OSHA vs non OSHA states

[MoFire390 118]

Hey all just had a question about OSHA. Why is it that some states fallow OSHA and others don't? Is it against NFPA standards to not fallow the OSHA rules? Any help would be a big help.

Thanks, Ken

[T. John 21]

Just because a State is not an "OSHA state" doesn't mean OSHA doesn't apply. The States that you refer to as OSHA States have developed their own job safety and health program (either public, private or both). In these States, the minimum standards are what OSHA sets at the federal level. States may choose to have more stringent standards but can not do less. States that do not have their own safety and health programs still fall under the regulations of federal OSHA.

More information can be found at:

http://www.osha.gov/dcsp/osp/faq.html#oshaprogram

[antiquefirelt 994]

Is it against nfpa standards to not fallow the osha rules?

It's not like NFPA means anything unless a specific standard is adopted by the individual states either. In my state, the municipal employees are covered by the state DOL who closely mirror, but not always word for word, the OSHA rules.

Edited March 20, 2010 by antiquefirelt

[MoFire390 118]

well my reason for asking is i met a fellow ff from chicago and he has told me that they are no longer going to be using bunker pants and short jackets. instead they are going to be going back to long jackets and hip boots. i asked why and if it was against their state OSHA board rules or NFPA... he kinda laughed and said they dont have a OSHA standard... was wondering how this is possible. and if its against the NFPA regulations.

[ny10570 745]

NFPA doesn't become mandatory until you get to court, its a guideline and the industry standard. So as long as no one gets hurt or worse there's no penalty for not following it. As for OSHA, PESH, DOL or whatever a state uses, it all depends on how the rules are written.

[antiquefirelt 994]

NFPA doesn't become mandatory until you get to court, its a guideline and the industry standard. So as long as no one gets hurt or worse there's no penalty for not following it. As for OSHA, PESH, DOL or whatever a state uses, it all depends on how the rules are written.

I look at NFPA like you note for OSHA, PEL and DOL. They may be the only national standard for this industry, but if you looked at how many of their different standards are actually widely adopted, you'd see they really may not be as much a factor. They certainly can wand will be brought up in court, but likely very few have large widespread implications due to mass acceptance. 921, 1001, 1403, 1971 and 1901 seem to be very commonly accepted nationwide, while others are much spottier.

In this case, Boston has allowing a lesser level than full pants and coats for many years, and we must assume after the big unhappy mandate of full PPE in Chicago, they were able to develop some data showing that it increases some negatives that outweigh others. Most others would have a very difficult time showing similar quantifiable data due to a lack of overall sample numbers.

[Bnechis 3,961]

i asked why and if it was against their state OSHA board rules or NFPA... he kinda laughed and said they dont have a OSHA standard... was wondering how this is possible. and if its against the NFPA regulations.

When the OSHA Act was past in 1970 it required OSHA to enforce work safety standards in private industry in all 50 states. Public sector employees are not covered. One section of the Act allows each state to set up its own State OSHA, but if a state wants to do that it must agree to have equall or stricter regulations (see Cal OSHA) and it must include public sector employees. The Feds help fund the state programs. 25 states are "state plan" states and cover everyone, NY & CT are partial "state plan" states and cover public sector only with Fed OSHA covering private sector in those states. NY also covers small companies (under a doz. employees).