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Federal OSHA and Cal/OSHA reach agreement on enforcement authority

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Photo: Navy Petty Officer 2nd Class Ian Thomas

Washington — OSHA and the California Division of Occupational Safety and Health have a new agreement that clarifies which agency has enforcement authority in certain situations.

Under the revised Operational Status Agreement, effective Jan. 5, federal OSHA has authority within U.S. military installations with controlled access and secured borders, but Cal/OSHA – which operates under a State Plan – will enforce health and safety for state and local government employers on those sites. 

The agreement revises the list of federal enclaves in which OSHA has enforcement authority. 

Federal OSHA also has authority over employers on Native American reservations or trust lands. Cal/OSHA will enforce health and safety for state and local government employers on those lands or tribal employers operating outside those lands.

In addition, the agreement clarifies that OSHA’s authority over maritime employers includes “all afloat dredging and pile-driving and similar operations on navigable waters, and all floating drilling platforms on navigable waters.”

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