
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
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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.
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Twenty-one states and Puerto Rico operate an OSHA-approved State Plan covering both private and public sector workers.
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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.
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States without an OSHA-approved state plan have workers covered by federal OSHA, with a focus on occupational safety and health enforcement.
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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:
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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.
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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.
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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:
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Inspection Activity: Frequency, quality, and documentation of workplace inspections
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Standard Adoption: Whether the state adopts new or revised OSHA standards on time
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Citation Consistency: How well enforcement aligns with national policy in terms of penalty amounts and violation classifications
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Complaint Response Time: How quickly the state responds to worker complaints or reports of unsafe conditions
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Injury and Fatality Trends: Reviewing how effective the program is at preventing serious incidents
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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
State and Territory |
Administering Agency |
Specific Provisions |
Alaska |
Alaska Occupational Safety and Health Section (AKOSH) |
By reference to 8 AAC 61.1010, it adopts the federal standard for Lockout/Tagout. The state administrative code also adds a stricter requirement that prohibits the use of double block and bleed systems in the lockout/tagout process. This is mainly due to Alaska’s sub-freezing temperature, which would freeze pipe contents and thereby prevent draining. |
Arizona |
The Arizona Division of Occupational Safety and Health (ADOSH) |
As per AZ Admin. Code R20-5-602, the state adopts by reference the federal standard for the Control of Hazardous Energy (Lockout/Tagout) in general industry. |
California |
Division of Occupational Safety and Health (Cal/OSHA) |
Follows the federal rules for the control of hazardous energy. However, 8 CCR 3314 and 8 CCR §§2320.4 to 2320.6 include additional requirements for the maintenance and repair of certain electrical equipment. |
Hawaii |
Hawaii Occupational Safety and Health (HIOSH) |
As per HAR 12-67.2, it follows, by reference, the federal standard for the Control of Hazardous Energy (Lockout/Tagout) in general industry workplaces. |
Indiana |
Indiana Occupational Safety and Health Administration (IOSHA) |
As per 620 IAC 1-1-1, it adopts the federal standard for hazardous energy control in general industry settings. |
Iowa |
Iowa Occupational Health and Safety Administration (Iowa OSHA) |
As per IAC 875-10.20(88) and IAC 875-26.1(88), it follows federal standards for general industry and construction, including the requirements for lockout/tagout. |
Kentucky |
Kentucky Occupational Safety and Health (KyOSH) |
In charge of safety and health in all public and private workplaces, except for federal facilities. It adopts the federal standard for lockout/tagout of equipment in the general industry. However, 803 KAR 2:309 imposes stricter guidelines on the use of tags for energy-isolating devices. |
Maryland |
Maryland Occupational Safety and Health (MOSH) |
As per COMAR 09.12.31, it adopts by reference the federal requirements for hazardous energy control. |
Michigan |
Michigan Occupational Safety and Health Administration (MIOSHA) |
The MAC R. 408.18502 and R. 408.18599 adopt, by reference, the federal standard for hazardous energy control. |
Minnesota |
Minnesota Department of Labor and Industry (MDLI) |
As per MR 5205.0010, it adopts, by reference, the federal standard for the Control of Hazardous Energy (Lockout/Tagout). |
Nevada |
Division of Industrial Relations under the Nevada Department of Business and Industry |
As per NRS 618.295, it adopts by reference the federal hazardous energy control standard. |
New Mexico |
Occupational Safety and Health Bureau (OSHB) |
As per NMSA 50-9-13 and NMAC 11.5.2.9, the state adopts the federal standard for the Control of Hazardous Energy (Lockout/Tagout). |
North Carolina |
Occupational Safety and Health Division (OSH) under the North Carolina Department of Labor |
Under 13 NCAC 7F.0101 and 7F.0201, the state adopts, by reference, the federal standard for the Control of Hazardous Energy (Lockout/Tagout) in general industry and construction. |
Oregon |
Occupational Safety and Health Division under the Oregon Department of Consumer and Business Services |
OAR 437-002-0140 adopts the federal standard for hazardous energy control. It also adds another rule that limits access to keys or combinations to locks. |
Puerto Rico |
Puerto Rico Occupational Safety and Health Administration (PR OSHA) |
It adopts the federal standard for the Control of Hazardous Energy (Lockout/Tagout). |
South Carolina |
Division of Occupational Safety and Health under the South Carolina Department of Labor, Licensing, & Regulation |
As per R. 71 Subarticles 6 and 7, it adopts the federal standard for the Control of Hazardous Energy (Lockout/Tagout). |
Tennessee |
Tennessee Occupational Safety and Health Administration (TOSHA) |
According to Rule 0800-1-1-.06, it follows, by reference, the federal standard for hazardous energy control. |
Utah |
Utah Occupational Safety and Health Administration (UOSH) |
As per R614-1-4, it adopts, by reference, the federal standard for hazardous energy control. |
Vermont |
Vermont Occupational Safety and Health Administration (VOSHA) |
As per VAR 24-050-007, it follows, by reference, the federal standard for hazardous energy control. |
Virginia |
Virginia Department of Labor and Industry |
According to 16 VAC 25-90-1910, it follows the federal standard for hazardous energy control. |
Washington |
Washington State Department of Labor and Industry |
By reference, it follows the federal standard for hazardous energy control. However, WAC §§296-803-99 to 296-803-100 adds gravity to the definition of energy sources. This addition further expands the regulation to include gravity-powered equipment. |
Wyoming |
Worker Safety and Compensation Division under the Wyoming Department of Workforce Services |
As per WCWR 025-120-001, it adopts, by reference, the federal standard for hazardous energy control. |
OSHA-approved State Plan for the Public Sector
State and Territory |
Administering Agency |
Public Sector-Specific Provisions |
Private Sector-Specific Provisions |
Illinois |
Illinois Division of Safety Inspection and Education |
