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What does current federal law say about workplace health and safety? 

The federal Occupational Safety and Health (OSH) Act—passed in 1970 after decades of fierce advocacy by organized labor and its allies—mandates that workplaces be “free from recognized hazards that could cause death or serious physical harm to employees.” To implement this mandate, the Act created the Occupational Safety and Health Administration (OSHA) to develop and enforce workplace health and safety standards. OSHA standards are designed to limit workers’ exposure to hazards; ensure access to adequate safety equipment; and require that employers monitor workplaces for hazards and report injuries and illnesses. OSHA also provides training and compliance assistance to workers and employers and gives workers the right to request workplace inspections. The OSH Act established the National Institute for Occupational Safety and Health (NIOSH), the sole agency responsible for conducting research to inform OSHA policymaking with evidence-based assessments of injury and fatality risks, and providing actionable guidance for employers to improve safety. Since OSHA was created, fatalities and work-related injuries have dropped by 65%, even while the U.S. workforce has doubled in size.

Separately, following a century of lawmaking related to mine safety, the 1977 Federal Mine Safety and Health Act created the Mine Safety and Health Administration (MSHA), which is charged with enforcing mine safety rules with the goal of reducing deaths, injuries, and illnesses in U.S. mines.

The OSH Act establishes roles for both federal OSHA and states on occupational safety and health protection. The relationship between federal government and state OSH mandates is complicated. The OSH Act grants the federal government jurisdiction over worker health and safety law, but states have the option to establish their own state-level OSHA standards and enforcement systems (known as “state plans”) that are then monitored by federal OSHA. State OSHA plans must be approved by federal OSHA, be “at least as effective” as federal OSHA, and must cover state and local government employees at a minimum. Currently, federal OSHA can only cover private-sector workers. The cost of running a state plan is shared between the state and federal government. At present:

• 29 states are under federal OSHA jurisdiction (“federal OSHA” states). Federal OSHA covers all private businesses engaged in commerce and all federal agencies but does not cover state and local governments (see Figure A). Self-employed workers are excluded and employers with 10 or fewer employees are exempt from OSHA’s record-keeping requirements (though they are still required to comply with OSHA standards and to report serious injuries and fatalities).
• 21 states have OSHA-approved state plans that cover both private-sector and state and local government workers.1
• Six states have “hybrid” plans, where private-sector workers fall under federal OSHA jurisdiction, but public-sector employees are covered by a state plan.2

Figure A

OSHA Status by State

State	OSHA Key	OSHA Status
Alabama	0	Federal
Alaska	2	State plan
Arizona	2	State plan
Arkansas	0	Federal
California	2	State plan
Colorado	0	Federal
Connecticut	1	Hybrid
Delaware	0	Federal
Florida	0	Federal
Georgia	0	Federal
Hawaii	2	State plan
Idaho	0	Federal
Illinois	1	Hybrid
Indiana	2	State plan
Iowa	2	State plan
Kansas	0	Federal
Kentucky	2	State plan
Louisiana	0	Federal
Maine	1	Hybrid
Maryland	2	State plan
Massachusetts	1	Hybrid
Michigan	2	State plan
Minnesota	2	State plan
Mississippi	0	Federal
Missouri	0	Federal
Montana	0	Federal
Nebraska	0	Federal
Nevada	2	State plan
New Hampshire	0	Federal
New Jersey	1	Hybrid
New Mexico	2	State plan
New York	1	Hybrid
North Carolina	2	State plan
North Dakota	0	Federal
Ohio	0	Federal
Oklahoma	0	Federal
Oregon	2	State plan
Pennsylvania	0	Federal
Rhode Island	0	Federal
South Carolina	2	State plan
South Dakota	0	Federal
Tennessee	2	State plan
Texas	0	Federal
Utah	2	State plan
Vermont	2	State plan
Virginia	2	State plan
Washington	2	State plan
Washington D.C.	0	Federal
West Virginia	0	Federal
Wisconsin	0	Federal
Wyoming	2	State plan

Notes: "Federal" states fall under federal OSHA jurisdiction, which covers most private sector workers within the state. State and local government workers are not covered by federal OSHA. "Hybrid" state plans cover state and local government workers only. Private-sector workers fall under federal OSHA jurisdiction. "State plans" operate state-level OSHAs that cover most private-sector workers and all state and local government workers.

Sources: Occupational Health and Safety Administration data

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What are the threats to federal workplace health and safety protections?

