Let me explain something that trips up more employers than I can count — including employers who should absolutely know better.
There is no single "OSHA" in this country. There are, effectively, 29 different OSHAs. And the rules you must follow depend entirely on where your employees physically work. Not where your headquarters is. Not where you're incorporated. Where the work happens.
Get this wrong and you're either over-complying (wasting money), under-complying (exposing yourself to liability), or — the most common scenario — complying with the wrong jurisdiction's rules entirely.
So let's sort this out.
The Two-Track System
The Occupational Safety and Health Act of 1970 created Federal OSHA under the Department of Labor. But the law also included a provision — Section 18 — that allows individual states to run their own occupational safety and health programs, as long as those programs are "at least as effective" as Federal OSHA.
This created two tracks:
**Track 1: Federal OSHA states.** Federal OSHA directly enforces workplace safety standards. These states did not create their own programs.
**Track 2: State Plan states.** These states operate their own OSHA programs with their own standards, their own inspectors, their own citation process, and their own penalty structures. Federal OSHA monitors these programs but does not directly enforce in these states for covered employers.
And then there's a third wrinkle that makes it even more interesting:
**Track 2a: State Plans covering private AND public sector.** Full state plans that cover everyone.
**Track 2b: State Plans covering public sector ONLY.** These states run their own program for state and local government employees but defer to Federal OSHA for private sector enforcement.
The Complete State Map
Here's every state and territory, sorted by jurisdiction type. Pin this to your wall if you operate in more than one state.
Federal OSHA States (Private and Public Sector)
These 24 states plus DC have no approved state plan. Federal OSHA enforces directly:
| State | Notes |
|-------|-------|
| Alabama | Federal OSHA only |
| Arkansas | Federal OSHA only |
| Colorado | Federal OSHA only |
| Connecticut | Public sector state plan ONLY (see below) |
| Delaware | Federal OSHA only |
| Florida | Federal OSHA only |
| Georgia | Federal OSHA only |
| Idaho | Federal OSHA only |
| Illinois | Public sector state plan ONLY (see below) |
| Kansas | Federal OSHA only |
| Louisiana | Federal OSHA only |
| Maine | Public sector state plan ONLY (see below) |
| Massachusetts | Federal OSHA only |
| Mississippi | Federal OSHA only |
| Missouri | Federal OSHA only |
| Montana | Federal OSHA only |
| Nebraska | Federal OSHA only |
| New Hampshire | Federal OSHA only |
| New Jersey | Public sector state plan ONLY (see below) |
| New York | Public sector state plan ONLY (see below) |
| North Dakota | Federal OSHA only |
| Ohio | Federal OSHA only |
| Oklahoma | Federal OSHA only |
| Pennsylvania | Federal OSHA only |
| Rhode Island | Federal OSHA only |
| South Dakota | Federal OSHA only |
| Texas | Federal OSHA only |
| West Virginia | Federal OSHA only |
| Wisconsin | Federal OSHA only |
| District of Columbia | Federal OSHA only |
Full State Plan States (Private and Public Sector)
These 22 states operate their own complete OSHA programs covering all employers:
| State | Administering Agency | Key Differences from Federal |
|-------|---------------------|------------------------------|
| Alaska | AK OSH | Largely mirrors federal standards |
| Arizona | ADOSH (Industrial Commission) | Some stricter heat standards |
| California | Cal/OSHA (DIR) | Significantly stricter. IIPP, heat illness, workplace violence, aerosol transmissible diseases |
| Hawaii | HIOSH | Largely mirrors federal; some stricter noise standards |
| Indiana | IOSHA | Largely mirrors federal |
| Iowa | Iowa OSHA | Largely mirrors federal |
| Kentucky | KY OSH | Largely mirrors federal |
| Maryland | MOSH | Largely mirrors federal; some unique construction standards |
