Federal OSHA and State Plans are different administrative systems
The Occupational Safety and Health Act allows states and U.S. territories to operate occupational safety and health programs approved and monitored by federal OSHA. An approved State Plan must be at least as effective as the federal program, but it can use state standards, procedures, enforcement practices, and services that differ in detail. Some approved plans cover most private-sector and state and local government workers. Other approved plans cover only state and local government workers while federal OSHA generally retains private-sector authority. States without approved plans generally begin with federal OSHA for private-sector workplaces, while state and local government workers are generally outside federal OSHA coverage. Federal OSHA also retains authority over areas listed on each plan page. These are high-level rules. Exact coverage depends on the employer, worker, activity, location, and current authority.
Use OSHA's index, plan page, FAQs, and the responsible state program
Begin at OSHA's State Plans index to see whether a state or territory has an approved plan. Open the individual plan page to review who is generally covered, which agency administers the plan, and where federal OSHA retains authority. Read OSHA's State Plan FAQs for the federal explanation of approval, monitoring, standards, coverage, and complaints. Then use the state program's current standards, directives, policies, consultation material, and official contacts for the issue at hand. For federal coverage, use current federal regulations, directives, and interpretations. Do not rely on a search snippet or an old summary. Record the source URL, authority, page title, review date, relevant scope, and any unresolved question. State Plan status can change, and topic-specific rules need their own source check.
Check your jurisdiction
Complete these checks for each employer and location; record unresolved coverage questions for the responsible authority.
- Identify the legal employer and each work location.
- Check whether the employer is private, state or local government.
- Open OSHA's State Plan index and the relevant plan page.
- Review the listed exclusions for your activity and workforce.
- Use the responsible program's current standards and reporting guidance.
- Record the authority and internal owner for each site.
How the ten launch states compare
California, Michigan and North Carolina have plans covering most private-sector and state and local government workers. New York and Illinois have public-sector-only plans. Texas, Florida, Pennsylvania, Ohio and Georgia have no OSHA-approved State Plan; Ohio has a separate public-employer program. Private-sector businesses in the latter seven states generally begin with federal OSHA, subject to jurisdictional exceptions.
Public-only plans, federal exclusions, and mixed worksites need care
New York and Illinois operate approved public-sector-only plans, so an unqualified statement that they are State Plan states can mislead private employers. Ohio has a separate public-employer framework but is not listed as an OSHA-approved State Plan; calling it one would be inaccurate. California, North Carolina, and Michigan have plans covering most private and public employment, with federal authority retained in areas described by the official pages. A private contractor at a public workplace does not automatically become a public employee. Federal agencies follow federal OSHA obligations, and other federal statutes or agencies may control specific industries. Temporary staffing and multi-employer worksites create separate employer-duty questions. State occupational safety jurisdiction does not decide workers' compensation, environmental, transportation, fire, building, professional licensing, or local permit questions.
An example to make it concrete
Illustrative example: A private business in New York generally starts with federal OSHA. A New York municipal employer starts with PESH. The same street address does not make the two employers subject to the same workplace safety program.
Record the authority for one site
Choose one location and record its legal employer, public or private status, work activity and official jurisdiction source. Resolve any exclusions before copying that decision to another site.