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Federal OSHA jurisdiction over state prison inmates

Summary A Colorado inmate reported chemical exposure without safety training. OSHA said the federal Act excluded state governments from its employer definition, so federal OSHA had no jurisdiction over that state institution or its inmates, paid or unpaid. It forwarded the concern to a Colorado agency.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1992-12-16-1
Date issued
December 16, 1992
Status
Active
Status last verified October 10, 2026
Topics
Workplace Safety Coverage Jurisdiction Corrections
Source
View the official document

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About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

December 16, 1992

Mr. Deleon James Mintz, Jr.
[Recipient address omitted]
Dear Mr. Mintz:

Thank you for your letter of October 17, concerning inmate exposure to oven cleaning chemicals without the benefit of training on the use of hazardous chemicals.

The definition of an "employer" under Section 3(5) of the Occupational Safety and Health Act specifically excludes a State or any political subdivision of a State from coverage under the OSHA Act. Therefore, OSHA does not have jurisdiction over the State of Colorado or its employees, including inmates in correctional institutions, either paid or nonpaid.

Since this situation is not covered by OSHA, we are sending your letter to the State of Colorado, for appropriate action. The address is:

Colorado Department of Health
Consumer Protection Division
Corrections and Institutions
4300 Cherry Creek South
Denver, Colorado 80222-1530

The telephone number for this division is (303) 692-3628.

If you have further questions regarding OSHA's jurisdiction, please contact us.

Sincerely,
Roger A. Clark, Director
Directorate of Compliance Programs

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