OSHA State Plans on the Lockout/Tagout Regulations

The Occupational Safety and Health Administration (OSHA) is a federal agency in charge of enforcing workplace rules for worker safety. OSHA standard 29 CFR 1910.147 lays out the requirements for controlling hazardous energy in the workplace. When followed correctly, these procedures are estimated to prevent around 50,000 injuries and 120 fatalities annually across the U.S.

The regulation requires the lockout and tagout of equipment or machinery that, if unexpectedly energized, could harm workers during servicing or repair. Hazardous energy can pertain to electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other kinds of energy that can be potentially harmful.

Although Federal OSHA sets national standards on occupational safety and health, more than half of the US states have their own programs run by their respective state departments, known as State Plans. If a state operates an OSHA-approved State Plan, it must meet or exceed the federal standards. This article outlines how OSHA State Plans function, how to identify your applicable jurisdiction, and what it means for Lockout/Tagout compliance.

Key Takeaways

• OSHA-approved State Plans are workplace safety programs run by individual states and are required to be at least as effective as the federal OSHA program.

• Twenty-one states and Puerto Rico operate an OSHA-approved State Plan covering both private and public sector workers.

• Six states and the U.S. Virgin Islands have OSHA-approved workplace safety and health programs operated by the state, covering only state and local government employees.

• States without an OSHA-approved state plan have workers covered by federal OSHA, with a focus on occupational safety and health enforcement.

• Understanding whether your organization falls under state or federal OSHA jurisdiction directly affects compliance obligations, including lockout tagout procedures.

What Is an OSHA-Approved State Plan?

An OSHA-approved State Plan is a workplace safety enforcement program that a state or territory runs independently of the federal government. This was created to let states manage and enforce their own occupational safety and health programs, recognizing that a one-size-fits-all federal approach doesn’t always fit the unique industries, risks, and workforce conditions in every state.

OSHA State Plans programs are monitored by OSHA and must demonstrate they are at least as effective as the federal OSHA program in protecting worker health and safety. There are three primary types of enforcement structures in the United States:

1. OSHA-Approved State Plan: The state has an OSHA-approved occupational safety and health program that governs both the private sector and workers within the state and local government.

2. OSHA-approved State Plan for the Public Sector: The state has an OSHA-approved occupational safety and health program, but only for the public sector. The private sector workers are governed by the federal OSHA.

3. Federal OSHA Jurisdiction: The state has no OSHA-approved occupational safety and health program. Most private sector workers within the state are governed by federal OSHA. It may or may not have a non-OSHA-approved program that governs the public sector.

Why State Plans Matter for Compliance?

State Plans matter for compliance because they establish state-specific workplace safety regulations that can differ from or exceed federal OSHA standards. Organizations in these states must follow the state’s rules, which may include stricter safety requirements, unique reporting processes, and different enforcement of lockout tagout procedures. 

Compliance means understanding and applying the correct standards for your location, especially for companies operating in multiple states. Patrick Miller, an attorney with Taft in Denver, commented, "It can be difficult for employers with multistate operations to get a handle on the nuances under each plan." 

For example, a company operating in California must comply with Cal/OSHA standards, even if it already meets federal requirements elsewhere. Failing to do so can result in violations, fines, or unsafe working conditions.

How Does OSHA Evaluate State Plan Performance?

To maintain approval, every state OSHA plan is reviewed by federal OSHA through a formal process known as the Federal Annual Monitoring Evaluation (FAME). This evaluation checks whether the state’s enforcement, outreach, and standards meet federal benchmarks for occupational safety and health. Key elements of the review include:

• • Inspection Activity: Frequency, quality, and documentation of workplace inspections

  • Standard Adoption: Whether the state adopts new or revised OSHA standards on time

  • Citation Consistency: How well enforcement aligns with national policy in terms of penalty amounts and violation classifications

  • Complaint Response Time: How quickly the state responds to worker complaints or reports of unsafe conditions

  • Injury and Fatality Trends: Reviewing how effective the program is at preventing serious incidents

If a state falls short, OSHA may require a Corrective Action Plan (CAP). Continued failure to meet federal requirements can lead to a partial or full withdrawal of the state’s plan. These evaluations are public, giving employers and their workers transparency into how well their state is managing safety enforcement. Employers in state OSHA plan states should review FAME reports regularly to understand trends, enforcement priorities, and potential regulatory changes.

