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1 1 (November 16, 2020)

handle is hein.crs/govdcog0001 and id is 1 raw text is: Updated November 16, 2020 OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities As states and theirpublic schoolsystems considerhowto provide education to students during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, they face the safety and health of theirstudents and thepotential occupational exposure of their teachers and other employees, including supportstaff and transportation providers, to the SARS-CoV-2virus, the virus that causes COVID-19. In 24 states and the District of Columbia,local educational agencies (LEAs), such as public school districts, and other state and local government entities are not subject to federal regulation, inspection, or enforcement by the Occupational Safety and Health Administration (OSHA) or state regulation under the Occupational Safety and Health Act of 1970 (OSH Act). LEAs in these states may be covered by OSHA -approved state occupational safety and health plans (state plans) or other state laws. O&SH Act jursdction~ cwer Stats and Section 3(5) of the OSH Act (29 U.S.C. § 652(5)) defines employer for the purposes of federaljuris diction of OSHA as follows: The term employer means aperson engaged in a business affecting commerce who has employees, but does not include ... any State or political subdivision of a State. Therefore, state and localgovernment entities, including LEAs, are not considered employers under the OSH Act and thus are not subject to OSHA's federal regulation, inspection, or enforcement. They may be covered by OSHA-approved state plans. Private schools are considered employers under the act and are subject to federal OSHA jurisdiction, as are some charter schools, depending on their administrative structure and governance. Section 18 of the OSH Act (29 U.S.C. §667) authorizes states to establish their own stateplans andpreempt federal OSHA standards and enforcement. OSHA must approve state plans if they are at least as effective as OSHA's standards and enforcement. In addition, state plans must provide coverage for state and local government entities as employers. OSHA may provide matching grants to states to coverup to one-half of their state plan operating costs. Currently, 21 states and Puerto Rico have OSHA-approved state plans thatcover all employers in the state, including state and localgovernmententities. Five states andthe U.S. Virgin Islands have state plans that cover only stateand local government employers, including LEAs. OSHA estimates that state plans cover approximately 40% of workers in the United States. State plans may incorporate OSHA standards byreference or establish their own standards thatmeet the at least as effective test required forOSHA approval. OSHA can terminate s tate plans that failto remain at least as effective as the federal system. Table 1. OSHA-Approved State Plans Covers State and Local Government Covers All Employers Employers Only Alaska New Mexico Connecticut Arizona North Carolina Illinois California Oregon Maine Hawaii South Carolina New Jersey Indiana Tennessee New York Iowa Utah U.S. Virgin Islands Kentucky Vermont Maryland Virginia Michigan Washington Minnesota Wyoming Nevada Puerto Rico Source: Congressional Research Service (CRS) table with datafrom the Occupational Safetyand Health Administration (OSHA). States that do not have OSHA-approved state plans may have their own occupationalsafety and health laws that cover some or all state and local government entities, including LEAs. However, these laws are not required to be at least as effective as OSHA standards or enforcement, are not in any way regulated by OSHA or the federal government, and are not eligible for OSHA grants. The exemption for state and localgovernment entities was part of the original 1970 OSH Act. At the time, numerous s tates had their o wn occupational s afety and health laws, and there was concern in Congress about having the federal government usurp these state authorities. Concerns about the OSH Act's lack of federaljuris diction over state and local government employers were addressedby the Section 18 provisions requiring states with state plans to cover such \ Q xa S \\n\\ \\\ \\\\\ \ \

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