Employer guide · 2 min read · Updated 2026-10-25
OSHA State Plans and HAZWOPER: Which Rules Apply to Your Crew
The OSH Act lets states run their own occupational safety and health programs, called state plans, as long as they are at least as effective as federal OSHA. Where you send a crew decides which agency enforces HAZWOPER and which version of the rule applies.
Three situations
| Situation | Private employers | State and local government employees |
|---|---|---|
| Federal OSHA state | Federal OSHA, 29 CFR 1910.120 / 1926.65 | Not covered by OSHA; EPA's 40 CFR Part 311 applies HAZWOPER to them |
| State plan covering private and public employers | State agency enforces the state's HAZWOPER rule | State agency |
| Public-employee-only state plan | Federal OSHA | State agency |
States with plans covering private employers
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington and Wyoming run plans that cover most private-sector workplaces as well as public employers. Plans can change, so check OSHA's state plan page before relying on this list.
Public-employee-only plans
Several states and territories, including Connecticut, Illinois, Maine, New Jersey, New York and the U.S. Virgin Islands, run plans that cover only state and local government workers. Private employers there fall under federal OSHA.
How different are state HAZWOPER rules?
Most state plans adopt HAZWOPER word for word or with minor changes, so the training content is the same. The differences that matter most to employers:
- California enforces Title 8 CCR 5192 through Cal/OSHA, and California clients and agencies often ask for Cal/OSHA-labeled certificates: Cal/OSHA 40-Hour HAZWOPER Training (2026), Cal/OSHA 24-Hour HAZWOPER Training and Cal/OSHA 8-Hour HAZWOPER Refresher Training.
- Washington, Oregon, Michigan and others publish their own rule numbers and sometimes add requirements. A state-plan refresher is available.
- Some states have related rules that affect HAZWOPER work, such as state heat illness standards or California's Injury and Illness Prevention Program requirement.
Crews that work in more than one state
- Train to the federal standard as the baseline. Add the state version for states where clients or regulators expect it, most often California.
- Check each client's contract: many specify the certificate type they'll accept.
- Keep one training record per worker that shows every course and its regulatory basis. See training records for employers.
Frequently asked questions
Which states have OSHA state plans?
Plans covering private employers include Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington and Wyoming. Several others cover public employees only. Check OSHA's state plan page for the current list.
Is federal HAZWOPER training accepted in state-plan states?
Usually the content is the same, since state rules must be at least as effective as federal OSHA. California crews and clients often require Cal/OSHA-specific certificates.
Who enforces HAZWOPER for city and county workers in federal OSHA states?
EPA's 40 CFR Part 311 applies the HAZWOPER standard to state and local government employees in states without an OSHA-approved state plan.
This guide summarizes federal OSHA, Cal/OSHA and EPA rules for training purposes. It is not legal advice. Always check the current regulation text and your site safety and health plan.