| Michigan | MIOSHA | Some stricter standards including Part 380 (ergonomics-related) |
| Minnesota | MNOSHA | Some stricter standards including workplace violence for healthcare |
| Nevada | NV OSHA | Some stricter standards; unique penalty calculations |
| New Mexico | NM OSH | Largely mirrors federal |
| North Carolina | NC OSH | Largely mirrors federal |
| Oregon | Oregon OSHA | Significantly stricter. Heat illness, wildfire smoke, infectious disease |
| South Carolina | SC OSHA | Largely mirrors federal |
| Tennessee | TOSHA | Largely mirrors federal |
| Utah | UOSH | Largely mirrors federal |
| Vermont | VOSHA | Largely mirrors federal |
| Virginia | VOSH | Some stricter standards including permanent COVID standard (now modified) |
| Washington | DOSH (L&I) | Significantly stricter. Ergonomics, heat, wildfire smoke, chemical exposure |
| Wyoming | WY OSHA | Largely mirrors federal |
Public Sector Only State Plans
These 6 states run state programs ONLY for state and local government workers. Private sector employers in these states fall under Federal OSHA:
| State | What This Means |
|-------|----------------|
| Connecticut | Private: Federal OSHA. State/local gov: CT state plan. |
| Illinois | Private: Federal OSHA. State/local gov: IL state plan. |
| Maine | Private: Federal OSHA. State/local gov: ME state plan. |
| New Jersey | Private: Federal OSHA. State/local gov: NJ state plan (PEOSH). |
| New York | Private: Federal OSHA. State/local gov: NY state plan (PESH). |
| Virgin Islands | Private: Federal OSHA. Territorial gov: VI state plan. |
Why This Matters: Real Differences That Cost Real Money
If you think state plans just rubber-stamp federal standards, you're dangerously wrong. Some states have standards that are dramatically stricter than federal OSHA. Here are the biggest divergences:
California (Cal/OSHA)
California is, without question, the most aggressive state plan in the country. Standards that exist in California but have no federal equivalent:
- **IIPP (Injury and Illness Prevention Program):** Required since 1991. No federal equivalent exists.
- **SB 553 (Workplace Violence Prevention):** Required for all employers since July 2024. Federal OSHA has a healthcare-focused rule in development but nothing this broad.
- **Heat Illness Prevention (outdoor):** In effect since 2006. Federal OSHA's heat rule has been in rulemaking limbo for years.
- **Indoor Heat Illness Prevention:** Proposed and moving toward adoption. Federal has nothing.
- **Aerosol Transmissible Diseases (ATD):** Required for healthcare and related industries. Far more detailed than federal standards.
- **Ergonomics:** Cal/OSHA has repetitive motion injury standards. Federal OSHA withdrew its ergonomics standard in 2001.
**Penalty multiplier:** Cal/OSHA penalties can be significantly higher than federal maximums.
Oregon (Oregon OSHA)
- **Heat Illness Prevention:** Comprehensive rule adopted 2022. Covers outdoor and indoor workers.
- **Wildfire Smoke:** Specific standards for worker protection during wildfire smoke events.
- **Infectious Disease (temporary):** Enacted during COVID; portions remain.
Washington (DOSH)
- **Ergonomics:** Washington has enforceable ergonomics rules. Federal OSHA does not.
- **Heat Illness Prevention:** Rules for outdoor and indoor heat exposure.
- **Wildfire Smoke:** Specific standards with AQI-triggered requirements.
- **Chemical exposure limits:** Many Washington PELs are stricter than federal PELs.
Minnesota (MNOSHA)
- **Workplace Violence Prevention for Healthcare:** Required program specific to healthcare settings.
- **Employee Right to Know:** More expansive than federal HazCom in some areas.
Virginia (VOSH)
- **Infectious Disease Standard:** Originally enacted as a COVID-specific permanent standard. First state to do so.
The Multi-State Employer Problem
If you operate in more than one state, this is where things get complicated. Here's the framework:
Rule 1: Location of Work Governs
The rules that apply are determined by where the employee physically performs work. Your headquarters location is irrelevant.
