Last updated 2026-07-11

TL;DR
26 states and territories run their own OSHA-approved safety programs instead of, or alongside, federal OSHA. Check your state's status on OSHA's official State Plans page at osha.gov in under a minute. Every state plan must be at least as effective as federal OSHA, but many set stricter rules, lower penalty thresholds, and cover workers federal OSHA skips, including state and local government employees.
What is a state OSHA plan, and how is it different from federal OSHA?
A state OSHA plan is a state-run safety program that replaces federal OSHA for the employers it covers. The Occupational Safety and Health Act of 1970 created federal OSHA and set the national floor. Section 18 of that same law lets a state build and run its own program, as long as it stays "at least as effective" as the federal one [1]. Those five words come straight from the statute, and they carry weight: a state can't offer weaker protection, but it can go much further.
A state plan is not federal rules with a new logo on top. States write their own standards, run their own inspections, train their own compliance officers, and issue their own penalties. California's Cal/OSHA has heat illness rules for outdoor and indoor work that reach well past anything federal OSHA has issued. Oregon OSHA adopted a permanent workplace COVID-19 rule years before federal OSHA finalized anything. Washington's Department of Labor and Industries covers farm workers on terms that differ from federal coverage.
Here's what that means for you. If your state has a plan, you answer to that state agency, not a federal OSHA area office. Different phone number. Different inspector at your door. Sometimes different rules inside your written safety program. That's why your state's status is the first thing to pin down before you write a single line of policy.
For a broader look at how the agency works, see our guide on osha.
Which states have their own OSHA plans right now?
As of 2025, 22 states and territories run plans that cover both private-sector and state/local government workers, plus 6 states and territories run plans that cover only state and local government employees [2]. In those 6 partial-plan states, federal OSHA still enforces the standards for private-sector workers.
Here's the full breakdown:
| State/Territory | Plan Type | Agency Name |
|---|---|---|
| Alaska | Full (private + public) | AK Occupational Safety and Health |
| Arizona | Full | AZ Division of Occupational Safety and Health (ADOSH) |
| California | Full | Cal/OSHA |
| Hawaii | Full | HI Occupational Safety and Health Division |
| Indiana | Full | IN Occupational Safety and Health Administration |
| Iowa | Full | Iowa Division of Labor |
| Kentucky | Full | KY Labor Cabinet |
| Maryland | Full | MD Occupational Safety and Health (MOSH) |
| Michigan | Full | MI Occupational Safety and Health Administration (MIOSHA) |
| Minnesota | Full | MN Occupational Safety and Health (MNOSHA) |
| Nevada | Full | NV Division of Industrial Relations |
| New Mexico | Full | NM Occupational Health and Safety Bureau |
| North Carolina | Full | NC Department of Labor OSH Division |
| Oregon | Full | OR-OSHA |
| Puerto Rico | Full | PR Occupational Safety and Health Administration |
| South Carolina | Full | SC Department of Labor, Licensing and Regulation |
| Tennessee | Full | TN Occupational Safety and Health Administration (TOSHA) |
| Utah | Full | UT Labor Commission UOSH |
| Vermont | Full | VT Department of Labor |
| Virginia | Full | VA Department of Labor and Industry (DOLI) |
| Washington | Full | WA Department of Labor and Industries (L&I) |
| Wyoming | Full | WY Workers' Safety and Compensation Division |
| U.S. Virgin Islands | Full | USVI Department of Labor |
| Connecticut | Public sector only | CT Division of Occupational Safety and Health |
| Illinois | Public sector only | IL Department of Labor |
| Maine | Public sector only | ME Department of Labor |
| New Jersey | Public sector only | NJ Department of Labor |
| New York | Public sector only | NY Public Employee Safety and Health (PESH) |
If your state or territory isn't in this table, federal OSHA is your regulator. That covers Texas, Florida, Georgia, Ohio, Pennsylvania, and most of the Midwest and Southeast [2].
