State plan OSHA states: how requirements differ from federal OSHA

Last updated 2026-07-11

What is a state plan OSHA state?

A state plan state is one where a state (or territory) got federal approval to run its own occupational safety and health program in place of federal OSHA. The authority comes from Section 18 of the Occupational Safety and Health Act of 1970, which lets states "assume responsibility for development and enforcement of occupational safety and health standards" if the Secretary of Labor approves the plan ^[1].

Federal OSHA still exists in these states. It just steps back. Instead of enforcing 29 CFR 1910 (general industry) or 29 CFR 1926 (construction) directly, federal OSHA watches the state agency to make sure it stays at least as effective as the federal program. Think of it as a franchise arrangement: the federal agency sets the floor, the state runs the day-to-day operation.

As of 2024, there are 22 state plans covering both private-sector and public-sector workers, plus 7 plans that cover only state and local government workers ^[2]. If you hold a public-sector job in a state like Illinois or Maine, you fall under a state plan even though private businesses there use federal OSHA.

The practical consequence is simple. If your shop is in California, Michigan, or Washington, read Cal/OSHA, MIOSHA, or Washington L&I rules before you read the federal CFR. They differ more than most small business owners realize.

Which states have their own OSHA plans?

Here is the full list as maintained by OSHA ^[2].

States and territories with plans covering private AND public sector workers (22): 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.

States and territories with plans covering only state and local government workers (7): Connecticut, Illinois, Maine, New Jersey, New York, and the U.S. Virgin Islands. Federal employees are covered separately under 5 U.S.C. 7902.

State/Territory	Covers Private Sector?	Plan Name
California	Yes	Cal/OSHA (DIR)
Michigan	Yes	MIOSHA
Washington	Yes	WISHA / L&I
Oregon	Yes	Oregon OSHA
North Carolina	Yes	NC DOL OSH
Virginia	Yes	VOSH
Tennessee	Yes	TOSHA
Indiana	Yes	INSafe
Minnesota	Yes	MN OSHA
New York	No (public only)	NY PESH
Illinois	No (public only)	IL OSHA
Connecticut	No (public only)	CT OSHA

All other states, the District of Columbia, and most U.S. territories are covered by federal OSHA directly ^[2].

One thing trips people up. Even in a state-plan state, federal OSHA keeps jurisdiction over federal employees and certain industries like maritime. If you run a shipyard in California, you're still subject to federal OSHA maritime standards, not Cal/OSHA, for that work ^[3].

How are state plan requirements allowed to differ from federal OSHA?

The legal floor is the phrase "at least as effective" from the OSH Act Section 18(c) ^[1]. States can't be weaker than federal OSHA. They can be stronger.

In practice, three things can happen.

First, a state can adopt a federal standard word-for-word. Many do this for most standards, especially when a federal rule is brand new.

Second, a state can adopt the federal standard and then pile supplemental requirements on top. California does this constantly. Cal/OSHA's heat illness prevention standard (8 CCR 3395) goes well past anything in the federal CFR. It requires shade structures, specific high-heat procedures above 95 degrees F, and a mandatory cool-down rest period of at least 5 minutes whenever a worker feels the need for one ^[4].

Third, a state can write a standard from scratch in an area where federal OSHA has nothing. Oregon OSHA's rules on forest activities and California's rules on indoor heat are two examples.

Timing matters too. When federal OSHA issues a new standard, state-plan states generally have 6 months to adopt an identical or more protective rule ^[5]. If a state drags its feet, federal OSHA can step back in for that one standard. That gap period is where compliance confusion breeds.

For your written safety programs, check the state agency's website first and compare it to the federal CFR. Don't assume the CFR is the last word.

What are some examples of state plan rules that are stricter than federal OSHA?

The differences are real, and some of them are big. A few concrete ones:

California (Cal/OSHA): The Injury and Illness Prevention Program (IIPP) is required for every employer with at least one employee under 8 CCR 3203 ^[11]. Federal OSHA has no equivalent mandate for all employers, though it strongly recommends safety programs. Cal/OSHA also requires a written Heat Illness Prevention Program under 8 CCR 3395 and has specific standards for hazards in healthcare settings.

