Occupational safety International framework and country guides
What is the main occupational safety and health law in the United States and who enforces it?
Part of: Occupational safety and health in United States: law, authorities and employer duties
Short answer
The main law is the Occupational Safety and Health Act of 1970. OSHA, part of the Department of Labor, enforces it directly or through State Plans approved by OSHA, which cover 21 states and Puerto Rico for all workers and seven more jurisdictions for public employees only.
The main law is the Occupational Safety and Health Act of 1970 (OSH Act). It is enforced by the Occupational Safety and Health Administration (OSHA) in the US Department of Labor, or, where OSHA has approved one, by a State Plan run by the state government.
Short answer
- Law: OSH Act, Public Law 91-596, enacted 29 December 1970, codified at 29 USC 651 onwards. The detailed rules are the OSHA standards in Title 29 of the Code of Federal Regulations (CFR): Part 1910 general industry, Part 1926 construction, Part 1904 recordkeeping, plus maritime and agriculture parts.
- Federal enforcer: OSHA, headed by the Assistant Secretary of Labor for Occupational Safety and Health.
- State enforcers: 22 State Plans (21 states and Puerto Rico) cover private and public employers; 7 more (Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York and the US Virgin Islands) cover only state and local government workers. Each must be "at least as effective" as OSHA.
- Not covered by the OSH Act: working conditions regulated by another federal agency under its own law (Section 4(b)(1)), for example mines under MSHA (Mine Safety and Health Administration); and state and local government workers in states without a State Plan.
- Supporting bodies: NIOSH does research and has no enforcement power; the independent OSHRC hears contested citations.
What the OSH Act requires
Section 5 of the Act sets the core duties. Under Section 5(a)(1), the General Duty Clause, each employer must provide employment and a place of employment free from recognised hazards that are causing or are likely to cause death or serious physical harm. Under Section 5(a)(2), the employer must comply with the OSHA standards. Under Section 5(b), each employee must comply with the standards, rules and orders that apply to their own actions.
The General Duty Clause matters because many hazards have no specific standard. OSHA uses it, for example, for combustible dust hazards not covered by a specific standard, where the hazard is recognised and is causing or likely to cause death or serious physical harm.
Who is covered and who enforces where
The Act defines an employer as a person in a business affecting commerce who has employees, and excludes the federal government (except the Postal Service) and the states and their political subdivisions. State and local government workers are therefore protected only where a State Plan covers them. The practical consequences for a company starting work in the US:
| Situation | Who enforces |
|---|---|
| Private employer in a state without a State Plan (for example Texas, Florida, Ohio) | Federal OSHA |
| Private employer in a State Plan state covering all workers (for example California, Washington, Michigan) | The state agency, under state standards |
| Private employer in a public-sector-only plan state (for example New York, New Jersey, Illinois) | Federal OSHA; the state covers only its public employees |
| State or local government employee in a state without a State Plan | Not covered by the OSH Act; any protection comes from state law |
| Mine or quarry | MSHA, under the Federal Mine Safety and Health Act of 1977 |
State Plan rules can differ from federal rules on reporting, written programmes, committees and some standards, so a contractor working across several states needs to check each one.
How enforcement works in practice
OSHA and State Plan inspectors carry out mostly unannounced inspections, prioritising imminent danger, severe injury reports, complaints and referrals, then targeted and follow-up inspections. Violations lead to citations with proposed civil penalties and abatement dates. The employer has 15 working days from receipt to contest a federal citation, and an informal conference with the area director does not extend that period; contests go to the Occupational Safety and Health Review Commission (OSHRC), an independent agency whose administrative law judges can affirm, change or cancel citations, with appeal to the federal courts.
Example: A Turkish contractor installing gas detection at a refinery in Louisiana works under federal OSHA, because Louisiana has no State Plan. The same crew moving to a refinery in California works under California's state standards, including California's written Injury and Illness Prevention Program requirement.
Common mistakes
- Thinking OSHA is the only enforcer. In State Plan states the state agency inspects and cites under its own standards.
- Assuming no standard means no duty. The General Duty Clause applies to recognised serious hazards that no standard covers.
- Treating NIOSH as a regulator. NIOSH advises and researches; OSHA and the State Plans enforce.
Related on excodex
- Occupational safety and health in United States: law, authorities and employer duties
- The US OSH Act, OSHA, the General Duty Clause and state plans
- What is an OSHA State Plan?
- Which workers are not covered by OSHA?
- What is the OSHA General Duty Clause?
Standards and further reading
- Occupational Safety and Health Act of 1970, Public Law 91-596: https://www.osha.gov/laws-regs/oshact/completeoshact
- OSH Act Section 5, duties: https://www.osha.gov/laws-regs/oshact/section5-duties
- OSHA State Plans: https://www.osha.gov/stateplans
- OSHA 3000, Employer Rights and Responsibilities Following a Federal OSHA Inspection: https://www.osha.gov/sites/default/files/publications/osha3000.pdf
This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.
More questions on this topic
- Must an employer in the United States appoint a safety professional or an occupational physician?
- Is a written risk assessment mandatory in the United States, and how often must it be reviewed?
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- What OSH training must employers provide to workers in the United States?
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- What are the penalties for breaking occupational safety rules in the United States?
- Is a safety committee or a worker safety representative required in the United States?
- How are explosive atmospheres and Ex equipment regulated in the United States?
Part of: Occupational safety and health in United States: law, authorities and employer duties