- Employee works in California → Cal/OSHA rules apply
- Employee works in Texas → Federal OSHA rules apply
- Employee works in Oregon → Oregon OSHA rules apply
Rule 2: The "At Least As Effective" Floor
State plans must be "at least as effective" as federal OSHA. This means:
- Every federal OSHA standard is the **minimum** in every state
- State plan states can only be **more** protective, never less
- If a state plan doesn't have a specific standard, the federal standard still applies as the baseline
Rule 3: When Employees Travel
For employees who travel between states:
- Apply the rules of wherever they're working that day
- For short-term travel (conferences, meetings), this gets practical: apply a reasonable standard
- For project-based travel (construction workers deployed to different states), apply the rules of the project location
Rule 4: Remote Workers
Remote workers are covered by the rules of their physical location. An employee working from home in California is subject to Cal/OSHA, even if the company is headquartered in Florida.
Multi-State Compliance Checklist
If you operate in multiple states, here's your practical compliance framework:
Step 1: Map Your Footprint
- [ ] List every state where employees physically work
- [ ] Classify each state (Federal OSHA, Full State Plan, Public-Sector-Only State Plan)
- [ ] Identify states with standards stricter than federal
Step 2: Identify Divergent Requirements
For each state plan state where you have employees:
- [ ] Check for state-specific written program requirements (IIPP, WVPP, heat illness)
- [ ] Compare state PELs against federal PELs for chemicals your employees handle
- [ ] Identify state-specific training requirements and frequencies
- [ ] Check state-specific reporting requirements (some states require faster reporting than federal)
- [ ] Review state-specific recordkeeping requirements
Step 3: Build Your Compliance Architecture
You have two approaches:
**Option A: Highest Common Denominator.** Build one program that meets the strictest state's requirements and apply it everywhere. This is simpler to manage but may impose unnecessary costs in less-regulated states.
**Option B: State-Specific Programs.** Build base programs to federal standards and add state-specific supplements. This is more work to maintain but more cost-efficient.
For most multi-state employers, I recommend **Option A with targeted exceptions.** Build to the strictest standard you face, then carve out specific exceptions where a requirement truly doesn't apply in a given state.
Step 4: Monitor for Changes
State plans change their standards regularly. You need a system to track:
- [ ] Proposed rulemaking in every state where you operate
- [ ] Final rule adoptions and effective dates
- [ ] Enforcement policy changes
- [ ] Penalty schedule updates
Step 5: Reporting Requirements by Jurisdiction
This is a common gotcha. Federal OSHA requires:
- **Fatality:** Report within 8 hours
- **In-patient hospitalization, amputation, or loss of an eye:** Report within 24 hours
Some states have faster or broader requirements:
- **California:** All serious injuries and illnesses must be reported within 8 hours (not just fatalities)
- **Oregon:** Fatalities within 8 hours, all others within 24 hours, plus specific environmental incidents
- **Washington:** Fatalities within 8 hours, hospitalizations/amputations/eye loss within 24 hours, but with additional detailed requirements
Know the reporting window for every state where you operate. Getting this wrong can be a separate, standalone citation.
Inspection Differences
When you get inspected, the process varies by jurisdiction:
| Factor | Federal OSHA | State Plans (varies) |
|--------|-------------|---------------------|
| Inspector credentials | Federal compliance officers | State employees (titles vary) |
| Warrant requirement | Required (or employer consent) | Same, but some states more aggressive about administrative warrants |
| Citation timeline | 6 months from violation discovery | Varies; some states longer |
| Contest process | OSHRC (federal) | State review boards/commissions |
| Penalty ranges | Published federal maximums | Vary by state; some higher, some comparable |
| Informal conference | Available | Available in most states; procedures vary |
The Practical Takeaway
Know your jurisdiction. Know it cold. When someone says "OSHA requires X," your first question should always be: "Which OSHA?"
Federal OSHA is the floor. If you're in a state plan state — especially California, Oregon, or Washington — the ceiling is considerably higher. And if you're operating in multiple states, you need a compliance architecture that accounts for every jurisdiction where your employees work.
This isn't academic. This is the difference between a clean inspection and a five-figure citation.
Know your jurisdiction.