Georgia — Workplace Safety

Georgia does not operate an OSHA-approved state plan. Most private-sector employers and workers in Georgia fall under federal OSHA jurisdiction, which enforces the standards found in 29 C.F.R. Parts 1903, 1904, 1910 (general industry), 1926 (construction), and related federal workplace safety regulations. State and local government workers in Georgia are not covered by federal OSHA and lack the protections of the OSH Act because Georgia has no state plan extending coverage to public employees.

Source: OSHA State Plans page

Unable to confirm as of 2026-07-06.

Georgia does not have a state OSHA plan, which means state and local public sector employees are not covered by federal OSHA regulations. However, Georgia provides public employees with a specific workplace chemical safety right under the Georgia Public Employee Hazardous Chemical Protection and Right to Know Act ("Right to Know Act") (O.C.G.A. § 45-22-2 et seq.).

Scope and Coverage: The Right to Know Act covers employees of the State of Georgia, its departments, agencies, commissions, authorities, and all political subdivisions, including counties, municipalities, school districts, and local authorities. The law includes most public employees but does not extend to private employers.

Core Protections:

• Hazard Communication: State and local government employers must inform employees about hazardous chemicals in their workplaces through training programs, proper labeling, and maintaining Safety Data Sheets (SDS) for each hazardous chemical present.
• Access to Information: Public sector employees have the right to access information about hazardous chemicals used or stored at their worksite, including SDSs and chemical inventories. This right extends to designated representatives and in some cases to local emergency authorities.
• Training Requirements: Employers must provide workplace-specific training on hazardous chemicals before an employee's initial assignment and whenever a new hazardous chemical is introduced. The training must include information on interpreting labels and SDSs, safe handling procedures, and emergency response.

Enforcement and Exclusions:

• The Georgia Department of Labor enforces the Act. The statute specifies certain exclusions, including hazardous consumer products in routine household use and certain pharmaceuticals in a healthcare setting, among others (see O.C.G.A. § 45-22-9 for exclusions).
• The Act does not create a general workplace safety obligation for public sector employers beyond chemical hazard communication and does not require correction of all hazardous conditions unrelated to chemical exposure—there is no Georgia equivalent to the federal OSHA "General Duty Clause" for public employers.

Source: O.C.G.A. § 45-22-2 et seq.

Statutory change — effective January 1, 2026: Georgia’s workers’ compensation law was amended by the 2025 legislative session (House Bill 480) to lower the threshold for mandatory coverage from five employees to three employees, effective January 1, 2026. This means that, starting on that date, every employer in Georgia with three or more employees (including full-time, part-time, and seasonal workers) is required to secure workers’ compensation insurance coverage. The prior rule required coverage for employers with five or more employees; employers with three or four employees will be subject to these requirements for the first time as of 2026.

Where the change appears in statute:

• The core coverage requirement remains in O.C.G.A. § 34-9-2(a), which sets out which employers must provide coverage and which categories of workers remain exempt (such as railroad employees involved in interstate commerce, farm laborers, and domestic servants).
• The January 1, 2026 effective date and the shift to a three-employee threshold are set forth in the session law as enacted and will be codified in O.C.G.A. § 34-9-2 following the effective date. As of this writing (June 2026), the official code reflects the amendment and incorporates both the new threshold and the effective date.

Who is counted? For corporations and LLCs, officers and members are included in the employee count—even if they formally exempt themselves from coverage under O.C.G.A. § 34-9-2(a)(2). All of these individuals must be considered for threshold purposes. Exemptions for certain worker categories remain unchanged; for details, see O.C.G.A. § 34-9-2(a)(3).

Key compliance note: Employers reaching three employees for the first time must ensure coverage is in place by January 1, 2026, to remain compliant. The State Board of Workers’ Compensation administers the requirement and accepts either private insurance or Board-approved self-insurance.

Source: O.C.G.A. § 34-9-2

Georgia law requires all employers with three or more employees (full-time, part-time, or seasonal) to secure workers’ compensation insurance, either by purchasing coverage through a carrier or by qualifying as a self-insurer. If an employer fails to carry required insurance, Georgia imposes a layered penalty regime — both civil and criminal — administered by the State Board of Workers’ Compensation (SBWC) and the courts.

Civil penalties: Under O.C.G.A. § 34-9-18(c), the SBWC may assess a civil penalty of $500 to $5,000 for each violation of the insurance requirement. Each day or each individual violation may be counted separately. The employer may also be held liable for reasonable attorney’s fees and the costs of collection (O.C.G.A. § 34-9-18(e)).

Loss of liability shield: When an employer does not maintain required coverage, it forfeits the “exclusive remedy” protection — meaning that injured employees (or their dependents) can sue the employer directly for tort damages, and the employer cannot use many common-law defenses such as contributory negligence (O.C.G.A. § 34-9-8(b)).

