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Maine: State or Federal OSHA?

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In Maine, what is the agency that regulates worker safety?

OSHA regulates all of the different types of employee safety programs in 26 states, including Maine.  In addition to those states, Guam also utilizes the federal OSHA to perform various functions, such as investigating deaths and accidents in the workplace, inspecting workplaces, and instituting regulations and levying fines whenever appropriate. 

OSHA, otherwise known as the federal Occupational Safety and Health Administration, also conducts education classes, safety training, and provides free safety tips to employers.

It is significant to mention that 21 states have established their own individual Occupational Safety and Health programs.  When states establish their own programs, those states have to assume all of the functions that had previously been performed by OSHA.  For doing this, states receive up to 50% of their funding from the federal OSHA.

The 21 states that have their own OSH are Washington, Alaska, Wyoming, Arizona, Virginia, California, Vermont, Hawaii, Utah, Indiana, Tennessee, Iowa, South Carolina, Kentucky, Oregon, Maryland, North Carolina, Michigan, New Mexico, Minnesota, and Nevada.  The territory of Puerto Rico also has a similar plan.

There are three states in America that have state worker safety programs, but they only cover those employees who work for local or state government.  The states with such policies are New York, New Jersey, and Connecticut.  The federal OSHA jurisdiction reigns over businesses and non-profit agencies. 

Employers should be aware that establishing their own OSH programs can be a very long and tedious process.  First, states have to submit plans of action to OSHA for approval.  After those plans have been approved, OSHA checks to ensure that each state’s program is implemented properly.  In order for states to gain approval for Occupational Safety and Health programs, it can take more than two years.

Another important point worth mentioning is that state regulations have to be “at least as effective as” the federal programs.  This is according to federal law.  There are even a few states, such as California, that have standards offering employees quite a bit more protection than the federal rules and regulations. JH