OSHA expects to approve Massachusetts’ occupational health and safety plan for government workers

The US Occupational Safety and Health Administration (“OSHA”) published a proposed rulemaking on June 29, 2022, to approve a new occupational safety and health plan for Massachusetts state and municipal employers and workers. Public comments and requests for a hearing must be submitted by August 1, 2022. Submit comments online at the federal eRulemaking portal.

Under the Occupational Safety and Health Act, state and local government entities are excluded from federal OSHA coverage. However, the Act permits a state to assume occupational safety and health responsibility under the state’s own plan, which must be approved by OSHA. A state may obtain federal approval if its OSHA plan is at least as effective as the federal program.

The Massachusetts plan would cover approximately 6,500 public sector employers and their 434,000 employees. Private sector and federal government workers in Massachusetts remain under federal OSHA’s jurisdiction.