Who OSHA Does Not Cover
The OSH Act covers most private-sector employers and their workers in all 50 states and U.S. territories, even a business with just one employee. But some people and some kinds of work fall outside it, and other agencies or laws protect them instead.
- All workers
- Employers
Not covered, or covered by someone else
| Who | Why | Who protects them |
|---|---|---|
| Self-employed people with no employees | The OSH Act covers employers and employees. A true sole proprietor working alone isn’t an employee. | No one directly. On a multi-employer site, the GC’s rules still apply to you. |
| Immediate family on family farms with no outside workers | Excluded by OSHA’s regulations | No one directly |
| Miners | Another federal agency regulates mine safety | MSHA. See MSHA vs. OSHA. |
| Truck driving on the road | Driver safety on the highway is regulated by DOT | FMCSA. OSHA still covers loading docks, warehouses and work around the truck. |
| Flight crews while the aircraft is in operation | Regulated by the FAA | FAA. OSHA still covers ground crews and hangars. |
| Seamen on inspected vessels | Regulated by the Coast Guard | U.S. Coast Guard. OSHA covers many shipyard and longshore workers. |
| Nuclear radiation hazards at licensed facilities | Regulated by another agency | Nuclear Regulatory Commission (OSHA covers other hazards) |
| Household workers hired privately (nannies, housekeepers) | OSHA policy excludes people who hire others for work in their own home | State labor laws may help. Workers sent by a cleaning or home care company are covered. |
| State and local government workers in states without a state plan | The OSH Act doesn’t cover states and cities as employers | Covered only in states with an OSHA-approved state plan, including public-sector-only plans. See State Plans Overview. |
| Federal workers | Covered differently: each agency must run its own safety program | The agency, with OSHA oversight. OSHA can’t fine most federal agencies (the Postal Service is an exception). |
“Independent contractor” labels: Many workers are told they’re contractors when the law says they’re employees. If the company controls how, when and where you work and supplies the tools, you’re probably an employee and OSHA protects you. See Misclassification.
Covered, but with fewer requirements
- Small farms: Congress bars OSHA from spending money to enforce rules on farms with 10 or fewer workers and no temporary labor camp in the past year.
- Small employers: businesses with 10 or fewer employees usually don’t have to keep the OSHA 300 injury log, but they must still report severe injuries. See OSHA for Small Contractors.
- Low-hazard industries (such as many offices and stores) don’t have to keep the routine injury log.
- Very small low-hazard businesses (10 or fewer workers) are exempt from routine scheduled safety inspections. They must still follow the standards and can be inspected after a complaint or a serious injury.
Covered no matter what
- Workers of any immigration status. See Immigrant Workers.
- Temporary and staffing agency workers. See Temp & Staffing Workers.
- Part-time, seasonal and teen workers.
- Workers at religious organizations doing non-religious work, like maintenance and construction.
If OSHA doesn’t cover you
- Your state may have its own safety, wage or whistleblower law that does.
- Workers’ compensation usually covers employees even when OSHA doesn’t, and some states let sole proprietors buy coverage.
- If you’re self-employed, the safety rules are still the best way to avoid getting hurt. Follow them anyway.
Standards & references
- OSHA: About OSHA and who is covered
- OSH Act Section 4: Applicability of the Act
- 29 CFR 1975: Coverage of employers under the OSH Act
- See also: What Is OSHA? · Your Rights as a Worker
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