OSHA Coverage for Public Employees
Many people assume that OSHA covers every worker. It doesn’t. Whether OSHA protects you depends on who your employer is and where you work. Government workers have a patchwork of rules: federal employees, state workers, and city, county and school employees can each be under a different system, and in some states, local government workers have no OSHA coverage at all.
- Public Employees
- Municipal Workers
- Teachers & School Staff
- California
- Connecticut
- Illinois
- Maine
- Michigan
- Minnesota
- New Jersey
- New York
- Oregon
- Washington
The basic rule
- The Occupational Safety and Health Act covers private-sector employers and, through federal programs, federal agencies.
- The Act does not directly cover state and local government employees, such as workers for states, counties, cities, towns, school districts, public hospitals and fire and police departments.
- The Act lets states run their own occupational safety and health plans (“state plans”), and to be approved, a state plan must cover state and local government workers, too. So in a state plan state, public employees are covered, and in a federal OSHA state, they usually are not. See State Plans Overview and Who OSHA Doesn’t Cover.
Federal employees
- Federal agencies are not under OSHA enforcement the way private employers are, but federal agencies must follow an OSHA-style safety program under a presidential executive order (Executive Order 12196) and the OSH Act, and OSHA standards generally apply to them.
- OSHA helps and oversees federal agency programs through its Federal Agency Programs staff. It can inspect federal workplaces in response to complaints and has some authority to issue notices of unsafe conditions, but it doesn’t issue penalties to agencies.
- The U.S. Postal Service is treated like a private employer for OSHA purposes and is covered, with some differences.
- Federal employees can report hazards to their agency safety office and to OSHA, and are protected from reprisal. Federal workers also use workers’ compensation through the Federal Employees’ Compensation Act. See Filing a Workers’ Comp Claim.
State and local government employees
| Where you work | Are public employees covered? |
|---|---|
| State plan state covering private and public workers | Yes. The state agency enforces safety rules for both private employers and state and local government workers. Examples: California, Washington, Oregon, Michigan, Minnesota and others. See State Plan Directory |
| State plan covering only public employees | Yes for public employees, with federal OSHA covering private employers. Connecticut, Illinois, Maine, New Jersey, New York and the U.S. Virgin Islands have such plans. See your state’s page, and note that details differ |
| Federal OSHA state (no state plan) | Generally no OSHA coverage for state and local government employees. Some states have other laws, boards or agencies that protect them, and some public employers follow OSHA standards voluntarily |
- Check your state. Plans and coverage change, and each state has its own details. See States Covered by Federal OSHA.
- Even where public employees aren’t covered by OSHA, private contractors working for a government are covered as private employers. So are privately run services, such as a private company that runs a city’s trash pickup.
- Some local governments may be covered by other agencies, like mine safety (MSHA) or the Department of Transportation, for specific work.
What public employees can do
- Find out which system covers you. Ask your employer, union, human resources or your state labor department whether your state has a state plan that covers public employees.
- If you’re covered by a state plan, you have the same basic rights as private workers: a safe workplace, to file a complaint, to take part in inspections, to get information and training, and protection from retaliation. See Worker Rights, Whistleblower Protection and State Plan Complaints.
- If you’re not covered by OSHA, you still have options: report hazards to your supervisor, safety committee or union; contact your state labor or health department; and use workers’ compensation if you’re hurt. Some states have separate public employee safety laws, boards or commissions.
- Use your union. Many public employee unions negotiate safety terms in contracts, and union safety representatives can press for fixes. See Union Safety Representatives and How Unions Work.
- Put complaints in writing and keep copies. See reporting incidents.
- You can still use other laws, such as civil service rules, whistleblower laws for public employees and anti-discrimination laws. See Wrongful Termination.
- Public employers can also use OSHA’s free consultation service in some states. See OSHA Consultation.
Who are public employees at risk?
- Workers for public works, highways, water and sewer, parks, sanitation and building maintenance have hazards like those in the private sector: excavations, traffic, heavy equipment, chemicals and confined spaces. See Water & Sewer Utility Workers, Road Construction and Traffic Control Crews.
- School staff, health care workers, police, firefighters, EMS and corrections officers face violence, infectious disease, chemicals and fire hazards. See Workplace Violence and Infectious Diseases.
- Many public workers face the same risks as private workers, but without OSHA enforcement behind them in some states, which can leave dangerous gaps.
Employers: voluntary compliance
Public employers who aren’t covered by OSHA can, and should, follow OSHA standards as best practice, set up a safety and health program, train workers, keep injury records and use a safety committee. See Safety Programs, Employer Responsibilities and Voluntary Protection Programs (VPP). Federal agencies and many local governments have adopted OSHA-based programs.
Important differences to know
- Penalties: state plans may or may not fine public employers, and some use abatement orders instead. Check your state plan.
- Injury recordkeeping and reporting: public employers in state plan states often must keep OSHA-type logs and report severe injuries, and OSHA collects data from them in some programs. See Recordkeeping & Reporting.
- Right to refuse: public employees have different rights to refuse unsafe work, and these can be limited, such as for police and firefighters. See Imminent Danger.
- Laws and plans change, so always check the latest information from your state agency.
Public employee checklist
- I know whether my state has a state plan that covers public employees
- I know where to file a complaint, and I keep it in writing
- I know that private contractors working for the government are covered by OSHA
- I have asked my union or safety committee how safety issues are handled
- I know how to use workers’ comp and other laws if I’m hurt or punished
- My employer follows OSHA standards as best practice, even if not required
Standards & references
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