OSHA State Plans Explained: Full vs Public-Sector-Only vs Federal (2026 Map)

In 2026 there are 29 OSHA-approved State Plans. Of these, 22 are full plans that cover both private-sector employers and state/local government workers, while 7 cover only state and local government (public-sector) employees — leaving private-sector workplaces in those 7 states under federal OSHA. State Plans must be at least as effective as federal OSHA and may adopt stricter standards and higher penalties. This guide explains the three jurisdictional buckets, what each means for your obligations, and how to confirm which rules apply to your workplace.

At a glance: 2026 = 29 OSHA State Plans — 22 full (private + public), 7 public-sector-only (private stays federal); the rest are federal-direct. Every plan must be "at least as effective" as federal OSHA and may be stricter, with higher penalties. In 2026 there are 29 OSHA-approved State Plans: 22 full plans cover private and public-sector workers, and 7 cover public-sector employees only, leaving private employers under federal OSHA — and every plan must be at least as effective as federal OSHA and may set stricter standards and higher penalties.

The 2026 State Plan Breakdown

The remaining states without an approved State Plan are under federal OSHA for all covered workplaces. Each plan has its own section in 29 CFR Part 1952: §§1952.1 to 1952.22 are the 22 full plans, and §§1952.23 to 1952.29 the seven public-sector-only plans, approved under the criteria in 29 CFR Part 1956.

The Three Jurisdictional Buckets

1. Full State Plans (22 — 21 states plus Puerto Rico)

In a full-plan jurisdiction, the state (or territorial) agency runs the OSHA program for both private-sector employers and public-sector (state and local government) employees. Employers must follow the state's standards, which may differ from — and be stricter than — federal OSHA. California's Cal/OSHA is a well-known example with numerous state-specific standards.

2. Public-Sector-Only Plans (7 — 6 states plus the U.S. Virgin Islands)

In these 7 jurisdictions — Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the U.S. Virgin Islands — the plan covers only state and local government workers. Private-sector employers in the same state remain under federal OSHA jurisdiction. This split is easy to miss: a city public-works crew and a private contractor across the street may answer to two different regulators.

3. Federal OSHA States

States without an approved plan operate entirely under federal OSHA, which enforces the federal standards and the federal penalty schedule directly.

Why "At Least As Effective" Matters

Federal law requires every State Plan to be at least as effective (ALAE) as federal OSHA: section 18(c)(2) of the OSH Act (29 U.S.C. 667(c)(2)), with the criteria in 29 CFR 1902.3(c)(1) for standards and 29 CFR 1902.3(d)(1) for enforcement. Two important consequences flow from this:

• States can be stricter. A State Plan may adopt unique standards (for example, heat illness, ergonomics, or wildfire smoke rules) or more demanding versions of federal standards. Where the state rule is stricter, the state rule governs.
• States can set their own penalties. A plan must provide effective sanctions, such as those in the Act and in 29 CFR 1903.15(d) (29 CFR 1902.4(c)(2)(xi)), but the amounts are not required to be identical to federal. California caps a serious violation at $25,000, above the federal $16,550, while its willful cap of $162,851 sits slightly below the federal $165,514.

For reference, the federal maximum penalties are the amounts in 29 CFR 1903.15(d) for penalties proposed after January 15, 2025, still current in October 2026:

State Plan amounts may differ — always confirm with the state agency.

How a State Plan Keeps Up With a New Federal Standard

When OSHA issues a new permanent standard or a more stringent amendment, the state must adopt it, or an at least as effective equivalent, within six months of the federal promulgation date (29 CFR 1953.5(a)(1)). A state may instead show that its existing rule is already at least as effective. That window, and the way each state words its adoption, is why the HazCom 2024 dates differ from state to state: see State HazCom Plans and HCS 2024 deadlines by state plan.

What Even a Full Plan Does Not Cover

A full plan's private-sector coverage comes "with several notable exceptions," which OSHA lists on each plan's page (the wording of 29 CFR 1952.7(c) for California, and of the other full-plan sections). Federal agencies are a separate case altogether: each runs its own safety and health program for federal employees under section 19 of the OSH Act and 29 CFR Part 1960. Before you assume the state agency covers a site, check whether the work falls into one of those exceptions.

How to Determine Which Rules Apply to You

• Identify the state where the worksite is located.
• Determine whether that state has a full plan, public-sector-only plan, or no plan.
• If a full plan: follow the state standards and penalty schedule.
• If public-sector-only and you are a private employer: follow federal OSHA.
• If public-sector-only and you are a government employer: follow the state plan.
• If no plan: follow federal OSHA.
• Check for state-specific standards (heat, ergonomics, etc.) that exceed federal rules.
• Confirm the applicable penalty schedule, which may exceed federal maximums.

Know Your Jurisdiction Before You Get Cited

Jurisdiction drives which standards and penalties apply to your jobsite. Confirm your state's plan type — and its penalty schedule — before your next inspection.

Tools & related reading

• Look up your state: OSHA State Plans hub · OSHA Penalties by State
• Related guides: State HazCom Plans: the 29 approved plans & the public-sector trap · OSHA Penalties for Construction (2026) · Complete OSHA HazCom 2026 Guide