Washington (L&I / WISHA): Washington's fall protection rules for residential construction have historically required protection at thresholds tighter than the federal 6-foot line in some scenarios. Washington also requires joint labor-management safety committees in workplaces with 11 or more employees under WAC 296-800-130 ^[6].

Oregon OSHA: Oregon requires a written accident prevention program under OAR 437-001-0765 that runs more specific than most federal equivalents, including a written workplace violence prevention plan for healthcare and social service workers ^[12].

Michigan (MIOSHA): Michigan's right-to-know law and chemical exposure standards exceed the federal Hazard Communication Standard (29 CFR 1910.1200) in some areas. See our guide to hazard communication for how the federal standard works as a baseline.

Minnesota OSHA: Minnesota requires ergonomics programs for certain industries that go past federal guidance-only documents.

None of this makes the state program administratively harder to deal with. It's just different. Knowing which rules apply to you is step one.

If you operate in multiple states, which OSHA rules apply?

You answer to the jurisdiction where the work happens. A company headquartered in Texas (federal OSHA) with a job site in Oregon follows Oregon OSHA for that Oregon site and federal OSHA for its Texas operations. There's no single federal override for multi-state employers.

This matters most for written programs. If you have a lockout/tagout program, your lockout tagout documentation might satisfy 29 CFR 1910.147 and still fall short of a state-plan state's version. Michigan, for one, has adopted its own lockout/tagout rules under MIOSHA that mirror the federal standard closely, but enforcement priorities and inspection checklists can diverge.

Same geographic rule applies to training. An employee who does OSHA 30 training or completes an OSHA 30 training course meets the OSHA outreach program standards, but that training doesn't substitute for state-specific required training in some state-plan states. Cal/OSHA, for example, has supervisor training requirements for heat illness that a standard OSHA 30 card doesn't cover.

The cleanest move for a multi-state small business: build your program around the most protective state you operate in, then verify nothing in your other states is MORE protective in some specific area. You end up with a program that satisfies everyone, with almost no duplicated effort.

Want a fast start? SafetyFolio's safety program generator lets you specify your state so the output reflects state-plan requirements instead of just the federal CFR baseline.

How does OSHA monitor state plans to make sure they stay effective?

Federal OSHA doesn't approve a state plan and walk away. Under 29 CFR 1902, it runs ongoing oversight: annual performance reports, federal monitoring inspections (called FAME inspections), and periodic full evaluations ^[5].

The "at least as effective" standard gets judged across several dimensions. Staffing levels relative to the state's workforce. Inspection activity. Penalty levels. Standards adoption. Worker protection outcomes. OSHA publishes State Plan Performance Reports that track these metrics.

Penalty levels are one area where states have historically drifted from federal OSHA. Federal OSHA raised its maximum penalties sharply in 2016 and again through annual inflation adjustments. As of 2024, the maximum federal OSHA penalty for a serious violation is $16,131 per violation, and for willful or repeated violations it is $161,323 ^[7]. State plans are supposed to keep "at least as effective" penalty structures, but some states have lagged in practice. Federal monitoring exists partly to catch and correct that.

If a state plan slips below the threshold, federal OSHA can move to "concurrent enforcement," essentially stepping back in, or in an extreme case revoke the state plan outright. Revocation is rare, but it has been threatened. Federal OSHA issued a notice in 2022 related to Arizona's state plan enforcement, which shows the oversight has teeth ^[2].

What happens during an OSHA inspection in a state plan state?

The process looks like federal OSHA: an opening conference, a walkaround, document review, and a closing conference. The difference is that the inspector works for the state agency and cites violations under state standards, not federal CFR numbers.

For small businesses, the biggest practical difference is the consultation program. Every state, including state-plan states, has a free on-site consultation service that is walled off from enforcement ^[8]. In state-plan states, the state agency runs that consultation. The people doing it know the state-specific requirements cold, which makes these visits worth a lot if you're unsure how your state's rules differ.

