PSM NEP ACTIVE — PROGRAMMED INSPECTIONS ONGOINGWILLFUL VIOLATIONS: UP TO $156,259 PER INSTANCEPSM NEP ACTIVE — PROGRAMMED INSPECTIONS ONGOINGWILLFUL VIOLATIONS: UP TO $156,259 PER INSTANCE
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Federal OSHA vs. State Plans

Twenty-two states and two territories operate their own OSHA programs. State plans must be at least as effective as federal OSHA — and many are more stringent. Knowing which regime governs your facility is the starting point for understanding your enforcement exposure.

Coverage Map

Federal vs. State OSHA: The Key Differences

State-plan states enforce their own PSM-equivalent standard. Federal OSHA enforces 29 CFR 1910.119 everywhere else. The rules are similar but not identical.

Federal OSHA Coverage

  • Enforces 29 CFR 1910.119 directly
  • Applies in all states without an approved state plan
  • Penalty maximums: $156,259 willful, $15,625 serious
  • PSM NEP (CPL 03-00-021) directs programmed inspections
  • Covers private-sector employers in non-state-plan states
  • Federal contractors covered federally regardless of state

State Plan Coverage

  • State adopts its own PSM standard — must be at least as effective as federal
  • State may have more stringent requirements or broader chemical coverage
  • California's Cal/OSHA PSM standard (Title 8, CCR §5189) is notably broader than federal
  • State plan states run their own NEP-equivalent programs
  • Prior state-plan citations count as prior citations for federal Repeat purposes
  • Some state plans cover state and local government employees; federal OSHA does not
State Plan States

States with Approved OSHA Programs

These states operate their own occupational safety and health programs. Private-sector employers in these states are covered by the state plan, not federal OSHA. Some states cover only private-sector; others also cover state and local government employees.

California
Full State Plan
Cal/OSHA PSM (Title 8, §5189) is broader than federal — covers additional chemicals and lower TQs in some cases. Heavy enforcement activity in refining sector.
Washington
Full State Plan
WAC 296-67 (WISHA) mirrors federal PSM with state-specific enforcement. Active inspection program for petroleum and chemical sectors.
Michigan
Full State Plan
MIOSHA enforces PSM under Part 6 (Boilers and Pressure Vessels) and Part 46. Active in chemical manufacturing and automotive-related process industries.
Oregon
Full State Plan
Oregon OSHA enforces OAR 437 covering PSM-equivalent requirements. Active coordination with Oregon DEQ on RMP-related enforcement.
Minnesota
Full State Plan
MNOSHA enforces Minnesota Rules Chapter 5206 for PSM. Covers private sector. Active in agricultural chemical and food processing sectors.
Iowa
Full State Plan
Iowa Division of Labor enforces Iowa Administrative Code Chapter 875. Covers both private sector and state/local government.
Kentucky
Full State Plan
Kentucky Labor Cabinet enforces PSM standards under 803 KAR Chapter 2. Covers private sector and state government employees.
North Carolina
Full State Plan
NC DOL enforces 13 NCAC Chapter 7 including PSM requirements. Active in chemical manufacturing and water/wastewater treatment.
Tennessee
Full State Plan
TN OSHA enforces PSM equivalent standards. Covers both private sector and state government. Active in chemical and automotive sectors.
South Carolina
Full State Plan
SC OSHA enforces PSM-equivalent requirements. Active in chemical manufacturing sector concentrated in the lowcountry industrial corridor.
Utah
Full State Plan
Utah OSHA enforces PSM requirements in Utah Admin. Code R614. Covers mining, petroleum refining, and chemical manufacturing industries.
Arizona
Full State Plan
Arizona OSHA (ADOSH) enforces PSM under Arizona Admin. Code Title 20. Active in mining and chemical sectors.
New York
Public Sector Only
NY PESH covers state and local government. Private sector covered by federal OSHA. Public water utilities and municipalities often fall under NY PESH.
Illinois
Public Sector Only
Illinois OSHA covers state and local government employees only. Private sector in Illinois covered by federal OSHA — significant PSM enforcement activity from Chicago Area Office.
New Jersey
Public Sector Only
NJ PEOSH covers state and local government. Private sector covered by federal OSHA. Note: NJ also has the Toxic Catastrophe Prevention Act (TCPA) which may impose separate obligations.

If You Are in a Non-State-Plan State

Private-sector employers in states without an approved state plan — including Texas, Louisiana, Ohio, Pennsylvania, Georgia, Florida, and most of the Gulf Coast — are covered directly by federal OSHA and the federal PSM standard (29 CFR 1910.119). The PSM NEP (CPL 03-00-021) applies in these states through federal OSHA area offices. Major petrochemical states like Texas and Louisiana have high inspection density from federal OSHA precisely because they lack state plans and host significant PSM-covered industry.

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