Threats to federal workplace health and safety protections include:

• Diminishing capacity to enforce or develop workplace safety standards: OSHA has long been understaffed and underfunded. Federal and state OSHAs collectively employ fewer than 2,000 inspectors to cover 161 million workers; it would take the agency 185 years to inspect every U.S. workplace just once. Trump administration actions have already significantly exacerbated OSHA’s existing capacity and enforcement constraints, by:
  • Attempting to close OSHA and MSHA offices, as well as attempting to eliminate NIOSH;
  • Issuing guidance allowing OSHA staff to reduce certain employer OSHA violation penalties by up to 70%; and
  • Announcing self-audit programs that carve out inspection exemptions for employers. These programs reduce the agency’s enforcement powers and create a system that relies on self-policing and individual companies’ voluntary adherence to the law.
• Restricting the General Duty clause: Trump’s Department of Labor has proposed carving out exemptions to this foundational OSHA protection, which ensures that employers have a basic obligation to protect workers from known and preventable dangers not covered by other OSHA regulations. This rule change would exempt certain industries from this obligation and has dangerous implications for the future of OSHA.
• Blocking or delaying long-overdue standards on serious hazards like silica dust or heat exposure: The Trump administration has already paused enforcement of a new mine safety rule on silica exposure that would prevent black lung disease and death from silicosis among coal miners. It is widely anticipated that the administration will block or weaken a proposed new OSHA standard to protect workers from extreme heat exposure.

How can states maintain and strengthen workplace health and safety protections?

State authority to enact and enforce health and safety standards depends on whether a state is a “federal OSHA” or “state plan” state, as follows:

• Federal OSHA states are preempted from enacting standards in areas already addressed by federal OSHA but can still enact policies covering areas of occupational health and safety not addressed by federal law.
• States with state OSHA plans have authority to enact standards that exceed the federal floor—for example, by strengthening existing standards or adopting standards in additional areas, as well as strengthening enforcement programs and imposing civil monetary penalties that exceed federal amounts.

Step I: Update state laws and standards to lock in current federal protections

In state plan states, OSHA standards and enforcement must be at least as strong as the floor set by federal OSHA. However, many state plan states have not achieved this basic standard. Meanwhile, federal OSHA states run the risk of leaving workers unprotected if federal OSHA standards are eliminated or enforcement is further weakened.

Federal OSHA states should:

1. • Ensure OSHA coverage for all public employees: Federal OSHA excludes millions of workers from its protections because it does not cover state and local government employees. Six federal OSHA states have passed protections covering all public employees, but 23 federal OSHA states and the District of Columbia have not yet taken necessary steps to extend protections to state and local government employees. All federal OSHA states should extend coverage to public-sector workers, as is currently under consideration in Pennsylvania. (Because state OSHA plans often struggle with underfunding and capacity constraints that limit their effectiveness, advocates should remain aware that extending coverage to public employees under this model is an important short-term solution, while a best-case long-term scenario would be an expanded federal OSHA that covers all private- and public-sector workers).
   • Pass worker health and safety trigger laws: Federal OSHA states cannot strengthen or adopt standards in areas already regulated by federal OSHA. However, states can safeguard against the possibility of existing federal standards being eliminated by passing legislation to automatically incorporate into state code any eliminated federal standards to ensure workers are not left unprotected. For example, a recently enacted Illinois law directs state agencies to ensure state wage and hour, occupational health and safety, and mine safety standards remain at least as protective as existing federal standards in the event that certain federal protective standards are eliminated.

State plan states should:

• • Ensure full adoption of all current federal standards: Too many state plan states have track records of failing to adopt required new federal standards in their OSHA plans. For example, during the COVID-19 pandemic, the state of Arizona failed to adopt an emergency temporary standard (ETS) for health care workers and failed to align with federal OSHA’s new increase in penalties. After federal OSHA threatened to revoke Arizona’s state plan privilege, the state met its obligations to adopt these standards and penalty increases. Some states, like Kentucky, have failed to update their penalty policy to align with federal minimum standards.

