Who is Covered
In general, coverage of the OSH Act extends to all employers and their employees in the 50 states, the District of Columbia, Puerto Rico, and all other territories under federal government jurisdiction. Coverage is provided either directly by the Federal Occupational Safety and Health Administration (OSHA) or through an OSHA-approved state occupational safety and health program, in states that have approved programs.
Definition of an "employer"
As defined by the OSH Act, an employer is any "person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a State." Therefore, the OSH Act applies to employers and employees in such varied fields as manufacturing, construction, longshoring, agriculture, law and medicine, charity and disaster relief, organized labor and private education. Such coverage includes religious groups to the extent that they employ workers for secular purposes.
The following are not covered by the OSHA Act:
- Self-employed persons;
- Farms at which only immediate members of the farmer's family are employed;
- Working conditions regulated by other federal agencies under other federal statutes. This category includes most employment in mining, nuclear energy and nuclear weapons manufacture, and many segments of the transportation industries;
- Employees of State and local governments (unless they are in one of the States with OSHA-approved safety and health programs
I do understand that the fines go to the employees.
