There are 28 OSHA-approved state plans: safety and health programs operated by individual states instead of federal OSHA. Section 18 of the OSH Act encourages states to develop and operate their own job safety and health programs.
The OSH Act of 1970 and 29 CFR Part 1956 allow states and territories to establish plans that cover only state and local government employees – workers who are excluded from federal coverage. Once a State Plan is approved, OSHA funds up to 50 percent of the program’s costs.
It is interesting to note that state plans are required to have standards and enforcement programs that are at least as effective as OSHA’s and may in fact have different or more stringent requirements.
In Maryland, MOSH, the Maryland Occupational Safety and Health, has jurisdiction over all public and private workplaces with the exception of federal employees; the United States Postal Service; most private sector maritime activities (shipyard employment, marine terminals, and longshoring); and military bases which are covered under OSHA jurisdiction.
OSHA monitors and evaluates State Plans annually through the Federal Annual Monitoring Evaluation (FAME) process. This process is used to: determine whether the State Plan is continuing to operate at least as effectively as OSHA, track a State Plan’s progress in achieving its strategic and annual performance goals, and ensure that the State Plan is meeting its mandated responsibilities under the Act and other relevant regulations. Recent and archived FAME reports for each State Plan can be found here.
State Plans also have their own system for review and appeal of citations, penalties, and abatement periods. The procedures are generally similar to OSHA’s, but cases are heard by a state review board or equivalent authority.
OSHA has an online directory of states with approved plans as well as contact information.
Maine is one of the most recent states to implement an approved safety plan, which became effective in August, 2015. The first step in the process is for a state to gain OSHA approval is to become a Developmental Plan. During this process, a state must assure OSHA that within three years it will have in place all the structural elements necessary to be deemed effective. These elements include: appropriate legislation; regulations and procedures for standards setting, enforcement, appeal of citations and penalties; a sufficient number of qualified enforcement personnel.
For more information, and all your construction safety concerns, contact our offices at Diversified Safety Services.
