There are several categories of workers not covered by OSHA. Additionally, some members of a workforce are only covered in specific roles, while others are only covered in specific states or industries. This article looks at when workers are not covered by OSHA, specifically those in the following areas:

• Volunteers & Temporary Workers
• Self Employed Workers
• Family Members of Farm Employers
• Industries Regulated by Another Agency
• State and Local Government Employees

Volunteers & Temporary Workers

Volunteers are generally not covered by OSHA – but there are exceptions. Volunteer firefighters may be covered by OSHA if they are remunerated for time spent serving the community, covered by workers’ compensation, or regarded as public employees by the state or local government with jurisdiction over the location they volunteer in.

There are also some special cases in which an agency has adopted an OSHA standard as one of its own and included volunteers in the coverage. For example, when the Environmental Protection Agency adopted OSHA’s Hazardous Waste and Emergency Response standard, the Agency applied the standard to both paid and uncompensated workers.

Temporary workers that are paid by either an employer or a staffing agency are classified as employees and covered by OSHA. It is important to note that, regardless of who the payer is, if a temporary worker is assigned a job by a staffing agency, both the employer and staffing agency are accountable for the safety and health of the employee.

One final comment about volunteers and temporary workers not covered by OSHA is that if a workforce consists of both paid employees and volunteers, the workplace must comply with OSHA standards. Therefore, if a volunteer suffers an injury in a workplace accident that could have happened to a paid employee, the employer could still be cited and fined by OSHA.

Self Employed Workers

One significant category of workers not covered by OSHA includes the self-employed – independent contractors, freelancers, or anyone else who works for themselves. Self-employed individuals are, by definition, their own employers and do not have employees of their own. As such, OSHA’s standards, which were designed to protect employees from unsafe working conditions, do not usually apply.

However, there are exceptions. In the same way as an employer has to provide a safe working environment for volunteers when other members of the workforce are paid employees, employers must provide a safe working environment to self-employed individuals when self-employed individuals work on the premises.

Complications can arise when one self-employed individual subcontracts another self-employed individual to work with them or on their premises. In such cases, OSHA standards should not apply because both individuals are self-employed. However, depending on the nature of the work and state regulations, some OSHA standards may be applicable.

Family Members of Farm Employees

The applicability of OSHA standards to farms is a nuanced issue, particularly where family members of farm employees are concerned. Generally, farms with fewer than eleven employees are not covered by OSHA, and OSHA considers immediate family – parents and their children, stepchildren, foster children, and spouses – to be excluded from the count of employees.

However, this doesn’t mean that farms are devoid of all responsibility for the safety of their family members working there. Farms are encouraged to follow best practices in agricultural safety and health, and OSHA provides resources and guidelines to aid in this. Furthermore, certain regulations, such as those pertaining to labor camps, accidents, and hazardous substances, may still apply.

Again, there are exceptions to this category of workers not covered by OSHA. If a temporary labor camp is set up on a farm, or an employee (including family members of farm employees) has a fatal accident or sustains an injury that results in hospitalization, amputation, or the loss of an eye, temporary compliance with OSHA’s standards and reporting requirements applies.

Industries Regulated by Another Agency

Some specific industries and workplaces are regulated by other federal agencies. In such cases, businesses in these industries and their workplaces are not covered by OSHA. Examples of this group include:

Most mining and milling operations fall under the Mine Safety and Health Administration (MSHA). However, OSHA standards may apply for some product types and post-mining processes (see Appendix B of the MSHA and OSHA Memorandum)

The working conditions of flight crews when an aircraft is in flight. These are overseen by the Federal Aviation Administration (FAA). However, FAA oversight does not apply to cabin crews in respect of noise, hazard communication, and bloodborne pathogens.

The safety and health of seamen aboard vessels is regulated by the Department of Transportation’s Coast Guard agency. However, OSHA has the authority to enforce standards relating to discrimination and whistleblowing according to a 1983 Memorandum.

Workers in the publicly owned energy sector that may be exposed to ionizing radiation are covered by safety standards regulated by the Nuclear Regulatory Commission and the Department of Energy. All privately owned businesses in the energy sector are subject to OSHA standards.

State and Local Government Employees

While federal government employees are protected by OSHA, the situation differs for state and local government employees – including those in public schools and universities. OSHA only covers these employees in certain states with an OSHA-approved state plan. In other states, the safety and health of public sector employees fall under the jurisdiction of the state’s health and safety agencies.

In 28 states and territories, the safety and health standards for state and local government employees are overseen by OSHA-approved state plans. Where state plans only apply to state and local government employees, federal OSHA standards apply to private employment activities. State plans are required to have standards and enforcement programs at least as effective as OSHA’s.

Who is Not Covered by OSHA? Conclusion

While it may seem like a large number of workers are not covered by OSHA, it is important to note the agency’s influence is vast, covering most private sector workers and federal employees throughout the United States. Additionally, many workers not directly covered by OSHA are protected indirectly by OSHA, by other health and safety agencies, or by a state plan.

Consequently, most private and public employers need to understand their compliance requirements and ensure measures are implemented to comply with applicable OSHA standards. Employers who are unsure of their compliance requirements should review our OSHA compliance checklist and speak with a compliance expert or seek advice directly from the nearest OSHA office.

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