Penalty structures can differ. Some state-plan states offer informal settlement procedures that bend more than the federal contest process. Others are stricter. If you get cited in a state-plan state, you contest through the state's review commission or its equivalent, not the federal Occupational Safety and Health Review Commission (OSHRC).

One more thing worth knowing: in California, the enforcement agency (Cal/OSHA) and the standards board (Occupational Safety and Health Standards Board) are separate entities. That split is unusual. It means standards can change through a public rulemaking process that's more open to employers than the federal one. States like Washington and Oregon run more unified structures.

For more on what happens during an inspection and how to handle it, see our overview of OSHA basics.

Do state plan states require different injury recordkeeping?

Federal OSHA's recordkeeping rules under 29 CFR 1904 require most employers with 10 or more employees to maintain OSHA 300 logs, 300A summaries, and 301 incident reports ^[9]. State-plan states must have equivalent recordkeeping rules, and most adopt the federal requirements essentially unchanged.

There are state-specific add-ons, though. California requires employers to report serious injuries to Cal/OSHA within 8 hours and serious illnesses or hospitalizations within 24 hours under 8 CCR 342, which parallels but stands separate from the federal reporting requirement ^[10]. California also has specific reporting rules for certain industries under its own codes.

Washington requires employers to report all work-related fatalities and certain serious injuries to L&I within 8 hours ^[6].

For small businesses working out their recordkeeping duties, our guide on how to write an incident report covers the federal baseline in detail.

One honest admission: the recordkeeping gap between state and federal programs is not dramatic for most employers. The federal 300 log system is the backbone everywhere. Where states add on, it tends to be reporting timelines and specific industries, not a wholesale different system.

How do small businesses find out exactly what their state plan requires?

Start at the state agency's website. Each state-plan agency posts its own standards, all publicly accessible. They aren't always easy to navigate, but they're the authoritative source.

Here's where to go by state:

• California: dir.ca.gov (Cal/OSHA section)
• Washington: lni.wa.gov
• Oregon: osha.oregon.gov
• Michigan: michigan.gov/leo (MIOSHA section)
• North Carolina: labor.nc.gov/osha
• Virginia: doli.virginia.gov/vosh-programs
• Tennessee: tn.gov/workforce/TOSHA

For every other state-plan state, OSHA keeps a central directory at osha.gov/stateplans ^[2].

Past the website, the free on-site consultation program is the most underused resource in occupational safety. You call the state agency's consultation arm, they send someone out, they tell you what you're missing, and nothing gets reported to enforcement. Federal law bars consultation findings from being used in enforcement actions ^[8]. There's genuinely no downside to using it.

Want a written program built around your specific state before you schedule a consultation? SafetyFolio's program generator asks for your state at the start and tailors the output, covering state-plan requirements where they go past the federal baseline.

For employers new to the whole framework, our piece on what does OSHA stand for explains the federal agency's structure before you get into state-plan nuance.

Are OSHA training requirements different in state plan states?

Yes, and this catches employers off guard more than almost any other issue.

Federal OSHA training requirements sit throughout the CFR: forklift operator training under 29 CFR 1910.178(l), hazard communication training under 29 CFR 1910.1200(h), lockout/tagout training under 29 CFR 1910.147(c)(7), and on down the line. State-plan states adopt these, then add frequency requirements, language requirements, and documentation standards that go past the federal text.

California adds language access rules: safety training must be given in a language employees understand, and Cal/OSHA enforces that far more aggressively than the federal equivalent. Cal/OSHA also mandates supervisor training on heat illness prevention that has no federal analog.

Oregon and Washington both require safety committee training and documentation standards more prescriptive than the federal rules.

For general OSHA training delivered through the OSHA Outreach Training Program (which produces the 10-hour and OSHA 30 hour online course cards), the cards are recognized everywhere. But they satisfy employer training obligations only where the specific CFR standard accepts them as sufficient. State-plan states may demand training beyond what a card proves.

