OSHA & state / local employees
- Thread starter farmaped
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fmtjfw
Senior Member
- Location
- Fairmont, WV, USA
Yep, States retain some sovereignty after joining union. UNITED STATES of America. The ability to subject their employees to more hazardous working conditions is one of them.
- Location
- Placerville, CA, USA
- Occupation
- Retired PV System Designer
In some areas of regulation, the Federal government has chosen not to exempt itself from the regulations it puts forward. In others areas it does.
Which happens in a particular area comes down to a decision by Congress, as usual.
Which happens in a particular area comes down to a decision by Congress, as usual.
The original Occupational Safety & Health Act exempted State & Local Governments
The original Occupational Safety & Health Act exempted State & Local Governments
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Tom
The original Occupational Safety & Health Act exempted State & Local Governments
More conservative Senators insisted that State & Local Governments be exempt from the requirements of the Act. The law offers States the opportunity to receive funding to do their own enforcement but only if they subject State & Local employees to the provisions of the ACT and the regulations adopted pursuant to the Act. The States cannot get the money unless they subject State and Local Government employees to the OSHA regulations.
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Tom
What's the advice for a state facility (that does not follow OSHA or 70E) that hires private contractors for for electrical work.
I think its clear that in certain states OSHA/70E compliance is not required, and thus employees are not required to follow 70E work practices.
However, any thoughts on meeting safety requirements - specifically 70E (Host Employer, PJBs, labelling) - once the exempt facility decides to use private contractors?
I think its clear that in certain states OSHA/70E compliance is not required, and thus employees are not required to follow 70E work practices.
However, any thoughts on meeting safety requirements - specifically 70E (Host Employer, PJBs, labelling) - once the exempt facility decides to use private contractors?
wtucker
Senior Member
- Location
- Connecticut
The "facility" isn't exempt, its workers are. Private contractors working on state or local property are subject to OSHA regulation. The other side of the coin is that public employees, like cops and firefighters, are not subject to federal OSHA regulation, even though they may be on private property.
Thanks, I understand that private workers are subject to OSHA regulations - while working on state and local property facilities.
I'm curious if the State or Local establishment (in states WITHOUT OSHA state approved plans) must abide to "Employer Responsibilities" found in OSHA (e.g. Employer Responsibilities copied from OSHA and pasted below), even though the state / local employees are no covered by OSHA. My interpretation is NO, the state or local government EMPLOYER does not abide by OSHA Employer Responsibilities EVEN WHEN the facility uses private contractors....However, the private contractor workers are covered by OSHA (via their employment with an OSHA abiding Employer). Would you agree?
Excerpt OSHA EMPLOYER RESPONSIBILITIES:
Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires employers to try to eliminate or reduce hazards first by making changes in working conditions rather than just relying on masks, gloves, ear plugs or other types of personal protective equipment (PPE). Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks.
Employers MUST also:
Inform employees about hazards through training, labels, alarms, color-coded systems, chemical information sheets and other methods.
Keep accurate records of work-related injuries and illnesses.
Perform tests in the workplace, such as air sampling required by some OSHA standards.
Provide hearing exams or other medical tests required by OSHA standards.
Post OSHA citations, injury and illness data, and the OSHA poster in the workplace where workers will see them.
Notify OSHA of all work-related fatalities within 8 hours, and all work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. [Employers under federal OSHA's jurisdiction were required to begin reporting by Jan. 1, 2015. Establishments in a state with a state-run OSHA program should contact their state plan for the implementation date].
Not discriminate or retaliate against a worker for using their rights under the law.
I'm curious if the State or Local establishment (in states WITHOUT OSHA state approved plans) must abide to "Employer Responsibilities" found in OSHA (e.g. Employer Responsibilities copied from OSHA and pasted below), even though the state / local employees are no covered by OSHA. My interpretation is NO, the state or local government EMPLOYER does not abide by OSHA Employer Responsibilities EVEN WHEN the facility uses private contractors....However, the private contractor workers are covered by OSHA (via their employment with an OSHA abiding Employer). Would you agree?
Excerpt OSHA EMPLOYER RESPONSIBILITIES:
Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires employers to try to eliminate or reduce hazards first by making changes in working conditions rather than just relying on masks, gloves, ear plugs or other types of personal protective equipment (PPE). Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks.
Employers MUST also:
Inform employees about hazards through training, labels, alarms, color-coded systems, chemical information sheets and other methods.
Keep accurate records of work-related injuries and illnesses.
Perform tests in the workplace, such as air sampling required by some OSHA standards.
Provide hearing exams or other medical tests required by OSHA standards.
Post OSHA citations, injury and illness data, and the OSHA poster in the workplace where workers will see them.
Notify OSHA of all work-related fatalities within 8 hours, and all work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. [Employers under federal OSHA's jurisdiction were required to begin reporting by Jan. 1, 2015. Establishments in a state with a state-run OSHA program should contact their state plan for the implementation date].
Not discriminate or retaliate against a worker for using their rights under the law.
Under federal OSHA statutes, "The term ?employer? ... does not include... any State or political subdivision of a State." 29 USC ? 652.
Thus, because a state, county or municipality is not defined as an "employer", federal OSHA does not have any legal jurisdiction to require them to do ANYTHING. This is a natural outcome of the fact that Congress has limited powers to regulate State actions. Each state may DECIDE to implement OSHA-like regulations of its own (including an "OSHA-approved plan"), which could apply to some or all state and local agency employers.
Thus, because a state, county or municipality is not defined as an "employer", federal OSHA does not have any legal jurisdiction to require them to do ANYTHING. This is a natural outcome of the fact that Congress has limited powers to regulate State actions. Each state may DECIDE to implement OSHA-like regulations of its own (including an "OSHA-approved plan"), which could apply to some or all state and local agency employers.
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