One note on geography. If you run locations in more than one state, you may answer to two different agencies. A trucking company with a terminal in Tennessee (TOSHA) and a terminal in Georgia (federal OSHA) has two separate compliance jobs, not one.
How do I check my state's OSHA plan status in under a minute?
Go to osha.gov, find the "State Plans" section under the Workers or Resources menu, or head straight to osha.gov/stateplans [2]. That page has a clickable map and a list of every state plan. Click your state and you'll see the name of the agency that runs it, a direct link to that agency's website, and contact details for the state plan office.
That's the authoritative source. OSHA updates it whenever a plan is approved, modified, or expanded. Don't treat a third-party summary as your final answer, including the table above, because plan scope shifts when a state files amendments and OSHA signs off.
Prefer the phone? Federal OSHA's main line is 1-800-321-OSHA (6742). Give them your state and ask whether it runs a plan. They'll confirm and hand you the state agency's contact.
For most people the osha.gov map is faster. Thirty seconds. Done.
Does a state OSHA plan cover all employers in that state?
Not always. A full state plan covers private-sector employers and state/local government employers inside the state. But federal OSHA holds onto certain employers and industries even inside a state-plan state.
Federal OSHA keeps authority over federal government employees everywhere, including in California and Washington. Maritime employers working under the Longshoring and Marine Terminals standards (29 CFR 1917 and 1918) usually stay under federal OSHA even in state-plan states, unless the state plan got specific approval to extend coverage to maritime [3]. Certain federal contractors fall in the same bucket.
The practical test is to check your state agency's website directly. Cal/OSHA, for one, publishes a detailed description of which employers fall under state jurisdiction versus federal. If you're in a state-plan state and you're not sure, call the state agency and ask. They'll tell you. It's a routine question and they field it constantly.
For most small businesses, retail, construction, manufacturing, restaurants, professional services, the rule is simple. If you're in a full state-plan state, that state agency is your regulator, full stop.
Are state OSHA rules stricter than federal OSHA rules?
Sometimes, and in a few areas, by a lot. The "at least as effective" standard lets a state treat the federal rules as a floor and build on top. Many do, especially where federal OSHA has been slow to finalize anything.
California pushes hardest. Cal/OSHA's heat illness standard (California Code of Regulations Title 8, Section 3395) has been on the books since 2005 and covers both outdoor and indoor work. The federal heat standard is still pending as of 2025. Cal/OSHA also requires an Injury and Illness Prevention Program (IIPP) for nearly every employer in the state, and federal OSHA has no general-industry equivalent.
Oregon and Washington adopted permanent workplace violence rules for healthcare settings that run more detailed than the federal version. Several state plans use different repeat-violation multipliers or small-employer penalty reduction schedules than federal OSHA.
The flip side: some plans mirror federal standards almost exactly, especially in smaller states. Tennessee and South Carolina adopt federal standards by reference and track federal OSHA closely.
Do this after you confirm your state has a plan. Open that agency's standards page and hunt for state-specific additions. Focus on heat, workplace violence, COVID-era holdovers, and industry standards federal OSHA never finalized. That's where the surprises live.
If you need a written safety program that accounts for your state's specific rules, SafetyFolio's safety program generator walks you through state-specific requirements so you don't have to read the full state code yourself.
What are the OSHA penalty differences between state plans and federal OSHA?
Federal OSHA sets its maximum penalties by law and bumps them for inflation every year. As of January 2025, the maximum for a serious violation is $16,550 per violation, and the maximum for a willful or repeat violation is $165,514 per violation [4]. Those numbers climb annually under the Federal Civil Penalties Inflation Adjustment Act [10].
A state plan's penalty structure has to be "at least as effective" as federal OSHA, but effective doesn't mean identical dollars. A plan with lower statutory maximums can still qualify if its overall enforcement reaches comparable deterrence. In practice, many plans sit close to or match federal levels, while a few have run lower over the years.