For forklift certification specifically: 29 CFR 1910.178(l) is the baseline in all state-plan states ^[13], but some states pile on documentation or refresher-frequency requirements.

Bottom line: check your specific state's requirements for each hazard category before you rely on the federal CFR number.

What about federal contractors and federally funded projects in state plan states?

This is one of the cleaner rules in an otherwise messy landscape. Federal OSHA keeps jurisdiction over federal agencies and, importantly, over contractors on federal land or in federal buildings. But for private contractors doing federally funded work on non-federal property in a state-plan state, the state plan applies ^[3].

So a construction contractor building a federally funded highway in California follows Cal/OSHA for construction, not 29 CFR 1926. The federal funding doesn't drag you back into federal OSHA jurisdiction.

The exception is work on federal land: a military base, a federal park, a federal building. There, federal OSHA applies no matter where the state-plan boundaries sit.

This distinction matters most for construction and service contractors on government contracts. Write your safety program to the right standard before a state inspector shows up thinking you used the wrong rule set.

Frequently asked questions

How many state plan states are there?

As of 2024, there are 29 state and territory plans total: 22 cover both private-sector and public-sector workers, and 7 cover only state and local government employees. The 22 full-coverage plans include California, Michigan, Washington, Oregon, Virginia, North Carolina, Tennessee, and others. You can find the complete list at osha.gov/stateplans.

If I'm in a state plan state, do I ever interact with federal OSHA?

Rarely, for most employers. Day-to-day enforcement, inspections, and consultations run through the state agency. Federal OSHA monitors the state program with oversight inspections and annual reviews, but it doesn't inspect your workplace unless the state plan is suspended or you're in a federally retained jurisdiction like maritime work or federal government facilities.

Can a state plan state have weaker rules than federal OSHA?

No. The OSH Act Section 18(c) requires state plans to be 'at least as effective' as the federal program. Federal OSHA monitors this through annual performance reports and field monitoring inspections. If a state's enforcement activity or penalty levels drop below the threshold, federal OSHA can issue corrective action plans or, in extreme cases, step back into direct enforcement.

Does California OSHA apply to remote workers who live in California but work for an out-of-state company?

This is genuinely unsettled, and Cal/OSHA has not issued definitive guidance covering every scenario. The general principle is that Cal/OSHA jurisdiction follows where the work is performed, so a California-based remote employee would typically be subject to Cal/OSHA requirements. Employers with remote workers in California should review the IIPP requirements (8 CCR 3203) and check the agency's published guidance.

Do state plan states have their own versions of the OSHA 300 log?

Most state-plan states use the federal OSHA 300, 300A, and 301 forms or exact equivalents. The recordkeeping framework under 29 CFR 1904 is adopted by all state-plan states. Differences tend to show up in injury reporting timelines and thresholds, not the log format. California, for example, requires an 8-hour report for serious injuries under 8 CCR 342, which runs parallel to the federal reporting requirement.

What is the penalty if a state plan state's OSHA program is weaker than federal OSHA?

There's no direct penalty on employers. The consequence lands on the state agency: federal OSHA can issue a Notice of Failure to Comply, require corrective action, and ultimately move to revoke the state plan or reassert concurrent federal enforcement. For employers, the practical risk is confusion during any transition period if enforcement standards shift.

How do I know if my safety program meets my state's requirements beyond federal OSHA?

Start at your state agency's website and compare your program element by element against the state standard, more than the federal CFR. Then use your state's free consultation program (separate from enforcement) to have a professional review it. State-plan agencies list their consultation services on the same website as their standards. That consultation is confidential and can't trigger an enforcement inspection.

Are OSHA 10 and OSHA 30 cards recognized in state plan states?

Yes. OSHA Outreach Training Program cards issued by OSHA-authorized trainers are recognized across all states, including state-plan states. Some state-plan states, though, require training beyond what those cards cover, particularly for state-specific hazards like California's heat illness rules. The card proves general safety education but doesn't automatically satisfy every state-specific training mandate.

