OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1949.2

Definitions for training institute

Subpart A

12 Questions & Answers

Questions & Answers

Under 1949.2, what does the term "Private sector students" mean for the OSHA Training Institute?

Under 1949.2 "Private sector students" means those students attending the Institute who are not employees of Federal, State, or local governments. This definition is the controlling meaning for the OSHA Training Institute; any person who is not a government employee is considered a private sector student for purposes of this subpart.

Are Federal, State, or local government employees considered "Private sector students" under 1949.2?

Under 1949.2, no—employees of Federal, State, or local governments are not "Private sector students." The term explicitly excludes anyone who is an employee of those government levels.

If I work for a private company contracted to a federal agency, am I a "Private sector student" at the OSHA Training Institute?

Under 1949.2, yes—if you are employed by a private contractor (even one working for a federal agency) and are not a government employee, you are a "Private sector student." The key test is whether your employer is a government entity; contractors employed by private companies are treated as private sector.

If I'm an unpaid volunteer for a city program, would I be a "Private sector student" under 1949.2?

Under 1949.2, most likely yes—because the definition excludes "employees of Federal, State, or local governments," and an unpaid volunteer usually is not a government employee. If you are not legally employed by the government entity, you fit the plain-language definition of a "Private sector student." If your volunteer role is treated as employment by the government for legal or payroll purposes, then you would not be a private sector student.

Does the phrase "Any term not defined herein shall have the same meaning as given it in the Act" in 1949.2 change the definition of "Private sector students"?

Under 1949.2, no—the sentence only means that if a term is not defined in this subpart, its meaning defaults to the Occupational Safety and Health Act's definitions. The explicit definition of "Private sector students" in 1949.2 stands on its own and is not altered by that rule.

If an employee of a state university attends the Institute, are they a "Private sector student" under 1949.2?

Under 1949.2, it depends on the university's employment status: if the university employee is employed by a State government entity, they are not a "Private sector student." If the university is a privately run institution and the person is not a state employee, then they are a private sector student. The definition focuses on whether the attendee is an employee of Federal, State, or local governments.

If I retired from a federal agency and now attend the OSHA Training Institute, am I a "Private sector student" under 1949.2?

Under 1949.2, yes—retirees are not current employees of Federal, State, or local governments, so a federal retiree attending the Institute would be treated as a "Private sector student" unless they hold a current government employment relationship.

Does 1949.2 set course fees or enrollment priority based on the "Private sector students" definition?

Under 1949.2, no—the section only provides definitions and does not establish fees or enrollment priorities. Course fees, priorities, or eligibility rules are set elsewhere in OSHA or Institute policy; check the Institute's specific guidance for fee and enrollment details.

If a person is on temporary assignment to a local government but paid by a private employer, are they a "Private sector student" under 1949.2?

Under 1949.2, generally yes—what matters is whether the person is an employee of a Federal, State, or local government. If their official employer (who pays them) is a private company, they would normally be considered a "Private sector student," even if temporarily assigned to work with a government entity.

How should training managers verify whether an applicant is a "Private sector student" under 1949.2?

Under 1949.2, training managers should confirm the applicant's current employment status—specifically whether the applicant is an employee of a Federal, State, or local government. Practical verification steps include checking employer name and payroll status or requesting employer verification; the regulation defines the category by employment relationship, not by contract or temporary location.

Does the definition in 1949.2 apply to other OSHA training programs beyond the OSHA Training Institute?

Under 1949.2, this specific definition applies to the OSHA Training Institute subpart (Part 1949). Other OSHA programs may use the same or different definitions in their own rules, so you should check the relevant part for those programs. The cross-reference paragraph also says undefined terms take their meaning from the Act, which can help interpret terms across parts.

If someone is employed by a federal contractor but their job is funded by the government, does 1949.2 consider them a government employee or a "Private sector student"?

Under 1949.2, they are a "Private sector student" if their employer is a private contractor and they are not directly employed by a Federal, State, or local government. The source of funding (government-funded work) does not by itself make the worker a government employee for the purpose of this definition.