Public Sector Employees, Texas, and Confined Space - Part 1

Question:  Do public sector employees need to comply with any safety regulations regarding entry into a confined space?

Answer: I don't know.

Really?  That's my answer to that question?  "I don't know."

Yeah, that's right.  At this point in time I don't know.  So I am going to find out.

Here is what I understand at this point in my quest:

The protections of the Act are extended to all private sector workers. However, the specific requirements of the Act have created a patchwork of coverage for workers in the public sector. Some of these workers are covered by the Act while others are not.

That's from a document by OSHA called " Evaluating the Status of Occupational Safety and Health
Coverage of State and Local Government Workers in Federal OSHA States."  Texas, the state I work in, is a Federal OSHA state.  That means that we do not have our own OSHA regulations which are known as a "state approved plan." According to OSHA:

There are currently 22 States and jurisdictions operating complete State plans (covering both the private sector and State and local government employees) and 5 - Connecticut, Illinois, New Jersey, New York and the Virgin Islands - which cover public employees only. (Eight other States were approved at one time but subsequently withdrew their programs).

So if only 27 states have rules covering public sector employees, where does that leave guys like me, a Texas State employee?  Why am a I not covered under the same employee safety rules when I do similar jobs, like entering a confined space, trenching and shoring, wearing a respirator, and other hazardous operations, just like my counterparts in the private sector?

Here is what OSHA says about that:

Section 2(b) of the Act states that it is the purpose and policy of Congress “. . . to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.”

Well me and my fellow state employees are "working man and woman" so what part of the word "every" do we not meet?  Here is what OSHA says about that:

...because the definition of an employer in Section 3 of the Act specifically excludes: “. . . the United States or any State or political subdivision of a State . . .,” their workers are not provided the Act’s protections.

Really?  Thanks 1970's congress!  OSHA says

As a result, while all private sector workers are protected under provisions of the Act, all public sector workers are not. Only Section 18(b) State Plan states must provide OSHA protections for public sector workers.

Because Texas is not one of the 27 states with a State Plan I guess we are SOL on having to meet any type of confined space safety requirements.  Pop the top and enter!

No...that can't be right...can it?  Here is what I found out from that OSHA document:

Two states, Alabama and Delaware, had no recognizable occupational safety and health programs for public sector workers at either the state or local government level. These states had no OSH legislation enacted nor Governors’ Executive orders establishing a program comparable to the standards, or providing the protections equivalent to the provisions of Section 18(b) of the OSH Act.

But then I see this:

I'm confused, perplexed, and, well...

You mean to tell me that me and my 936,999 fellow public sector employees are provided no safety and health protection?  That can't be right...can it?


Next post: Part 2

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