Subpart B
States with approved plans must develop and require employers to post a State poster that meets the 1902.9(a)(5) content requirements to inform employees of their protections, obligations under State law, and continued availability of Federal monitoring under section 18(f) of the Act. See 1902.9(a)(1) and the full 1902.9 for context.
A State poster can substitute for the Federal poster once the State attains operational status for enforcement of State standards as defined in 1954.3(b). The State poster then replaces the Federal poster required by section 8(c)(1) of the Act and 1903.2. See 1902.9(a)(2).
Yes — the Assistant Secretary may allow the approved State poster to continue substituting for the Federal poster if the State had already distributed its poster and has the enabling legislation defined in 1954.3(b)(1), even if the State later becomes nonoperational under 1954.3(f)(1). See 1902.9(a)(3) and 1954.3(f)(1).
Yes — a State may request approval of an alternative to the State poster under 29 CFR part 1953, but it must show the alternative is consistent with the Act, 1902.4(c)(2)(iv), and applicable State law and must demonstrate the alternative is at least as effective as the Federal poster in informing employees and address the items in 1902.9(a)(5). See 1902.9(a)(4).
The State poster must address (but is not limited to) a list of employee protections and program information including responsibilities, inspection rights, anonymity, participation, notice procedures, anti-discrimination protections, sanctions, how to get more information, how to file complaints with OSHA about State program administration, issues not covered by the State plan, and contact addresses. See the full list in 1902.9(a)(5). For quick reference, the poster should include:
The State poster must list the issues, as defined in 1902.2(c), that will not be covered by the State plan so employees know which matters remain under Federal jurisdiction. See 1902.9(a)(5)(x) and 1902.2(c).
Yes — when a State poster substitutes for the Federal poster, it serves in place of the Federal notice that 1903.2 requires employers to post, but employers must still comply with the posting location and visibility requirements of 1903.2. See 1902.9(a)(2).
No — employers must not cover required notices so employees have to manually find them; notices must be conspicuous and readily observable under 1903.2(a)(1) and OSHA has interpreted that covering posters on a hanger does not meet the standard (see OSHA interpretation "OSHA poster display requirements" (June 15, 2023)).
No — required notices must be readily available and accessible to employees at all times, and OSHA has interpreted that intermittently displayed electronic notices alone do not meet 1903.2(a)(1); employers should post a physical copy near the monitor or in a conspicuous location (see OSHA interpretation "Electronic posting requirements" (Nov. 5, 2014)).
No — 1903.2 does not require posters to be posted in foreign languages, but OSHA encourages employers with non-English-speaking workers to post additional copies in the workers' languages; OSHA provided Spanish and English versions and explained this in the interpretation "OSHA poster language requirements" (Nov. 12, 2004).
When employees report to a central office that supports mobile or temporary operations, the required notices should be posted in that central office; if there is no central office, posters should be posted at the location from which employees operate, per 1903.2. OSHA has given this guidance for portable carts and stalls in the interpretation "OSHA poster posting requirements" (May 22, 1998).
Yes — the State poster must provide a means of obtaining further information on State law and the address of the State agency (1902.9(a)(5)(viii)) and must include the address of the OSHA Regional Office (1902.9(a)(5)(xi)). See 1902.9(a)(5).
No — the State poster must include protections for employees against discharge or discrimination for exercising their rights under Federal and State law as required by 1902.9(a)(5)(vi). See 1902.9(a)(5).
A State may request approval of an alternative or modified poster under 29 CFR part 1953, but must show the change is consistent with the Act, with 1902.4(c)(2)(iv), and at least as effective as the Federal poster in informing employees and must still address the items in 1902.9(a)(5). See 1902.9(a)(4).
Employees have the right to file complaints with Federal OSHA about State program administration, and the State poster must inform employees of that right per 1902.9(a)(5)(ix). See 1902.9 for the broader framework.
Yes — once the State has attained operational status and the State poster is authorized as the substitute, employers in that State must display the State poster in each establishment in place of the Federal poster, consistent with 1902.9(a)(2) and posting rules in 1903.2.
No — in State-plan States that have an approved State poster and have attained operational status, the State poster substitutes for the Federal poster as described in 1902.9(a)(2), so employers should post the State poster rather than the Federal poster. See 1902.9 for details.
Yes — the State poster must address sanctions (penalties) applicable under the State plan as one of the required items in 1902.9(a)(5)(vii). See 1902.9(a)(5).
No — 1903.2(a)(1) requires notices to be posted conspicuously and not altered, defaced, or covered, and OSHA has interpreted that electronic or intermittently displayed materials alone do not meet the requirement unless a physical copy is also posted and readily accessible (see "Electronic posting requirements" (Nov. 5, 2014)). Employers must keep a visible, unaltered physical poster in the workplace.
A State must request approval of an alternative under the procedures in 29 CFR part 1953; see 1902.9(a)(4) and review the requirements in 1954.3 regarding State-plan effectiveness and 29 CFR part 1953 for procedural details.
No — the posting location principle is the same: notices must be posted where employees customarily get information. For mobile employees who report to a central office, the poster should be posted at that office; if employees have no central reporting point, posters should be posted at the location from which they operate, consistent with 1903.2. OSHA has explained this in the interpretation about portable business carts and stalls "OSHA poster posting requirements" (May 22, 1998).