What shifts more visibly at the state level is penalty reduction policy. Federal OSHA offers a small-business reduction of up to 70 percent for employers with 10 or fewer employees, and up to 40 percent for employers with 11 to 25 [4]. State plans often run their own adjustment schedules that don't match those percentages.
Here's the takeaway. Don't assume a state OSHA citation is automatically cheaper or gentler than a federal one. In California and Washington, repeat or willful penalties can hit just as hard as federal ones, and the inspections can dig deeper.
How do state OSHA plans handle inspection and complaint investigations differently?
State plan inspections follow the same general framework as federal OSHA: programmed inspections (random or aimed at high-hazard industries), unprogrammed inspections (triggered by complaints, referrals, or incidents), and follow-up inspections after citations. The playbook matches because plans have to meet federal benchmarks, and federal OSHA runs annual evaluations of each plan to confirm they do [2].
The differences show up in emphasis and staffing. Cal/OSHA runs a separate enforcement arm and a separately funded consultation service. Washington's L&I runs an unusually active complaint investigation program and publishes inspection data in a searchable online database. Some smaller plans have fewer inspectors and slower response times on non-urgent complaints.
One difference matters more than the rest. If you want to contest a citation from a state plan, you go through that state's review process, not the federal Occupational Safety and Health Review Commission (OSHRC). California has its own Appeals Board. Oregon runs a separate hearings division. Every state-plan state has its own administrative appeals path, and the timelines and procedures vary.
In a federal OSHA state, any complaint or inspection runs through one of federal OSHA's ten regional offices or their area offices. Which system applies to you matters enormously the day you get a citation and have to respond.
Good recordkeeping is part of both federal and state compliance. Our guide on incident report covers what to document and when.
Do state OSHA plans change OSHA training requirements for my employees?
Yes, in some cases. Federal OSHA training requirements live inside individual standards, like the lockout/tagout training required under 29 CFR 1910.147 or the hazard communication training required under 29 CFR 1910.1200. When a state plan adopts a federal standard directly, that same training requirement carries over under the state plan [8].
Add a state standard and you add its training with it. California's IIPP requirement includes a training component with no direct federal match. Oregon's healthcare workplace violence standard sets specific training timelines. Washington's HazCom rules line up with federal HazCom 2012 but tack on extra emergency response training.
Credentials like OSHA 10 and osha 30 come from OSHA-authorized trainers and count nationwide. A 30-hour card earned in a federal OSHA state is accepted in California or Washington. But the card alone doesn't clear every state-specific training obligation. It's a floor, not a ceiling.
To figure out what osha training your team needs in a state-plan state, start at the state agency's training page. Most publish plain-language summaries of employer training duties by industry. See also our breakdown of hazard communication requirements, which shift slightly between plans.
How does federal OSHA monitor whether state plans are doing their job?
Federal OSHA doesn't approve a plan and disappear. Under 29 CFR Part 1902 and Section 18 of the OSH Act, OSHA runs annual monitoring evaluations of every state plan to judge whether it stays at least as effective as the federal program [5]. Those evaluations look at staffing, inspection frequency, penalty levels, how fast the state adopts new standards, and case file quality. The Bureau of Labor Statistics injury and illness data feeds the picture of how plans perform in high-hazard sectors [11].
When a plan falls short, federal OSHA can issue a finding of "operational status deficiency" and demand corrective action. In serious cases it can move to revoke a plan's approval, which hands enforcement back to federal OSHA for that state. This has happened: federal OSHA put Arizona's plan into concurrent enforcement status for a stretch in the early 1990s over identified deficiencies.
The evaluation reports are public. You can find them on the OSHA state plans monitoring page. They read dense, but if you want to know how your plan is doing on inspection rates or penalty adequacy, the annual evaluation is the source to check.
What if my business operates in both a state-plan state and a federal OSHA state?
Then you carry two compliance obligations, and they don't line up on their own. Each location follows the rules of its jurisdiction. Your North Carolina facility answers to NC OSH. Your Texas facility answers to federal OSHA's Dallas-area office.
