The Occupational Safety and Health Act (OSHA) regulates working conditions and is designed to provide employees with a safe place to work. OSHA does not apply to state and local governments although states may opt to be covered by the federal standards. Twenty-three states have done so and most of the states not covered by the federal law have enacted their own safety and health laws. Under current law, states and localities are free to develop worker safety programs closely tailored to their needs. The Association opposes mandatory OSHA coverage of state and local governments. It would constitute an unfunded mandate.
Occupational Safety and Health Act Resolution
WHEREAS, the Occupational Safety and Health Act exempts state and local governments from coverage; and
WHEREAS, the Act allows States to elect to be covered by the federal standards; and
WHEREAS, 23 States have chosen to be covered by the federal standards; and
WHEREAS, a bill (S. 1423) concerning the Occupational Safety and Health Act was amended by the Labor and Human Resources Committee to mandate coverage of state and local governments; and
WHEREAS, this amendment would constitute an unfunded federal mandate; and
WHEREAS, most of the States not covered by the federal standards have developed safety and health laws, now, therefore, be it
RESOLVED, that the International Personnel Management Association opposes the mandatory coverage of state and local governments under the Occupational Safety and Health Act.