· Rules. New Hampshire is not a "state plan" state; that is, it does not have its own federally-approved occupational safety and health regulatory program. Therefore, private sector employers are governed by the federal requirements.
Public sector (state and local government operations) employers in the state are excluded from coverage under federal workplace safety and health rules. New Hampshire, however, has adopted its own rule for hazard communication, or worker right to know, that governs public sector employers. The state rule is less comprehensive than the federal hazard communication rule in most respects, except for additional requirements that employers post a warning notice about specific hazardous chemicals, and that an employee may refuse to work with a chemical until a material safety data sheet (MSDS) is provided. See the state section OSHA for more information about regulatory requirements for public sector employers.
For detailed information on MSDS requirements for public sector employers, especially concerning employee rights to the information, see the state section MATERIAL SAFETY DATA SHEET. There are state rules for agency inspections of public sector workplaces related to hazard communication and for penalties against public sector employers for violations of the hazard communication rule. See the state sections INSPECTIONS and ENFORCEMENT for more information.
· Administration and enforcement. OSHA administers and enforces hazard communication requirements in the private sector in New Hampshire. NHDOL administers and enforces the state’s public sector hazard communication requirements.