Does Washington state OSHA (L&I) cover the same things as federal OSHA?

Washington's Division of Occupational Safety and Health (DOSH), operating under L&I through the Washington Industrial Safety and Health Act (WISHA), covers most of the same hazards as federal OSHA. Washington has adopted most federal standards but added requirements including mandatory joint safety committees for employers with 11 or more employees, specific fall protection rules, and stricter chemical exposure limits in some areas.

What industries does federal OSHA still cover in state plan states?

Federal OSHA keeps jurisdiction in all states for federal government employees, maritime industries (longshoring, shipbuilding, and marine terminals) where federal maritime standards apply, and operations on federal land or in federal facilities. For the vast majority of private-sector employers in state-plan states, the state agency handles everything.

How long does a state plan state have to adopt a new federal OSHA standard?

State-plan states generally have 6 months from the effective date of a new federal standard to adopt an identical or more protective standard. If they don't act within that window, federal OSHA can apply the new standard directly in that state for the period of non-adoption. This is one reason compliance professionals watch federal rulemaking even in state-plan states.

If I move my business from a federal OSHA state to a state plan state, what changes?

You'll need to review your written programs against the state standard, more than the federal CFR. The biggest changes usually land in areas where the state plan went past the federal baseline: heat illness programs in California, safety committee requirements in Washington, or specific training documentation in Oregon. Your OSHA 300 recordkeeping will look the same, but reporting timelines and thresholds may differ.

Is there a database comparing state plan requirements to federal OSHA side by side?

OSHA publishes State Plan Performance Reports and maintains a state plans directory at osha.gov/stateplans, but there is no single side-by-side comparison tool covering all standards. For specific standards, the state agency's published rules are the reliable source. Some industry associations publish comparison guides for their sector, which can be worth searching for your specific industry.

Sources

1. OSHA.gov, State Plans directory: As of 2024, 22 state plans cover private and public sector workers; 7 plans cover only state and local government employees.
2. California Code of Regulations, Title 8, Section 3395 (Cal/OSHA Heat Illness Prevention): Cal/OSHA 8 CCR 3395 requires shade structures, high-heat procedures above 95 degrees F, and a mandatory cool-down rest period of at least 5 minutes when a worker feels the need.
3. 29 CFR 1902, OSHA State Plans for the Development and Enforcement of State Standards: 29 CFR 1902 establishes federal OSHA's ongoing monitoring requirements for state plans, including annual performance reports and field monitoring inspections.
4. Washington State Department of Labor and Industries, WAC 296-800-130 Safety Committees and Meetings: Washington requires joint labor-management safety committees in workplaces with 11 or more employees under WAC 296-800-130.
5. OSHA.gov, Penalties: As of 2024, the maximum federal OSHA penalty for a serious violation is $16,131 per violation; willful or repeated violations can reach $161,323.
6. OSHA.gov, On-site Consultation Program: OSHA's free on-site consultation program is separate from enforcement; federal law prohibits consultation findings from being used in enforcement actions.
7. 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses: 29 CFR 1904 requires most employers with 10 or more employees to maintain OSHA 300 logs, 300A summaries, and 301 incident reports.
8. California Code of Regulations, Title 8, Section 342 (Cal/OSHA Reporting): Cal/OSHA 8 CCR 342 requires employers to report serious injuries to Cal/OSHA within 8 hours and serious illnesses or hospitalizations within 24 hours.
9. California Code of Regulations, Title 8, Section 3203 (IIPP): Cal/OSHA 8 CCR 3203 requires every California employer with at least one employee to have a written Injury and Illness Prevention Program.
10. Oregon OSHA, OAR 437-001-0765, Accident Prevention Programs: Oregon OSHA requires employers to have a written accident prevention program under OAR 437-001-0765, including a written workplace violence prevention plan for healthcare and social service workers.
11. 29 CFR 1910.178(l), Powered Industrial Trucks (Forklift) Training: 29 CFR 1910.178(l) establishes the federal baseline for forklift operator training, which all state-plan states must meet or exceed.