Federal OSHA and state-plan OSHA are not the same regulatory system, and the differences matter for hearing conservation. 22 states operate comprehensive OSHA-approved state plans that must be at least as effective as federal OSHA — but can be (and in some states are) more stringent. Employers with facilities in multiple states cannot simply apply federal 1910.95 uniformly and assume compliance everywhere. This guide maps the landscape: which states have full state plans, where hearing conservation requirements exceed federal minimums, and how the federal contractor exemption works.
What Is an OSHA State Plan?
Under Section 18 of the Occupational Safety and Health Act, states may assume responsibility for occupational safety and health enforcement within their borders by developing and operating OSHA-approved state plans. A state plan must be judged to be “at least as effective” as federal OSHA in protecting workers before approval is granted and maintained.
State plans have their own standards, their own enforcement staff (state compliance officers, not federal OSHA), and their own penalty structures. Federal OSHA retains oversight authority to monitor state plan performance and can withdraw approval if a state plan falls below the “at least as effective” standard.
Two Types of State Plans
Full coverage state plans cover both private sector and state/local government workers. In these states, federal OSHA has ceded all enforcement authority over private employers. Compliance officers who show up are state employees, not federal OSHA.
Government-only state plans cover only public sector employees (state and local government workers). Private sector employers in these states are still regulated by federal OSHA.
The 22 Full-Coverage State Plans
Where State Plans Exceed Federal OSHA for Hearing Conservation
The following state-specific differences are material for safety managers and HR teams managing noise-exposed workforces:
California (Cal/OSHA)
- Construction audiometric testing required at 85 dBA action level (federal 1926.52 does not require audiometric testing in construction)
- Maximum serious violation penalty: $25,000 — the highest in the US, exceeding federal’s $17,004
- Cal/OSHA enforcement is generally more aggressive than federal, with more inspectors per covered worker than most federal OSHA regions
Oregon (OR-OSHA)
- CAOHC certification (or equivalent) required for audiometric technicians conducting occupational audiometric testing
- Construction audiometric testing required at 85 dBA action level
- OR-OSHA has issued letters of interpretation on microprocessor audiometer use that are more specific than federal guidance
Washington (WISHA)
- CAOHC certification required for audiometric technicians
- Construction audiometric testing required at 85 dBA action level
- Washington’s L&I division enforces under WAC 296-817, which mirrors 1910.95 but adds the technician certification requirement
Michigan (MIOSHA)
- Construction audiometric testing required (Part 380, Construction Safety Standard)
- MIOSHA has historically been active in enforcement in manufacturing and auto sector facilities
Oregon and Washington require CAOHC-certified technicians for audiometric testing. Soundtrace’s model relies on demonstrated competence under licensed audiologist oversight, which satisfies federal 1910.95(g)(3) and most state plan requirements. For Oregon and Washington operations, the specific state plan technician certification requirements must be addressed in the compliance documentation. Contact Soundtrace directly to discuss coverage strategy for OR/WA facilities.
Federal Contractor Exemption
Federal contractors and subcontractors performing work on contracts subject to the Contract Work Hours and Safety Standards Act (Construction Work Hours Act) or other federal statutes may be subject to federal OSHA rather than the applicable state plan, depending on the specific statutory framework and contract terms. This is an area of some complexity:
- Most private sector federal contractors at non-federal facilities are subject to the applicable state plan, not federal OSHA
- Work performed on federal property (military bases, federal buildings, federal land) is generally subject to federal OSHA regardless of state plan status
- Federal employees performing occupational work are governed by 29 CFR Part 1960, not 1910.95 directly, though Part 1960 requires federal agencies to comply with OSHA standards including 1910.95
Multi-State Employer Strategy
For employers with facilities in multiple states spanning both federal OSHA and state plan jurisdictions:
- Identify the most stringent applicable standard for each facility: A facility in Oregon faces CAOHC certification requirements and construction audiometric testing obligations that a federal OSHA facility does not.
- Apply the more protective standard uniformly where practical: Running a uniform HCP at the California or Oregon standard at all facilities reduces the administrative burden of tracking state-specific variations.
- Document state-specific compliance separately: For facilities in Cal/OSHA, OR-OSHA, or WISHA jurisdictions, maintain documentation that demonstrates compliance with the state-specific requirements, not just federal minimums.
- Monitor state plan updates: State plans can and do update their standards independently of federal OSHA. The federal “at least as effective” floor means state plans only move in one direction — toward stricter requirements.
Frequently Asked Questions
No. In full-coverage state plan states, federal OSHA has ceded enforcement authority to the state. Compliance officers conducting inspections are state employees enforcing the state plan standard, not federal OSHA. The state standard must be at least as effective as 1910.95, but it may be more stringent. Cal/OSHA, for example, imposes a $25,000 maximum serious penalty versus the federal $17,004.
Oregon and Washington specifically require CAOHC certification (or equivalent state-recognized certification) for technicians conducting occupational audiometric testing. Federal 1910.95(g)(3) requires only demonstrated competence under professional supervision. Employers with facilities in Oregon or Washington must ensure their audiometric testing personnel meet the state-specific certification standard.
Yes. Under Cal/OSHA 8 CCR 5097, construction workers exposed at or above 85 dBA TWA must be enrolled in a hearing conservation program including audiometric testing — the same as general industry. Federal OSHA 1926.52 (construction) does not require audiometric testing. Cal/OSHA, Oregon, Washington, and Michigan all require construction audiometric testing at the 85 dBA threshold.
Generally yes, for work performed in state plan states at non-federal facilities. Federal contractors at non-federal workplaces in California, Oregon, Washington, and other state plan states are subject to the state plan, not federal OSHA. Federal employees and work performed on federal property may be subject to federal OSHA or Part 1960, depending on the statutory framework.
Compliance Documentation That Covers All Jurisdictions
Soundtrace’s audiometric testing program is designed to satisfy federal 1910.95 requirements across all states — with jurisdiction-specific documentation available for facilities in Oregon, Washington, California, and other state plan states.
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