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New York: State or Federal OSHA?

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In

New York, what is the agency that regulates worker safety?

Like Connecticut and New Jersey, New York has a state worker safety program. However, in these three states, the state program covers only the employees of state and local government agencies. All employees who work for a private employer are covered under the federal OSHA plan.

There are 26 states where the federal Occupational Safety and Health Administration, OSHA, regulates all types of employee safety programs.

In addition, there are 21 states that have set up their own state OSH, Occupational Safety and Health program. Those states are Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Vermont Minnesota, Nevada, Oregon New Mexico, North Carolina, , South Carolina, Tennessee, Utah, , Virginia, Washington and

Wyoming. The

territory of

Puerto Rico has also instituted a similar plan. The leaders of all of these state agencies belong to OSHSPA, the Occupational Safety and Health State Plan Association.

The Virgin Islands also has a state plan for local governments only, similar to the New York plan.

In the majority of the U.S. (26 states plus Guam) the federal OSHA performs inspections of workplaces. OSHA investigates accidents and fatalities in the workplace, institutes regulations and levies fines when appropriate. OSHA also acts as an on-site safety consultant, giving free safety tips to employers. OSHA also conducts safety training and education classes.

Setting up a state OSH program is a long, arduous process. The state must submit plans to be approved by OSHA. When a state implements its own

OSH program, the state must assume all those functions performed by OSHA. In return, state programs receive up to 50% of their funding from the federal OSHA. Once the plans are approved, OSHA will check that they are implemented effectively. It can take two years or more for a state to get an Occupational Safety and Health program approved. 

A few states, most notably California, have standards that offer employees significantly more protection than the federal rules do. Under federal law, the state regulations must be “at least as effective as” the federal programs. This is particularly true in regard to exposure to potentially harmful chemicals, in

California.