Idaho — Workplace Safety

Idaho does not operate an OSHA-approved state plan. Private sector employers and workers in Idaho are covered by federal OSHA enforcement and standards. State and local government workers in Idaho are not covered by federal OSHA and have no state-level OSHA equivalent for workplace safety enforcement.

Source: OSHA State Plans

Every employer in Idaho must secure workers' compensation coverage. The requirement applies when an employer has one or more employees (full-time, part-time, seasonal, or occasional), subject to statutory exemptions in Idaho Code § 72-212. Employers may secure coverage through private insurance, the Idaho State Insurance Fund, self-insurance approved by the Industrial Commission, or the assigned risk pool. Failure to secure coverage is a misdemeanor, and the employer may be assessed a civil penalty of either $2 per employee per day or $25 per day, whichever is greater.

Source: Idaho Code § 72-301; Idaho Code § 72-319

Idaho does not operate an OSHA-approved state occupational safety and health plan. As a result, state and local government employees (including city, county, and public school workers) are not covered by the federal Occupational Safety and Health Act (OSH Act) nor by a state-level OSHA equivalent for workplace safety enforcement. The federal OSH Act, by its own terms, extends its protections only to employees in the private sector and to federal government employees (as set out by 29 U.S.C. § 652(5) and 29 U.S.C. § 654(a)), unless a state operates a federally approved state plan that covers public sector workers — which Idaho does not.

A search of Idaho statutes, including Title 44 (Labor), Title 56 (Public Assistance and Welfare), and Title 59 (Public Officers in General), reveals no alternative statutory occupational safety and health protections for state or local government employees. Idaho’s Industrial Commission oversees workers' compensation and disability claims for public employees but does not promulgate enforceable workplace safety standards analogous to OSHA standards.

Accordingly, as of this writing, state and local government employees in Idaho do not have a parallel set of enforceable occupational safety and health protections under state law. Their protections, to the extent available, arise from general workers' compensation coverage and potentially tort remedies, not from any comprehensive safety standards or agency inspection program.

Source: OSHA State Plans; 29 U.S.C. § 652(5); Idaho Statutes

Idaho requires most employers to secure workers’ compensation insurance, but Idaho Code § 72-212 carves out several explicit categories of employers and workers who are exempt from this mandate. Here are the principal statutory exemptions:

1. Household and Domestic Servants. Employment as a household or domestic servant in a private home is exempt from coverage (Idaho Code § 72-212(1)). Employers of household/domestic workers may still opt in to coverage under § 72-213 by filing a written declaration with the Idaho Industrial Commission.

2. Casual Employment. Work that is both (a) casual (meaning occasional or irregular) and (b) not related to the employer’s usual trade, business, or occupation is excluded (§ 72-212(4)). Both conditions must be met.

3. Outworkers. Individuals who work from their own home or place—rather than the employer’s premises—on materials furnished by the employer, and whose finished work is not integrated into the employer’s business, are exempt (§ 72-212(5)).

4. Federal Employees. Anyone whose employment is covered by any federal workers’ compensation law (such as federal employees or those under the Longshore and Harbor Workers’ Compensation Act) is excluded (§ 72-212(2)).

5. Farm or Agricultural Labor. Agricultural work is broadly excluded unless performed for employers primarily engaged in commercial operations who have year-round employees, or for corporate farms (§ 72-212(8)). Most small-scale or family farm work remains exempt. Employers in agriculture can elect coverage under § 72-213.

6. Real Estate Salespeople and Brokers. Those paid solely by commission are excluded (§ 72-212(9)).

7. Volunteers/Board Members. Volunteers, and certain appointed or elected officials or board/commission members receiving no regular pay, are excluded (§ 72-212(3), (6), (7)).

8. