According to the Occupational Safety and Health Administration (OSHA), State Plans are “OSHA-approved workplace safety and health programs operated by individual states or U.S. territories.” OSHA State Plans replace federal mandates; however, there are many exceptions to this rule, so it’s important that contractors are cognizant of how these plans will affect the construction process. Failing to abide by the OSHA State Plan governing your state could result in steep fines and other penalties.
To stay on top of all the state-specific OSHA regulations governing your project sites, consult a Portland construction attorney from Cotney Construction Law. Our experienced attorneys represent the construction industry against owners and federal agencies. With aggressive defense and unparalleled knowledge pertaining specifically to the construction industry, your business will be in the best of hands when working with our firm. In this two-part series, we will discuss everything contractors in Oregon should know about the Oregon State Plan established by OSHA.
Although the OSHA State Plan for Oregon covers all private sector workplaces, it does not cover employment located on the “navigable waters of the U.S.” For construction professionals, this means that any construction work “emanating from or on floating vessels” is not covered by the State Plan. Any construction meeting this criteria is subject to OSHA’s federal laws and regulations. In other words, you must be doubly careful when working along Oregon’s coast line and other navigable waters, such as the Siuslaw River.
Similarly, any construction work taking place on land that falls within the boundaries of an Indian reservation is not covered by the OSHA State Plan for Oregon. This includes areas such as the Warm Springs and Umatilla reservations, as well as land that lays outside of the reservation but is “held in trust by the federal government.”
Any project site located within a federal military reservation, excluding dam construction projects spearheaded by U.S. Army Corps of Engineers, does not apply to the OSHA State Plan for Oregon. This includes Camp Humphreys, Blue Grass Army Depot, Pohakuloa Training Area, Fort Devens Army Garrison, U.S. Navy Hospital Beaufort, and more.
To learn more about OSHA State Plan exceptions for the State of Oregon, read part two.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.