Step II: Close critical gaps in workplace health and safety protections

• All states should adopt standards in key areas federal OSHA fails to cover: Federal OSHA lacks standards in several areas where workers face serious and ongoing workplace hazards, but intense industry opposition has blocked or stalled federal OSHA rulemaking. Fortunately, all states have latitude to adopt their own standards in these areas and can do so by drawing on existing, evidence-based proposals already developed (but not enacted) by federal OSHA, relying on recommendations from NIOSH, or replicating strong standards already implemented in other states.
  • Heat exposure: Heat is a serious and deadly hazard for many workers. There is currently no federal heat standard; it is unlikely that the proposed protection moving through the rulemaking process will be finalized. In the absence of a federal standard, several states have implemented their own state heat standards, which vary in strength and coverage. Lawmakers seeking model policies can look to states like California, Maryland, and Oregon, where strong heat standards apply to both indoor and outdoor workplaces and there are clear temperature thresholds for when protections kick in.
  • Wildfire smoke: Wildfires are becoming more frequent and severe, yet there is no federal OSHA standard requiring protection from wildfire smoke. States can follow the lead of California, Oregon, and Washington, which have all promulgated rules that require employers to follow protocols to protect many workers, not just responders. Outdoor and indoor workers need protection from wildfire smoke when airborne particulate matter reaches a certain concentration threshold.
  • Ergonomics: Ergonomic hazards like repetitive lifting, twisting, and forceful hand and wrist motions have long been a leading source of workplace injuries, especially in industries like warehouse work, meat processing, health care, and construction. A federal ergonomics standard was enacted in 2000 but then promptly repealed by Congress. A few states have passed rules to protect workers in certain industries from musculoskeletal disorders, such as hotel housekeepers in California and meatpacking workers in Minnesota. New York recently passed a warehouse worker protection act that includes specific protections against musculoskeletal disorders, among other workplace health and safety concerns.
  • Workplace violence: Workplace violence has worsened over the past five years and is now the third-leading cause of death on the job, yet federal efforts to implement a workplace violence standard have so far been unsuccessful. California, however, is in the process of developing a general standard for workplace violence protections after the state legislature passed SB 553 and mandated comprehensive protections. Cal/OSHA had already implemented a workplace violence prevention standard for employees in health care industries. Several other states proposed standards this year.
  • Infectious disease: In the absence of a federal OSHA standard on airborne or aerosolized infectious disease, U.S. workers—particularly health care workers, low-wage workers, and workers of color—continue to face high risk of workplace exposure during major infectious disease outbreaks. A 2021 OSHA Emergency Temporary Standard established to address COVID-19 in health care settings was withdrawn six months later and OSHA’s stated intent to develop a broader infectious disease rule for health care remains in limbo. During the pandemic, at least 14 states implemented temporary COVID-19 worker safety protections. Other states, such as New York, have adopted limited infectious disease standards. Unfortunately, no state has adopted a comprehensive, enforceable measure yet.
  • Right to refuse work under dangerous conditions—including during climate emergencies: While federal OSHA law has some retaliation protections for workers refusing to work under dangerous conditions, they are weak and largely unenforced. It is therefore urgent that states take steps to ensure that workers may refuse to work under dangerous conditions without being subject to retaliation—and that they continue to be paid so long as the dangerous workplace condition remains unremedied. The need for this protection is only increasing as the climate crisis causes more severe and more frequent emergencies. Some states—such as California and Oregon—and localities like Miami-Dade County, Florida, have enacted laws that prohibit employers from taking adverse action against non-essential workers who refuse to continue work when emergency conditions are present or imminent.
  • Mandate injury and illness prevention programs (IIPPs): Federal OSHA does not have a specific standard to require an IIPP but has issued formal recommendations that employers adopt comprehensive safety programs. Several states, including California, Minnesota, and Washington, have created regulations that require that employers implement an injury and illness prevention plan.
  • Strengthen anti-retaliation protections for workers that voice concerns about safety and health hazards: Though federal OSHA law contains some language on protecting workers from retaliation when exercising their rights under the law, the provisions are weak and the OSHA offices that enforce the provisions are critically understaffed. Providing workers with a private right of action so that they may go to court if they are retaliated against is critical for ensuring workers are protected. States with existing whistleblower laws should expand them to protect workers who notify fellow workers or the public about workplace hazards (not just workers who file complaints).
• State plan states should strengthen existing standards: State plan states should increase protections for workers by implementing stronger versions of existing weak or outdated federal standards. State plan agencies can look to states like California and Washington, whose OSH agencies regularly pass the nation’s most stringent standards, for guidance.

