United States — Workplace Safety

The Occupational Safety and Health Act of 1970 (OSH Act) declares Congress's purpose "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions." The Act created the Occupational Safety and Health Administration (OSHA) within the Department of Labor and authorized the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce.

Under 29 U.S.C. § 652(5), an "employer" is "a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State." Coverage thus extends to most private-sector employers with at least one employee. The Act excludes self-employed persons and workplaces already regulated by other federal agencies under statutes specifically addressing occupational safety and health (for example, the Mine Safety and Health Act or the Atomic Energy Act).

Source: 29 U.S.C. § 651; 29 U.S.C. § 652

Section 5(a)(1) of the OSH Act, codified at 29 U.S.C. § 654(a)(1), requires each employer to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." Known as the General Duty Clause, this provision functions strictly as a catch-all enforcement mechanism only when no specific OSHA standard addresses a particular workplace hazard.

OSHA's Field Operations Manual states: "Section 5(a)(1) ... cannot be cited if an OSHA standard applies to the hazardous working condition or practice." The 2003 Letter of Interpretation reiterates: "The General Duty Clause is used only where there is no standard that applies to the particular hazard." This constraint is codified at 29 C.F.R. § 1910.5(f): "An employer who is in compliance with any standard in this part shall be deemed to be in compliance with the requirement of section 5(a)(1) ... to the extent such standard applies to the condition, practice, means, method, operation, or process covered by the standard."

To establish a violation of the General Duty Clause, OSHA must show: (1) the employer failed to keep the workplace free of a hazard, (2) the hazard was recognized, (3) it was causing or likely to cause death or serious physical harm, and (4) there was a feasible and useful method to correct it. OSHA applies the clause to hazards like heat illness, workplace violence, or ergonomics—specifically where no OSHA standard directly applies.

Source: OSHA Field Operations Manual, Chapter 4; OSHA Letter of Interpretation, Dec. 18, 2003; 29 C.F.R. § 1910.5(f)

As of June 2026, 22 states and U.S. territories operate OSHA-approved State Plans that exercise primary enforcement authority over private-sector workplaces. In these states, the state plan agency—rather than federal OSHA—handles workplace safety inspections, citations, and enforcement. Employers in State Plan jurisdictions must comply with state occupational safety and health standards, which must be at least as effective as federal standards under OSH Act Section 18(c), but may differ in how standards are enforced or supplemented.

States and territories with OSHA-approved State Plans covering both private and state/local government workers as of June 2026:

• 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.

Jurisdictions with plans covering only state and local government workplaces as of June 2026 (private sector remains under federal OSHA):

• Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York. (Note: The U.S. Virgin Islands did not have an approved plan as of June 2026.)

Legal Structure and Employer Implications:

Under Section 18 of the OSH Act, a state may submit a "State Plan" for occupational safety and health enforcement. Once a plan receives initial OSHA approval, the state agency shares enforcement with federal OSHA. Upon final approval under Section 18(e), federal OSHA relinquishes most enforcement authority for standards covered by the plan; the state assumes primary enforcement, but OSHA retains oversight and whistleblower jurisdiction under Section 11(c).

Employers in state plan jurisdictions must:

• Comply with their state's occupational safety and health rules in lieu of federal requirements, unless the state standard is missing—in which case federal OSHA may still enforce (for unapproved hazards or sectors).
• Understand that inspection, citation, contest, and penalty procedures may differ from federal OSHA, but must be at least as protective.
• Continue to observe federal whistleblower protections and reporting for retaliation complaints even in state plan states.

Because State Plan approvals and coverage sometimes change, always consult the OSHA State Plans program page for the latest list before acting on jurisdiction.

Source: OSHA State Plans FAQ; OSHA State Plans Directory; OSH Act Section 18; OSH Act full text

Federal OSHA does not itself cover state or local government employees—such as those employed by state agencies, counties, or municipalities—under its direct enforcement authority. The Occupational Safety and Health Act of 1970 (OSH Act) at 29 U.S.C. § 652(5) defines “employer” and specifically excludes “any State or political subdivision of a State.” By statute, state and local public-sector workers fall outside the federal OSHA enforcement framework.

