Comparison: State vs. Federal
New Hampshire agencies are permitted, and in some cases required, to conduct inspections under state safety and hazardous materials motor carrier regulations.
New Hampshire is not a “state plan” state; that is, it does not have a federally approved occupational safety and health regulatory program. Consequently, the federal OSH Act governs occupational safety and health requirements, including inspections, in the private sector (private businesses and nonprofit organizations) workplace. There are additional state rules for agency inspections of workplaces under workers’ compensation statutes. Public sector (state and local government operations) employers in the state are excluded from coverage under federal workplace safety and health rules. However, the state has adopted its own requirements for public sector workplace self-inspections and agency inspections of such workplaces. See TABLE 1 in this section for state self-inspection safety requirements and TABLE 2 for state agency safety inspection requirements.
See TABLE 3 for state agency hazardous materials motor carrier inspection requirements.
The federal Occupational Safety and Health Administration (OSHA) administers and enforces occupational safety and health requirements in private sector workplaces. The New Hampshire Department of Labor (NHDOL) Safety and Training Division administers and enforces occupational safety and health rules for public sector employers and for private sector workplaces under workers’ compensation rules.
The New Hampshire Department of Safety (DOS) administers and enforces the hazardous materials motor carrier transportation regulations in New Hampshire.