The purpose of this part is to clarify who is considered an "employer" covered by the Occupational Safety and Health Act so they know when Act requirements apply. See the purpose and scope in 1975.1(a) for the exact wording.
Yes — an entity can be an employer covered by the Act, yet specific OSHA standards may not apply to certain working conditions if those conditions are under the authority of another Federal agency. Section 1975.1(b) explains that the Act does not apply to working conditions to the extent another agency exercises different statutory authority over the occupational safety and health aspects of those conditions.
If volunteers receive no pay or other compensation and there is no employment relationship, Federal OSHA generally does not treat them as "employees" covered by the OSH Act. OSHA's interpretation explains that whether a person is an employee is a fact-based common-law test, and in the scenario you described unpaid volunteers would not be employees under Federal OSHA (Applicability to volunteers, 2005-05-13).
A charitable or non-profit organization that employs one or more paid workers is covered by the OSH Act and must follow OSHA standards for those employees. OSHA has stated that organizations with at least one employee qualify as employers under the Act and must comply with applicable OSHA requirements (Applicability to volunteers, 2005-05-13).
Federal OSHA would generally not cite an organization for failing to provide the forklift operator training in 29 CFR 1910.178(l) if neither the forklift operator nor any other potentially exposed persons are paid employees. However, OSHA strongly encourages providing that training to reduce hazards. See the volunteer interpretation for this practical guidance (Applicability to volunteers, 2005-05-13).
Yes — some State plans can extend coverage to volunteers or workers exempt from Federal OSHA authority, so volunteers may be covered in certain States even when Federal OSHA would not apply. OSHA notes that coverage of volunteers depends on state-specific circumstances and that State plans may differ (Applicability to volunteers, 2005-05-13).
You determine that status by applying two main tests and related factors: (1) whether the entity was created directly by the State so it functions as a department or administrative arm of government, or (2) whether it is administered by individuals controlled by public officials and responsible to such officials or the electorate. OSHA explains these tests and the relevant factors used to judge things like appointment/removal procedures, powers (e.g., eminent domain), tax status, and how the entity is regarded under state law in the State hospital interpretation (State hospital employer definition, 2001-08-27).
It depends on the facts; a hospital service district that is created by the State, governed by public appointees or elected officials, and exercises government-like powers (for example, eminent domain) may be considered a political subdivision and thus not an "employer" under the Act. OSHA analyzed these exact factors in its interpretation about state hospital service districts (State hospital employer definition, 2001-08-27).
Domestic household workers employed by an individual in that individual's private residence (for tasks like housecleaning, cooking, or caring for children or the elderly) are generally excluded from OSHA coverage. OSHA has stated that the policy behind the exemption that covers in-home domestic tasks applies equally to caring for the elderly in a private residence (Coverage for elderly care, 2001-02-21).
Yes — an agricultural organization that uses paid employees, that recruits, supervises, or otherwise has control over fieldworkers can be treated as an agricultural employer or joint employer for purposes of the Field Sanitation Standard. OSHA applied this approach in the VAGA (grower association) example, finding the association could be a joint employer and therefore responsible for FSS compliance (Field Sanitation Standard applicability, 1994-04-25-0).
An entity may be a joint employer for the FSS if it performs some employer functions such as recruiting, supervising, setting working conditions, or otherwise exercising control over field employees. OSHA looks at the total relationship and whether the entity is best able to ensure sanitation and potable water are provided to workers, as discussed in the VAGA interpretation (Field Sanitation Standard applicability, 1994-04-25-0).
Yes — employees working on Indian reservations are entitled to the same rights and protections under the OSH Act, and OSHA treats Indian tribes like any other private sector employer for Federal OSHA purposes. OSHA confirmed that OSHA standards and inspections apply on reservations (OSHA jurisdiction on reservations, 1993-03-25-0).
OSHA applies a broad definition of "employer" to reach as far as the commerce power permits, intending to protect as many workers as possible; courts and OSHA guidance have emphasized this broad reach in practice. The Field Sanitation interpretation explains this broad statutory intent and how it applies to agricultural employers (Field Sanitation Standard applicability, 1994-04-25-0).
You decide based on a case-by-case application of common-law principles that look at the total relationship (control, compensation, expectations, etc.); there is no single bright-line rule. OSHA explained this fact-specific approach in its interpretation about volunteers and makes clear unpaid volunteers ordinarily are not employees under Federal OSHA (Applicability to volunteers, 2005-05-13).
If volunteers receive no compensation they themselves generally are not "employees" under Federal OSHA, but the organization is still required to protect its paid employees and to follow applicable OSHA standards for those employees. OSHA further encourages providing safety training and protections to volunteers even when federal coverage does not apply (Applicability to volunteers, 2005-05-13).
Employers should determine whether the particular working conditions fall under another Federal agency's different statutory authority; where another agency exercises that authority, OSHA standards do not apply to those specific conditions even if the employer otherwise is covered by the Act. This principle is explained in 1975.1(b).
Check your State plan's rules and enforcement policies because State plans approved by OSHA can extend coverage beyond Federal OSHA and may treat volunteers differently; OSHA noted that volunteer coverage varies by State in its volunteer interpretation (Applicability to volunteers, 2005-05-13). If you need specifics, contact your State plan office for authoritative guidance.