The good news is that the underlying standards are largely similar, because every plan has to meet the federal floor. Your written hazard communication program looks close to the same in both states. Lockout/tagout under 29 CFR 1910.147 applies in both, though NC OSH adopted that standard directly.
The state-specific additions are where you slow down and read. A California location means the IIPP requirement, a formal written program your federal OSHA locations don't need. A Washington location means L&I's specific accident reporting timelines and forms.
Here's the approach that works for a multi-state small business. Build a base written safety program that meets federal standards, then layer state-specific requirements onto each state-plan location. More work upfront, yes. But it keeps you from running one generic program that's missing required pieces in one state or another. SafetyFolio's program generator handles this by asking about your location first, so the output reflects the rules that actually apply.
For any location, solid lockout tagout and forklift certification practices are consistent requirements you can standardize across every site.
Where can I find my state OSHA plan's contact information and standards?
The single best starting point is the OSHA State Plans directory at osha.gov/stateplans [2]. Each entry links straight to the state agency's website. From there you can find:
- The agency's main phone number and mailing address
- A searchable database or PDF index of adopted state standards
- Complaint filing instructions (usually an online form or a phone number)
- The state's consultation service, which is free and confidential for small employers
Every state plan runs a free, confidential on-site consultation service for small businesses, kept separate from enforcement. You can invite a consultant to walk your facility and flag hazards without triggering an inspection or a citation. Federal OSHA grants to the state fund the service [6]. In federal OSHA states, the same program exists through OSHA's On-Site Consultation Program, also at osha.gov.
For penalty questions, standards questions, or jurisdiction questions, the state agency is the right call. For the single question of whether your state has a plan at all, start at osha.gov. That order keeps you from getting bad information from a middleman.
Frequently asked questions
How many states have their own OSHA plan?
26 states and territories have OSHA-approved state plans as of 2025. Of those, 22 cover both private-sector and state/local government workers. The remaining plans cover only state and local government employees, and federal OSHA handles private-sector enforcement in those locations. Check the full list at osha.gov/stateplans.
Does Texas have a state OSHA plan?
No. Texas has no state OSHA plan for private-sector employers. Federal OSHA covers private-sector workers in Texas through its regional and area offices. Texas does run a plan limited to state and local government employees, but your private business in Texas answers to federal OSHA, not a Texas state agency.
Does California have its own OSHA program?
Yes. California runs Cal/OSHA through the Division of Occupational Safety and Health (DOSH), part of the Department of Industrial Relations. Cal/OSHA is one of the most active and expansive state plans in the country, with standards on heat illness, workplace violence, and Injury and Illness Prevention Programs that reach past federal OSHA requirements.
Can a state OSHA plan fine me less than federal OSHA would?
Possibly, but don't count on it. State plans must have penalty structures at least as effective as federal OSHA, but the dollar amounts can differ. Some states have run lower maximums historically, though many now track federal penalty levels closely. Small-employer reduction percentages also vary by state. Never assume a state citation is cheaper without checking that state's specific penalty schedule.
If I'm in a state with a state OSHA plan, can federal OSHA still inspect me?
Generally no, for private-sector employers in a full state-plan state. Federal OSHA cedes primary enforcement authority to the state agency. It keeps jurisdiction over federal employees and certain maritime employers even in state-plan states. Federal OSHA also runs monitoring evaluations of state programs, but those are oversight of the agency, not inspections of your business.
How do I file an OSHA complaint if my state has its own plan?
File with your state plan agency directly, not federal OSHA. Go to your state agency's website (find it through osha.gov/stateplans) and look for the complaint or concern form. Most plans accept online complaints. You can also call the state agency's main line. If you file with federal OSHA by mistake, they typically forward it to the state agency.
Do OSHA 10 and OSHA 30 cards work in state-plan states?
Yes. OSHA 10-hour and 30-hour cards from authorized trainers are recognized across all states, whether or not the state runs its own plan. The cards prove completion of a federally recognized curriculum. That said, a 30-hour card doesn't satisfy every state-specific training requirement. State plans can set additional training obligations beyond what the card covers.
