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OSHA coverage of private workers in a state building

Summary A state senator asked about workers in a termite-damaged state courthouse building. OSHA said federal law did not give it jurisdiction over the state employees there, but private-sector employees exposed to deteriorated structural conditions in the same building were covered. It forwarded the concern for complaint processing.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1991-05-15
Date issued
May 15, 1991
Status
Active
Status last verified October 9, 2026

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May 15, 1991
The Honorable David B. McBride
State of Delaware Senate
[Recipient address omitted]
Dear Senator McBride:
Thank you for your inquiry of April 4, concerning the health and safety of employees who work in a State building housing the Justice of Peace Courts 7 and 16 in Dover, and which is infested with termites.
According to the information that we received from your assistant Valarie Metselar over the telephone, the State building has State employees as well as private sector employees. The Occupational Safety and Health Act of 1970 does not grant the Occupational Safety and Health Administration (OSHA) jurisdiction over State employees; however, any private sector employees exposed to State building deteriorated structural conditions would be covered by OSHA.
Your letter will be forwarded to the OSHA Philadelphia Regional Office to be processed as a complaint. If you have or need any additional information please contact the Philadelphia Regional Office at the following address:

U.S. Department of Labor - OSHA
Gateway Building, Suite 2100
3535 Market Street
Philadelphia, Pennsylvania 19104
Telephone: 215-579-4955

If we may be of further assistance, please feel free to contact us.
Sincerely,
Patricia K. Clark, Director
Directorate of Compliance

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