OSHA State Plans: does your state run its own OSHA? (2026)
Most people talk about "OSHA" as if it were one thing everywhere in the country. It is not. Roughly half the states run their own OSHA-approved safety agency, and some of them set rules that go beyond the federal minimum. If you operate in more than one state โ or you are expanding into a new one โ knowing whether you are under federal OSHA or a State Plan is the difference between meeting the rules and missing a requirement you did not know existed. This guide explains how State Plans work, which states have one, and what it means for you.
What a State Plan is
Under the OSH Act, a state can run its own occupational safety and health program instead of relying on federal OSHA, provided the state program is at least as effective as federal OSHA. OSHA approves and monitors these programs. A State Plan sets its own standards, runs its own inspections, and issues its own citations and penalties โ which is why, for example, California's Cal/OSHA and federal OSHA can differ on the details even though both enforce workplace safety.
How many states have one
There are 29 OSHA-approved State Plans. They split into two kinds. 22 of them cover both private-sector and state/local government workers (21 states plus Puerto Rico) โ these are full State Plans, and if you run a private business there, you answer to the state agency, not federal OSHA. The other 7 cover only state and local government employees (Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the U.S. Virgin Islands) โ in those, private employers are still under federal OSHA, but public-sector workers are covered by the state. Everywhere else โ including Texas โ private employers are under federal OSHA directly.
Why State Plans often mean stricter rules
Because a State Plan only has to be "at least as effective" as federal OSHA, states are free to go further โ and several do. State Plans can adopt standards federal OSHA has not, set lower exposure limits, require programs federal OSHA only recommends, or move faster on emerging hazards. The clearest example is California's requirement that nearly every employer have a written Injury and Illness Prevention Program (IIPP) โ a written safety program mandated by state rule for essentially all employers, where federal OSHA only recommends one. Oregon, Washington, Michigan, Minnesota, Nevada, Arizona and others each have their own wrinkles. The practical lesson: never assume the federal standard is the whole story in a State Plan state.
What it means if you work in several states
For a contractor or multi-site business, the takeaway is that "OSHA compliance" is not one fixed target โ it shifts by state. The core duties (a hazard-free workplace, hazard-specific written programs, training, recordkeeping) are constant, but the specifics โ which written programs are mandatory, what training is required, what an inspector will look for โ can change when you cross a state line. Recordkeeping is one area of consistency: the OSHA 300 log rules apply broadly, though some State Plans have their own reporting nuances on top. The safe approach is to hold a strong core safety program everywhere and layer the state-specific requirements on top of it, rather than treating each state as a blank sheet.
How to find your state's rules
Start by identifying whether your state is a full State Plan state, a public-only State Plan state, or under federal OSHA โ that tells you which agency you answer to. Then check that agency's site for the standards and written-program requirements specific to your industry, because that is where the differences live. If you operate across a mix, build to the strictest requirement you face and you will generally satisfy the others. A live compliance system helps here: rather than tracking each state's paperwork by hand, you keep one current program, training matrix and record set and adapt the requirements per location.
Questions, answered
How many states have their own OSHA?
There are 29 OSHA-approved State Plans: 22 cover both private-sector and state/local government workers (21 states plus Puerto Rico), and 7 cover only state and local government employees (Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the U.S. Virgin Islands). Everywhere else, private employers are under federal OSHA.
Are State Plan rules stricter than federal OSHA?
They can be. A State Plan must be at least as effective as federal OSHA but may go further โ adopting extra standards, lower exposure limits, or mandatory programs federal OSHA only recommends. California's mandatory written IIPP for nearly all employers is a well-known example.
Is Texas an OSHA State Plan state?
No. Texas is under federal OSHA jurisdiction for most private-sector workers โ it does not run its own OSHA program. Texas is also unusual in that workers' compensation is optional for private employers.
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