Criminal penalties: O.C.G.A. § 34-9-126(b) makes it a misdemeanor to refuse or willfully neglect to file proof of workers’ compensation coverage. Upon conviction, this can result in a criminal record and is punishable under Georgia’s general misdemeanor sentencing framework. The statute further mandates that if benefits are awarded against a non-compliant employer, the award must be increased by 10 percent, and the employer must pay the employee’s reasonable attorney’s fees, both of which become immediately due (O.C.G.A. § 34-9-126(b)).

Summary (for the busy reader):

• Civil penalty: $500–$5,000 per violation, plus costs and attorney’s fees
• Loss of exclusive remedy (tort liability exposure)
• Criminal misdemeanor for willful refusal or neglect
• If compensation is awarded: mandatory 10% increase in award + employee’s attorney’s fees, both due immediately

Source: O.C.G.A. § 34-9-18, O.C.G.A. § 34-9-126, O.C.G.A. § 34-9-8

Georgia extends specific chemical safety and hazard communication protections to most public sector workers under the Public Employee Hazardous Chemical Protection and Right to Know Act (O.C.G.A. Title 45, Chapter 22), with operational requirements detailed in Georgia Comp. R. & Regs. 300-3-19. This law covers employees of state agencies, departments, boards, local governments, authorities, and public schools—groups not covered by federal OSHA, as Georgia does not have a state OSHA plan.

Coverage and Employer Duties:

• The Act applies to nearly all public employers in Georgia, requiring them to appoint a "Right to Know" coordinator, maintain a written hazard communication program, and ensure key records (chemical inventory, Safety Data Sheets (SDS), workplace chemical lists) are available to employees for inspection. See Ga. Comp. R. & Regs. 300-3-19-.04, -.05.
• Public employers must post a state-prescribed "Hazardous Chemicals Right to Know Notice" prominently in each workplace (300-3-19-.05(2)).

Training Requirements:

• Employers must provide affected employees with training on the identities and hazards of chemicals in their work area at the time of hire or assignment to a new exposure and at least annually thereafter (300-3-19-.07).
• Training content must include interpreting labeling and SDSs, safe work practices, and emergency procedures.

Right of Access / Disclosures:

• Employees (and their designated representatives) may inspect the chemical inventory list, obtain copies of Safety Data Sheets, and can file written grievances if information is not made available (300-3-19-.09).

Contractor Requirements:

• Contractors performing work on public property must provide the agency a list of chemicals they bring onsite, and public employers must notify contractors about hazardous chemicals present (300-3-19-.08).

Enforcement, Exemptions, and Limits:

• The Georgia Department of Labor enforces the Act. Certain ordinary consumer-use products and pharmaceuticals are exempt (see 300-3-19-.02(3)). The law focuses on chemical hazard communication and does not establish a general workplace safety standard—Georgia still has no state-wide equivalent of OSHA’s "general duty clause."

Source: Ga. Comp. R. & Regs. 300-3-19

Georgia law requires most employers with three or more employees (full-time, part-time, or seasonal) to secure workers’ compensation insurance or qualify as a Board-approved self-insurer (O.C.G.A. § 34-9-2, § 34-9-121). Failure to maintain the required coverage exposes employers to multiple layers of penalties and liabilities—both civil and criminal—while also expanding the remedies available to injured workers.

Civil penalties:

• The State Board of Workers’ Compensation (SBWC) may assess a civil penalty of $500 to $5,000 for each violation of the insurance requirement (O.C.G.A. § 34-9-18(c)). Each uninsured period or violation may be treated separately.
• Additional penalties, ranging from $100 to $1,000 per violation, may apply for failing to file required forms or comply with Board orders (O.C.G.A. § 34-9-18(a)); knowingly making false or misleading statements can carry penalties of $1,000–$10,000 (O.C.G.A. § 34-9-18(b)).
• The employer is also liable for the injured worker’s reasonable attorney’s fees and an automatic 10% increase in any compensation awarded, due immediately if coverage was not in place (O.C.G.A. § 34-9-126(b)).

Criminal penalties: An employer who “refuses or willfully neglects” to secure workers’ compensation is guilty of a misdemeanor, punishable by a fine of $1,000–$10,000, up to 12 months’ imprisonment, or both (O.C.G.A. § 34-9-126(b)).

Loss of exclusive-remedy protection / remedies for injured workers:

• An uninsured employer loses the exclusive-remedy protection (O.C.G.A. § 34-9-8(b)); an injured worker may file a workers’ compensation claim and separately sue the employer directly for tort damages. Most common-law defenses (e.g., contributory negligence) are unavailable to the employer.
• The Board may order payments in the same manner as if the employer had been insured. Workers can seek medical, income, and death benefits directly from the employer, even if uninsured (O.C.G.A. § 34-9-120).
• In a contractor/subcontractor context, the general contractor may become statutorily liable if a subcontractor lacks required coverage (O.C.G.A. § 34-9-8).

Source: O.C.G.A. § 34-9-18, O.C.G.A. § 34-9-126, O.C.G.A. § 34-9-8, O.C.G.A. § 34-9-121, O.C.G.A. § 34-9-120