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Although it is not federally mandated by OSHA, several state OSHA programs now require employers to adopt some form of an IIPP, including California, Hawaii, Louisiana, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Carolina, Oregon, Utah, and Washington.
Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, Federal Aviation Administration, or Coast Guard).
The Family and Medical Leave Act in Puerto Rico is administrated by the U.S. Department of Labor, Puerto Rico Wage and Hour Division. Also, in Puerto Rico are various acts that establish a temporary benefit plans for the workers.
PR OSHA has identically adopted all OSHA standards and regulations applicable to state and local government and private sector employment with minor revisions to the recordkeeping regulation.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
Section 4(a) of the OSH Act of 1970 provides that: "This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf ...
The Puerto Rico State Plan covers private sector workers of the Commonwealth and state and local government workers; however, it does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the Puerto Rico State Plan.
Businesses that have 10 or fewer employees, and those from certain low-risk industries, may not be required to follow all OSHA regulations. However, it's good to remember that most OSH Act requirements are designed to keep employees safe.