As per 56 IL Admin. Code 350.300, the state adheres to federal standards for workplace safety and health. |
OSHA oversees workplace safety and health and covers most private sector. |
Connecticut |
Division of Occupational Safety and Health (CONN-OSHA) |
It adopts the federal Lockout/Tagout standard for general industry. |
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Maine |
Workplace Safety Division under the Maine Department of Labor |
Follows federal Lockout/Tagout guidelines in government agencies, commissions, and schools, as per Code of ME Rules (CMR) 12-179-002 (General Industry) and CMR 12-179-003 (Construction). |
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Massachusetts |
Massachusetts Workplace Safety and Health Program (WSHP) |
It adopts the federal Lockout/Tagout standard as outlined in the E.O. #511 |
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New Jersey |
Public Employees Occupational Safety and Health (PEOSH) under the New Jersey Department of Labor and Workforce Development |
According to NJAC 12:100-4.2, it adopts the federal standards on the lockout tagout of hazardous energy. |
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New York |
Public Employee Safety and Health (PESH) Bureau under the New York Department of Labor |
As per 12 NYCRR 800.3, the state adopts, by reference, the federal hazardous energy control standard. |
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U.S. Virgin Islands |
Virgin Islands Division of Occupational Safety and Health (VIDOSH) under the Virgin Islands Department of Labor |
It adopts the federal Lockout/Tagout standard for general industry. |
Federal OSHA Jurisdiction
States |
Private Sector Specific-Provisions |
Public Sector-Specific Provisions |
Alabama |
Operates under federal OSHA jurisdiction, which covers most private sector employers. |
No state or federal laws on workplace safety in the public sector. |
Arkansas |
The Arkansas Occupational Safety and Health (AOSH) program enforces these regulations and requirements in the public sector. |
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Colorado |
No federal or state regulations on workplace safety in the public sector. |
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Delaware |
No federal or state regulations on workplace safety in the public sector. |
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Florida |
No federal or state regulations on workplace safety in the public sector. |
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Georgia |
The state’s Right-to-Know law requires public sector employers to inform workers about potentially hazardous chemicals in the workplace. Aside from that, Georgia has no federal or state regulations on workplace safety in the public sector. |
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Idaho |
By reference of ID Admin. Code 17.10.01, the state adheres to the federal Safety and Health standards for the public sector. It does not mention any additional requirements concerning lockout/tagout. |
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Kansas |
As for the public sector, KS Stat. Ann. 44-636 states that government offices, operations, and schools are governed by abatement orders that can cite federal standards when citing violations. |
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Louisiana |
The public sector is required to abide by the state’s Loss Prevention Program. This program requires each agency to assess whether or not their workplace needs site- or task-specific safety rules to ensure the safety of their employees. |
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Mississippi |
No federal or state regulations on workplace safety in the public sector. |
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Missouri |
No federal or state regulations on workplace safety in the public sector. |
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Montana |
According to Admin. Rules of MT 24.30.102, the state adopts, by reference, the federal standard for lockout/tagout for local and state government offices and operations. |
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Nebraska |
No federal or state regulations on workplace safety in the public sector. |
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New Hampshire |
NH Regulations-Labor 1403.32 adopts lockout/tagout requirements that are less detailed than the federal standard. |
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North Dakota |
No federal or state regulations on workplace safety in the public sector. |
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Ohio |
As per Ohio Administrative Code (OAC) 4167-3-01, it adopts, by reference, the federal standard for hazardous energy control in general industry and construction. |
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Oklahoma |
According to Oklahoma Administrative Code 380:40-1-22, it adopts, by reference, the federal standard for hazardous energy control. |
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Pennsylvania |
No federal or state regulations on workplace safety in the public sector. |
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Rhode Island |
No federal or state regulations on workplace safety in the public sector. |
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South Dakota |
No state or federal laws oversee workplace safety and health in the public sector, except South Dakota Codified Law 3-6A-27. This statute gives a general standard for the South Dakota Bureau of Personnel to develop programs that improve state employees’ performance. These programs include training, safety, health, counseling, and welfare. |
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Texas |
No federal or state regulations on workplace safety in the public sector. |
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West Virginia |
As per WV Regulations 42-15-4 and 42-15-5, it adopts the federal standard for hazardous energy control. However, public sector rules do not apply to the Department of Corrections, the Department of Health, and the Legislature. |
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Wisconsin |
According to SPS 332.50, it adopts, by reference, the federal standard for hazardous energy control. |
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:
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The right to a safe and healthy workplace
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The right to report hazards or unsafe practices
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Protection from retaliation
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Access to safety records and procedures
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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:
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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.
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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.
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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.
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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.