What a State Plan is
A State Plan is a workplace safety program run by a state and approved by federal OSHA. The state writes or adopts its own standards, runs its own inspections and issues its own citations. OSHA monitors the plans, and each one must be at least as effective as federal OSHA in protecting workers.
"At least as effective" sets a floor, not a ceiling. Many states adopt the federal standards word for word. Others add their own rules or write separate standards, and some charge higher penalties.
States with plans covering private employers
These 22 State Plans cover private sector workers as well as state and local government workers. If you're a private contractor working in one of them, the state program is your regulator:
| State Plans | Who they cover |
|---|---|
| Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming | Private sector employers and state and local government employers |
| Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, U.S. Virgin Islands | State and local government employers only. Private contractors in these states are covered by federal OSHA. |
| All other states and territories | Federal OSHA covers private sector employers. |
If you work across state lines, check the plan for each state you work in. A crew based in Idaho (federal OSHA) that takes a job in Washington or Oregon is under that state's rules for that job.
Notable differences for construction crews
| State | What's different |
|---|---|
| California (Cal/OSHA) | Every employer needs a written Injury and Illness Prevention Program (8 CCR 3203), covering hazard identification, inspections, investigation, correction and training. Construction employers also need a written Code of Safe Practices and must hold toolbox or tailgate safety meetings at least every 10 working days (8 CCR 1509). |
| Washington (L&I, DOSH) | Construction employers need a written accident prevention program tailored to their work. Crew leader and crew safety meetings are required at the start of each job and at least weekly after that, with attendance and topics recorded and minutes kept for at least a year (WAC 296-155-110). |
| Oregon (Oregon OSHA) | Employers need a safety committee or safety meetings, depending on their size and setup. Construction employers using safety meetings must document each one (date, attendees, hazards discussed) and keep the records for three years (OAR 437-001-0765). |
| Michigan (MIOSHA) | Construction is regulated by MIOSHA's own numbered standards, such as Part 45 Fall Protection, Part 9 Excavation, Trenching and Shoring, and Part 12 Scaffolds. Check the Michigan standard rather than assuming the federal text applies. |
In practice, a well-run JHA process covers much of what these states expect: hazards identified before work, controls written down, the crew briefed, and a record of who attended. See does OSHA require a JHA? for the federal position.
USA / JHA drafts
Talk it through instead of starting from a blank form.
Explain the job out loud and SOPmate drafts an editable JHA you can check with your crew.
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What to do if you work in a State Plan state
Find your regulator
Use OSHA's State Plans page to confirm who covers your work. It links to each state's program.
Check the written program rules
California, Washington and Oregon all expect something in writing beyond federal OSHA. Know what yours needs before an inspector asks.
Check the standard, not just the topic
If your state writes its own standards, thresholds and wording can differ. Read the state version for high-risk work like falls, excavations and scaffolds.
Keep meeting and training records
Several states require dated records of safety meetings with attendee names. A signed JHA briefing can serve as that record if it captures the right details. See toolbox talks.
Fines and penalties
State Plans set their own penalties. Their maximums must be at least as effective as federal OSHA's, and states may charge more. Federal OSHA's maximums give you the baseline:
| What goes wrong | What you can face |
|---|---|
| Serious or other-than-serious violation, such as no written program where the state requires one | Federal maximum of $16,550 per violation (2026). State maximums are at least as effective and can be higher. |
| Willful or repeated violation | Federal maximum of $165,514 per violation (2026). |
| Failure to abate a cited hazard | Federal maximum of $16,550 per day beyond the abatement date (2026). |
| Imminent danger on site | Federal OSHA can seek a court order to stop the work. Check your state program for how it handles imminent danger. |
| A worker is seriously hurt or killed | Higher penalties for willful or repeat findings and possible criminal referral. Citations are appealed to a state review board or equivalent, not the federal commission. |
OSHA didn't increase federal penalties for 2026, so the 2025 amounts still apply. State Plans aren't required to fine state and local government employers. Check your state program for its current figures.
Common mistakes
- Assuming federal OSHA applies everywhere. If your state has a plan covering private employers, the state program inspects you and its rules apply.
- Assuming a public-employee-only plan covers you. In Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York and the U.S. Virgin Islands, private contractors stay under federal OSHA.
- Taking one state's paperwork to another. A program written for federal OSHA may be missing pieces California or Washington expect.
- Holding safety meetings but not recording them. Where a state requires records, an undocumented meeting is hard to prove.