with Workforce Safety & Insurance (WSI) within seven days of being notified by an employee (or employee’s representative) of a work injury or occupational disease. This requirement is stated in N.D.C.C. § 65-05-01.4(1). Timely reporting is mandatory, whether the employer believes the claim will be covered or not.

Form and filing mechanics: By regulation, the report must be filed using the WSI First Report of Injury form—available in both electronic and paper versions. NDAC § 92-01-02-02.3 allows employers to submit the report by any method approved by WSI, but for most employers, online electronic submission is standard practice. The regulation also clarifies that the time for filing is calculated using calendar days, and WSI may prescribe special mechanics for timing if electronic systems are unavailable.

Required contents: The statute and regulation specify the following data must be included: employee’s name, address, occupation; employer’s name and business; full details of the event (time, place, cause, and nature of the injury or disease); any witnesses; treating health care provider and facility; and details on employee’s wages and work schedule. (See N.D.C.C. § 65-05-01.4(2); NDAC § 92-01-02-02.3.)

Consequence for late or missed reporting: If an employer fails to file the first report within the seven-day window, North Dakota law presumes the injury or occupational disease is compensable (work-related) unless the employer later proves otherwise. This "admission of compensability" is the main statutory consequence (N.D.C.C. § 65-05-01.4(4)).

A review of both Title 65 statutes and published regulations reveals no modern provision imposing a separate monetary penalty on employers for late or non-filing of the WSI First Report of Injury, as of 2026-06-16.

WSI duty of employee notification: If WSI receives a first report from the employer and the employee has not yet filed a claim, the agency is required to notify the employee of their rights and claim-filing requirements under N.D.C.C. § 65-05-01.5.

Source: N.D.C.C. § 65-05-01.4 Source: N.D.C.C. § 65-05-01.5 Source: NDAC § 92-01-02-02.3

North Dakota employers must post certain workplace safety and labor notices in plainly visible locations accessible to employees. There are distinct federal and state-level requirements:

1. Federal OSHA "Job Safety and Health: It’s the Law" poster All private employers in North Dakota subject to OSHA must display the official OSHA Job Safety and Health poster. This poster informs employees of their rights under the Occupational Safety and Health Act, including the right to a safe workplace, to report hazards, and to review records of work-related injuries and illnesses. North Dakota is not a state-plan state, so the federal version is required. There is no state-specific OSHA-equivalent safety poster; use only the federal version (English or Spanish).

• Required for: All private employers within federal OSHA jurisdiction; not required for public sector employers in ND (who are not OSHA-covered).
• Poster source and updates: The official, most current version is available on osha.gov. (Revision effective date shown on the bottom of the poster; current version as of 2024.)

Source: OSHA Poster Requirement

2. WSI (Workforce Safety & Insurance) postings — Certificate of Premium Payment and Important Notice to Employees Employers with North Dakota WSI workers' compensation coverage are required to post both:

• The WSI Certificate of Premium Payment (proof of coverage)
• The "Important Notice to Employees" poster describing how to report workplace injuries or file claims

These must be displayed "in a conspicuous place" accessible to all employees. Failure to post may result in administrative penalty per WSI guidance.

• Required for: All employers with WSI coverage (virtually all ND employers except specific exemptions; see NDCC Tit. 65 and WSI Employer’s Guide)
• Poster titles and sources: Both documents are available on the WSI and ND Department of Labor websites; verify the most recent revision date when posting.

Source: WSI Employer’s Guide – Posting Requirements

3. Additional Required State and Federal Labor Law Posters According to the North Dakota Department of Labor and Human Rights, all employers must also display the following, unless specifically exempted by law (for example, FMLA and Polygraph posters are required only if the law applies to your workplace):

• "Minimum Wage & Work Conditions Summary" poster (ND DOL)
• "Job Service North Dakota Unemployment Insurance" notice
• "Minimum Wage" (FLSA, U.S. DOL WHD)
• "Employee Polygraph Protection Act" (U.S. DOL WHD), if applicable
• "Family and Medical Leave Act" (U.S. DOL WHD), if applicable
• "Equal Employment Opportunity is THE LAW" (EEOC)
• "Uniformed Services Employment and Reemployment Rights Act" (USERRA, U.S. DOL VETS)

Official poster titles, current revision dates, and downloadable PDFs are available at the ND Department of Labor employment poster portal.

• Required for: Most employers, with some exceptions based on size, industry, or federal coverage. The ND DOL site lists exemptions and clarifies when each poster is not required (see portal for details).

Source: ND DOL Employer Posters – list and official versions

Display guidance: Post all required notices in a "conspicuous place" (break room, near time clock, etc.) where employees readily see them. Review annually to ensure posters reflect the latest effective version; most official posters have a revision/effective date on the form.

Source: ND DOL Employer Posters – conspicuous posting requirement

North Dakota law does not impose a mandatory duty on employers to create or offer light-duty, transitional, or alternative work positions for employees who are recovering from work-related injuries and receiving workers’ compensation benefits through Workforce Safety & Insurance (WSI).

No statutory mandate for light duty or return-to-work

• North Dakota’s workers’ compensation statutes (N.D.C.C. Title 65) do not require employers to create or offer light-duty assignments, modified work, or transitional roles as a condition of participation in the WSI system.
• Employers may voluntarily offer such roles, but there is no state law or WSI regulation compelling them to do so at this time.

WSI incentives for return-to-work

• While WSI operates several incentive programs (especially for preferred-risk and safety-conscious employers) that may provide reimbursement or assistance for offering modified work or encouraging return-to-work, participation in these programs is optional, not mandatory, for employers. (See the WSI website for program details).

Consequences for non-offer

• Because the law does not require light-duty or transitional work, there are no state-imposed penalties, sanctions, or adverse claims consequences against employers who decline to offer such positions. If an injured worker has partial or temporary work capacity and the employer does not provide suitable alternative work, wage-loss benefits (temporary partial or total disability) typically continue as determined by WSI under N.D.C.C. § 65-05-08. The amount and duration of wage-loss benefits are defined by statute and regulation.

Employee’s obligation to accept offered work

• If an employer does offer an injured worker "suitable employment" consistent with their work restrictions, the employee risks suspension or cessation of wage-loss benefits if he or she refuses the offer without good cause, per N.D.C.C. § 65-05-08(7).

Summary

• There is no legal requirement for North Dakota employers to proactively provide return-to-work roles, but voluntary accommodations may affect the continuation of wage-loss benefits for injured workers.

Source: N.D.C.C. § 65-05-08