State notice requirements

The State must adopt a complaint-notice procedure that tells employees, employers, and the public how to complain to OSHA about State program administration. This is required by 1954.22(a)(1).

• The adopted procedure must be consistent with the Act and the regulations.
• The rule sets a deadline for adoption (originally July 1, 1974), so modern compliance means a current, usable procedure is in place as described in 1954.22(a).

Yes — posting notices in the workplace is an acceptable way for a State to notify workers as part of meeting the notice requirement. The regulation specifically allows posting as part of the sources intended to reach the public, as stated in 1954.22(a)(2).

• The posting may be used together with other appropriate sources of information to ensure broad reach.
• The posting option is tied to the posting requirements referenced in 1902.4(c)(2)(iv).

A State may include the notice of how to complain to OSHA as part of required workplace postings to satisfy its notice duties. The posting option is explicitly referenced in 1902.4(c)(2)(iv) and linked by 1954.22(a)(2).

• Employers should ensure that the complaint notice is posted where other required safety notices are visible to employees.
• Using existing posting locations increases the chance employees will see and understand how to file complaints about State program administration.

The rule requires a procedure for notifying employees, employers, and the public but does not prescribe exact wording or a single required form. The basic requirement is described in 1954.22.

• States have discretion to decide the format and wording as long as the procedure is not inconsistent with the Act or OSHA regulations.
• A practical approach is to use clear, plain-language notices and include contact information and steps for filing complaints so the notice actually informs the intended audience.

The notification procedure must inform employees, employers, and members of the public about their right to complain to OSHA about State program administration. This is required by 1954.22(a).

• "Members of the public" includes individuals who may be affected by or interested in the State plan's administration, not just current employees.
• Use multiple channels (workplace posting, websites, public notices) to reach these varied audiences as suggested in 1954.22(a)(2).

Yes — the regulation allows notice by "other appropriate sources of information calculated to reach the public," which can include electronic means like a State website. This flexibility is provided in 1954.22(a)(2).

• Combining workplace postings with online notices increases accessibility for different audiences.
• Ensure online notices are up to date and easy to find, and include clear instructions on how to file a complaint to OSHA about State program administration.

Yes — the regulation states that each approved State plan shall adopt the notification procedure not later than July 1, 1974, making adoption a historical requirement; the rule still requires that a current procedure be in place as described in 1954.22(a)(1).

• In practice, this means an approved State plan must maintain an effective, existing procedure; if a plan lacks one, it should adopt one now to comply with the rule.
• The broader requirement and scope are described in 1954.22.

Yes — if a State elects to use workplace posting as part of its notice procedure, employers in that State will generally be expected to post the required notice where employees can see it, consistent with 1902.4(c) and 1954.22(a)(2).

• The specific posting mechanics can be set out by the State under its approved plan.
• Employers should check State plan guidance tied to 1902.4(c)(2)(iv) for details about required postings.

Yes — the regulation explicitly requires that employees and employers be informed about their right to complain to OSHA about State program administration, as stated in 1954.22(a).

• Notices should be written so that both workers and management understand how to submit complaints.
• Consider multiple notice formats (posters, mailings, websites) to ensure both audiences are reached effectively.

No — the regulation allows the State notice to be posted as part of existing workplace postings required under 1902.4(c)(2)(iv), so it does not have to be a separate poster.

• Integrating the complaint notice with other safety notices can improve visibility and reduce duplication.
• Ensure that the integrated posting is placed in the same prominent locations used for other mandatory notices so employees will see it.

The regulation does not prescribe languages, but a State should provide notices in languages understood by its workforce to effectively reach employees as required by 1954.22(a)(2).

• Practical compliance means translating notices or providing bilingual postings where large numbers of employees speak another language.
• States may also use other appropriate outreach methods (e.g., community organizations or online multilingual resources) to ensure the public and non-English speakers are informed.

Yes — using employer email lists is an appropriate method of notifying employers and employees, since 1954.22(a)(2) allows notice by other sources calculated to reach the public.

• Email is effective when it reaches employees and contains clear instructions and contact information for filing complaints.
• Keep records of distributions so the State can demonstrate it has made reasonable efforts to notify the intended audiences.

While the regulation does not list exact content, the practical requirement is that the notice inform people how to complain to OSHA, which implies including contact details or clear filing steps as part of the State's procedure in 1954.22(a)(1).

• Best practice: include an OSHA phone number, website link, and instructions for submitting complaints about State program administration.
• Including contact information makes the notice usable and demonstrably meets the regulation's intent.

OSHA oversees and evaluates approved State plans and thus reviews whether a State has adopted the required notification procedure under 1954.22 and plan requirements in 1902.

• If OSHA finds a State plan does not meet these requirements, it can take appropriate action under its oversight authorities.
• States should maintain records showing how notices are distributed and posted to demonstrate continued compliance with the regulations.

Yes — the procedure a State adopts to notify people about complaint rights must not be inconsistent with the Act or OSHA regulations, as required by 1954.22(a)(1) and the broader plan requirements in 1902.4(c).

• This means the procedure must protect the rights provided under the Act and follow applicable OSHA rules.
• States should coordinate with OSHA guidance to ensure alignment with federal requirements.