If you want to do something about health and safety conditions at work, it's a good idea to have a basic understanding of the laws and regulations that apply. In this page you can click on any of the highlighted words to see more information about each subject.

In the U.S. and in U.S. territories under federal jurisdiction, such as Puerto Rico and the Virgin Islands, most workers are covered by a federal law, the Occupational Safety and Health Act (the OSH Act), which provides the legal framework for the work of the Occupational Safety and Health Administration (OSHA).

What Workers Are Not Covered by OSHA?

If you work for a private employer (that is, any employer that is not part of government), you are covered by OSHA or another federal agency with specialized jurisdiction, such as the Mine Safety and Health Administration (miners) or the Coast Guard (seafarers). The only exceptions are self-employed persons, privately-employed domestic workers who work in the home of their employer and people who work on a farm where all the employees are part of the farmer's immediate family.

The largest group of workers who are not under OSHA jurisdiction are in the public sector. Some public-sector workers are covered by OSHA, but many are not. Federal agencies are under OSHA jurisdiction, but state and local government employees in 26 states and four U.S. territories are not covered by the OSH Act. (Click here for a list of states and territories where public sector workers are not covered by the OSH Act.) Public-sector workers who are not covered by the OSH Act may be covered by state safety and health laws, which vary from state to state.

In New York State, state and local government workers are under the jurisdiction of the Public Employee Safety and Health bureau of the New York State Department of Labor (PESH). PESH operates under the authority of Sections 27 to 32 of the New York State Labor Law. It enforces standards that are almost identical to OSHA standards.

What Is an "OSHA Standard"?

In addition to the OSH Act, OSHA enforces detailed regulations that are published in Title 29 of the Code of Federal Regulations. Most OSHA regulations are called "standards." Standards have been written to protect workers from many different on-the-job hazards, such as noise and asbestos. There are also standards for equipment, such as ladders and cranes. Other standards require specific kinds of training for certain workers, such as forklift operators or healthcare workers and others who may be exposed to bloodborne infections. Click here for a page with links to all OSHA standards.

If there is no standard that applies to a particular on-the-job hazard (for example, there is no standard to protect workers from ergonomic hazards or from on-the-job violence) OSHA can still try to protect a worker by enforcing the general duty clause of the OSH Act. The general duty clause makes it illegal for an employer to expose workers to "recognized hazards."

States and Territories where State and Local Government Employees Are Not Covered by OSHA regulations

American Samoa, Alabama, Arkansas, Colorado, Florida, District of Columbia, Delaware, Georgia, Guam, Idaho, Illinois, Kansas, Louisiana, Massachusetts, Maine, Missouri, Mississippi, Montana, North Dakota, Nebraska, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Trust Territories of the Pacific, Texas, Wisconsin, West Virginia. Click here to return to the introduction to health and safety laws and regulations.

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