Are state and local government employers covered by federal OSHA 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses?

The answer is complex. No, federal OSHA does not cover state and local government employers. This is a gap in the Occupational Safety and Health Act. However, state and local government employers ARE covered under the equivalent (or more stringent) state laws and regulations in the states that operate OSHA-approved state plans. For the remaining states that are not approved by OSHA, the answer depends if the state has independently adopted federal OSHA 29 CFR 1904 or not for its state and local government employers.

Just over half of the states operate an OSHA-approved state plan. State-plan state requirements must cover these state and local government sector workplaces and require the recording and reporting of work-related injuries and illnesses.

Note that when federal OSHA issues a final rule to change the requirements at 29 CFR 1904, then within six months after publication of the federal OSHA rule, state plans must promulgate occupational injury and illness recording and reporting requirements that are substantially identical to those in 29 CFR 1904.

Specifically, state plans must have the same requirements as federal OSHA for determining which injuries and illnesses are recordable and how they are recorded, according to 29 CFR 1904.37(b)(1). All other Part 1904 injury and illness recording and reporting requirements (for example, industry exemptions, reporting of fatalities and hospitalizations, record retention, or employee involvement) that are promulgated by state plans may be more stringent than, or supplemental to, the federal requirements. However, because of the unique nature of the national recordkeeping program, states must consult with federal OSHA and obtain approval of such additional or more stringent reporting and recording requirements to ensure that they will not interfere with uniform reporting objectives.

For more information, see 29 CFR 1904.37, along with any state-plan state laws and regulations for occupational injury and illness recording and reporting.