What is the free consultation service available through state OSHA plans?
Every state plan and every federal OSHA jurisdiction offers a free, confidential on-site consultation service for small businesses, funded by federal OSHA grants. A trained consultant visits your workplace, identifies hazards, and recommends fixes, without issuing citations or fines. In state-plan states, the state agency runs it. In federal states, it runs through OSHA's On-Site Consultation Program. Find it at osha.gov/consultation.
How quickly does a state OSHA plan have to adopt a new federal OSHA standard?
State plans generally must adopt standards at least as effective as new federal OSHA standards within six months of the federal standard's effective date [5]. They can adopt it identically, make it stricter, or point to an existing standard that already meets the bar. Missing the window can trigger federal OSHA's monitoring and oversight process.
Do state OSHA plans cover agricultural workers differently than federal OSHA?
Sometimes, yes. Federal OSHA exempts farms with 10 or fewer employees from most standards under a Congressional rider that's been in place for decades. Some state plans, including Washington and California, don't apply the same exemption and cover small farm employers under their rules. If you operate a farm in a state-plan state, check your state agency's agricultural standards page directly.
What happens if a state OSHA plan is not doing its job?
Federal OSHA monitors every state plan annually. If a plan comes up deficient, OSHA can issue a notice of deficiency and require corrective action. In serious cases, it can move to revoke the plan's approval, which returns enforcement authority to federal OSHA for that state. This process runs under 29 CFR Part 1955 and has been used in practice, though full revocations are rare.
Does a state OSHA plan affect my workers' compensation insurance?
Workers' compensation is a separate state program from OSHA and isn't directly affected by whether your state runs a state OSHA plan. But OSHA citations and injury rates do move your experience modification rate, which drives workers' comp premiums. Stronger enforcement by an active state plan can push employers toward safer practices, which cuts claim frequency over time.
Where can I read the actual text of my state's OSHA standards?
Start at your state plan agency's website, linked from osha.gov/stateplans. Most plans publish their adopted standards in a searchable online database or as downloadable PDFs. California's standards live in the California Code of Regulations Title 8. Oregon's are in the Oregon Administrative Rules Chapter 437. Each state uses its own codification system, and the agency site points you to the right place.
Sources
- U.S. Department of Labor, Occupational Safety and Health Act of 1970, Section 18: Section 18 of the OSH Act allows states to develop their own occupational safety and health programs that are 'at least as effective' as the federal program
- OSHA, State Plans directory: 26 states and territories operate OSHA-approved state plans; 22 cover private and public sector workers; the remainder cover only public sector employees
- OSHA, Maritime Standards, 29 CFR 1917 and 1918: Longshoring and marine terminal employers are generally covered by federal OSHA even in state-plan states, unless the state plan has received specific extension of jurisdiction
- OSHA, Penalties page: As of January 2025, the maximum OSHA penalty for a serious violation is $16,550 per violation and $165,514 for willful or repeat violations; small employers with 10 or fewer workers receive up to 70% penalty reduction
- OSHA, Federal Annual Monitoring and Evaluation of State Plans, 29 CFR Part 1902: OSHA conducts annual monitoring evaluations of every state plan to assess whether it remains at least as effective as the federal program; state plans must adopt new federal standards within six months
- OSHA, On-Site Consultation Program: Every state plan and federal OSHA jurisdiction provides a free, confidential on-site consultation service for small businesses, funded by federal OSHA grants to the state
- OSHA, Hazard Communication Standard, 29 CFR 1910.1200: Federal OSHA's Hazard Communication Standard (HazCom 2012) requires employee training on chemical hazards; state plans adopt this standard and may add provisions
- OSHA, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015: OSHA maximum penalties are adjusted annually for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015
- Bureau of Labor Statistics, Survey of Occupational Injuries and Illnesses: BLS tracks occupational injury and illness rates by state and industry, providing the underlying data used to assess state plan effectiveness in high-hazard sectors