Federal OSHA May Not Be Enforcing the Rules for Your Employees

By:  Chris  A Hall, CHST 

Everyone assumes that the Occupational Safety and Health Administration (OSHA) regulates workplace safety in the United States, but in many cases the enforcement authority does not fall to OSHA alone.  A multitude of other agencies have been provided the ability to keep workers safe through federal statutes, acts and agreements. This discussion intentionally excludes private businesses which may be exempt altogether. 

To clarify where the work falls from a jurisdictional perspective, first let’s look at two federal agencies that manage safety on their sites.  The US Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC) have memorandums of understanding, giving authority to the respective agencies. This allows DOE and NRC to manage all employees and contractors operating under their direction.  The agencies do not enforce regulations at sites which are leased to private contractors or DOE sites not affiliated with the Atomic Energy Act.  For these locations, federal or state-approved programs maintain authority. 

Other agencies, such as the Department of Transportation (DOT), govern safety as it effects the safe operation of commercial motor vehicles on the road. Employers are still required to also follow OSHA standards in their workplaces.