New Hampshire OSHA laws & safety compliance analysis

New Hampshire OSHA : What you need to know

• Rules. 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 in the private sector workplace. See the national section OSHA for detailed information on the federal standard.

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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 rules to govern safety and health in public sector workplaces for hazard communication, inspections, recordkeeping, penalties, safety practices, and training. See the state sections HAZARD COMMUNICATION STANDARD, INSPECTIONS, MATERIAL SAFETY DATA SHEET, ENFORCEMENT, RECORDKEEPING, and TRAINING for more information.

Under the state Workers’ Compensation Act, both public and private sector employers with more than 10 employees in New Hampshire must submit a written safety program biennially to NHDOL.

• Administration and enforcement. OSHA administers and enforces private sector occupational safety and health requirements in New Hampshire. NHDOL administers and enforces both occupational safety and health for public sector employers and the written safety program requirements under the Workers’ Compensation Act for private and public sector employers.

PUBLIC SECTOR EMPLOYER DEFINED
RSA 277:1-b

A “public sector employer” is defined as a state agency or office and any other political subdivision (e.g., county or local government offices or operations, public school systems) of the state. Because New Hampshire does not have a federally approved ...


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