OSHA-Approved State Plan for the Private and Public Sector

OSHA-approved State Plan for the Public Sector

Federal OSHA Jurisdiction

In states without State Plans or federal laws on workplace safety in the public sector, there’s often a major gap in protections. This means state and local government employees aren’t legally guaranteed safe working conditions under federal or state occupational safety rules. They rely instead on internal workplace policies, union protections, or workers’ compensation if injuries occur.

Worker Rights in the State Plan

All OSHA-approved State Plans are required to provide worker protections that are at least as effective as federal OSHA. This includes:

1. The right to a safe and healthy workplace

2. The right to report hazards or unsafe practices

3. Protection from retaliation

4. Access to safety records and procedures

5. The ability to participate in inspections or file complaints

While the rights may be guaranteed on paper, how they're enforced and how accessible they are to workers can vary by state. Other states may lag in these areas due to limited staffing, budget constraints, or political factors. 

“Some states have rules that are more stringent than the federal requirements, and some have standards that are not addressed by federal OSHA,” said Bradford Hammock, an attorney with Jackson Lewis in Washington, D.C. He pointed to California and Washington as examples of states with more expansive and detailed OSHA-approved State Plans that often go beyond the baseline set by federal OSHA.

How to Implement Compliant Lockout Tagout Programs

Building a lockout tagout program that meets legal requirements and protects workers starts with understanding which OSHA jurisdiction applies to your workplace. Whether you follow federal OSHA or a state OSHA plan, your procedures must align with the applicable version of 29 CFR 1910.147 or the equivalent state regulation. Here’s how to get it right:

1. Know Your Jurisdiction: Determine whether your facility is regulated by federal OSHA or a state plan. This affects which rules you must follow, and in some states, the Lockout/Tagout standard includes additional steps not found in the federal version. Check the OSHA State Plans map or contact your local OSHA office to confirm.

2. Develop a Written Energy Control Program: A compliant program includes a clear, written plan outlining how hazardous energy will be controlled. If your state requires more frequent audits or expanded training, include that in your documentation.

3. Perform Regular Audits and Retraining: Annual audits are the federal minimum, but some states require more frequent evaluations. Retraining should occur after audits, incidents, or when gaps in understanding are identified.

4. Keep Records and Documentation Ready: Maintain records of written procedures, training sessions, audit results, and corrective actions. This documentation is critical during an inspection and may be reviewed differently depending on your OSHA jurisdiction.

Expert Insights

“Stay on top of the state plan regulations. Assuming the state plan has the same regulations as federal OSHA may be a safe bet 80 percent of the time, but the differences can burn you." — John Martin, an attorney with Ogletree Deakins in Washington, D.C.

OSHA State Plans FAQs

Does OSHA cover state and local government?

Federal OSHA does not cover state and local government employees, but many state OSHA plans do. If your state has a public-sector-only plan, those workers are covered under that state’s program.

If my state follows federal OSHA standards, do I need to check state regulations at all?

Yes. Even if your state uses federal OSHA standards, it may have other labor, environmental, or industry-specific rules that apply.

Do State Plans have the same reporting and recordkeeping requirements as federal OSHA?

Generally, yes. However, some state OSHA plans may have additional or more detailed reporting obligations. It’s best to check your state’s specific rules.

Can State Plans impose higher fines or stricter penalties than OSHA?

Yes. States with OSHA-approved plans can set higher penalties and stricter enforcement measures than those imposed under federal OSHA.

How do you file a workplace safety and health complaint in a State Plan?

You file directly with your state’s OSHA agency. Most offer online forms, phone hotlines, and walk-in options. Contact details are listed on the official OSHA State Plans webpage.