However, Section 18 of the OSH Act (29 U.S.C. § 667(c)(6)) authorizes states to apply for approval to run their own occupational safety and health program—a State Plan. A State Plan must, to the extent permitted by state law, extend coverage to employees of state and local governments with a program "at least as effective as" the coverage for private sector workers. This is not purely discretionary: OSHA will not approve a State Plan unless it can demonstrate public-sector employee coverage where state law allows.

As of June 2024, OSHA officially lists:

• 22 states and territories operating comprehensive OSHA-approved State Plans covering both private sector and state/local government employees, and
• 6 states plus the U.S. Virgin Islands with State Plans that cover only state and local government workers (private sector workplaces in those jurisdictions remain under direct federal OSHA).

In the remaining states, public-sector employees are not covered by either federal OSHA or any OSHA-approved State Plan. Only private-sector employees fall under federal OSHA standards and enforcement in those states.

Source: 29 U.S.C. § 652(5) (definitions, excluding governments) Source: 29 U.S.C. § 667(c)(6) (State Plan—public agency coverage requirement) Source: OSHA State Plans FAQ Source: OSHA Directive CSP 01-05-001

OSHA’s recordkeeping and reporting rules for work-related injuries and illnesses are primarily governed by 29 C.F.R. Part 1904. These rules generally apply to private-sector employers with more than 10 employees, with narrow exemptions for certain low-hazard industries (per Appendix A to Subpart B) and for employers with 10 or fewer employees, subject to required reporting of severe incidents (see §§ 1904.1, 1904.2, 1904.39).

Recordkeeping Requirements:

• Non-exempt employers must record qualifying work-related injuries or illnesses on OSHA Form 300 (Log) within 7 calendar days of knowledge (§ 1904.29(b)(3)).
• Form 301 (or equivalent incident report) must be completed for each recordable case (§ 1904.29(b)(2)).
• Form 300A (annual summary) must be posted at the worksite from February 1 to April 30 (§ 1904.32).
• All logs, summaries, and reports must be retained for 5 years (§ 1904.33) and available for inspection (§§ 1904.35, 1904.40).

Electronic Submission Requirements (effective 2024):

• Establishments with 250 or more employees are required to submit Form 300A electronically by March 2 each year. These employers must also maintain (but not submit) Forms 300 and 301 on-site (§ 1904.41(a)(2)).
• Establishments with 20-249 employees in certain high-hazard industries must also submit Form 300A annually (§ 1904.41(a)(1)).
• Material Change for 2024: Beginning with the 2023 reporting year (due March 2, 2024), establishments with 100 or more employees in designated high-hazard industries must now electronically submit data from Forms 300 and 301 in addition to Form 300A. The list of covered industries appears in Appendix B to Subpart E. This change expands electronic submission beyond summary-level reporting and increases the reporting population. (§ 1904.41(a)(3)); [OSHA Final Rule 88 FR 43830 (July 21, 2023)].

Reporting Severe Injuries/Fatalities:

• All employers, even if exempt from other recordkeeping, must report a work-related fatality within 8 hours, and any inpatient hospitalization, amputation, or eye loss within 24 hours (§ 1904.39(a)). Reporting can be made by phone or OSHA’s online form.

Public-sector and State Plan Employers: Recordkeeping and reporting requirements for state and local government employers apply only if the state has an OSHA-approved State Plan (see § 1904.3).

Material Change Note: As of March 2024, OSHA expanded its electronic reporting requirements: establishments with 100+ employees in certain high-hazard industries must now electronically submit data from Forms 300 and 301, in addition to Form 300A. This is a change from the prior rule (which required only 300A submission for large establishments), reflecting amendments to 29 C.F.R. § 1904.41.

Source: 29 C.F.R. Part 1904 Source: OSHA Recordkeeping Final Rule (2023) Source: OSHA Injury and Illness Recordkeeping and Reporting Requirements