Step III: Use proven strategies to increase effectiveness of enforcement, encourage compliance, and expand community awareness

• State plan states should implement targeted, more effective enforcement and penalty strategies. They should:
  • Increase agency resources and staff: Where possible, states should dedicate more resources to their state OSH agency. Like federal OSHA, state plans are plagued with staffing shortages that severely limit their ability to carry out regular, sufficient inspections. As of 2024, state plan states had an average ratio of one OSHA inspector per 84,937 employees.
  • Increase penalties to meaningful levels: Penalties are effective for deterring violations only if they’re substantial enough to compel employers to take notice and remove hazards. While state plans are required to maintain statutory maximum penalties that are at least equivalent to those of federal OSHA, Kentucky is one of several states that has failed to raise its penalties after Congress required OSHA to raise its penalties in 2016 and index them to inflation. There are also often significant disparities between the already low average penalties assessed by federal OSHA and the average penalties assessed by state plans, even among those that have adopted new maximums. In fiscal year 2024, the average penalty for a serious violation under federal OSHA was $4,083, compared with an average penalty under state OSHA plans of only $2,580. These penalties are far too low to serve as effective deterrents; state plan states should raise penalty rates substantially across the board. In addition, states should resist adopting the new federal OSHA penalty reduction policy that the Trump administration announced in July.
  • Implement instance-by-instance citations: States can use instance-by-instance citations to cite and fine employers for each individual iteration of a willful and serious violation. This strategy can have a significant impact by compounding OSHA’s otherwise low penalties. Washington’s Department of Labor & Industries, for example, fined a manufacturing company over $2 million after it found 31 willful serious, seven willful general, 94 serious, and more than 40 general violations across three of the corporation’s locations. 
  • Cite all involved employers for violations: It is often the case that companies do not directly employ many of the workers who perform tasks for them—work is often outsourced via other entities such as subcontractors, temporary agencies, and workers misclassified as independent contractors. Multiple employers may also operate at the same site. Federal OSHA has maintained a multiemployer policy since the 1970s, but it is underutilized and not regularly enforced. When workers’ safety rights are violated in situations that involve multiple employers, state plans should cast as wide a net of responsibility as is legally feasible and hold all involved companies that possess control over working conditions financially responsible.
  • Require workplace hazards to be addressed while citations are being contested: Federal OSHA and most state plans do not require employers to abate workplace hazards identified during an OSHA inspection while that violation is being contested. State plan states should require employers to address recognized hazards whether they appeal the violation or not, as is done in Washington.
• Monitor and expose routine violators: Federal OSHA’s Severe Violator Enforcement Program designates agency resources toward inspecting and monitoring employers that have “demonstrated indifference” to their OSH Act obligations. Severe violators are subject to additional inspections and are publicly listed on the Severe Violator Enforcement Program Log. This program has been found to be effective at deterring violations by peer employers. States can implement a state-level “wall of shame” like New Jersey’s Workplace Accountability in Labor List (WALL), a publicly accessible list of employers with outstanding wage/benefit theft or tax liabilities, and can issue press releases publicizing serious and willful violations by employers.
• Provide or require workers’ rights education: States can mandate that both youth and adults receive education on workplace health and safety and their rights under OSHA. For high school students, “workplace readiness” curricula—like the one implemented in California and those proposed in other states—can include education on workplace rights including health and safety protections. States can implement use of NIOSH’s “Youth@Work—Talking Safety” curriculum in schools and develop state-level versions of programs like the federal Susan Harwood Training Grants Program, which provides funding to nonprofit organizations to provide workplace health and safety training—particularly to marginalized workers in high-hazard industries.

Where to go next

This document is designed to be a primer on OSHA, as well as to provide insight into the complex relationship between the federal OSHA and state plan states. It is a first step for those interested in improving worker health and safety conditions in their state. It does not provide enough details to guide drafting of laws or regulations for your state. If you are interested in advocating for specific policies mentioned in this brief, please contact us at earn@epi.org. We will be happy to connect you with relevant health and safety experts and organizations for further technical assistance.

Additional recommended resources:

• AFL-CIO’s Death on the Job report
• AFL-CIO’s resources for workers
• Health & Safety resources from National Employment Law Project
• National Council for Occupational Safety and Health
• Workplace Justice Lab at Rutgers University

Acknowledgments

The authors are grateful to Debbie Berkowitz and Rebecca Reindel for their expertise and guidance.

1. These states are Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. Puerto Rico also operates a state plan.

2. These states are Connecticut, Illinois, Maine, Massachusetts, New Jersey, and New York. The Virgin Islands also operate a hybrid plan.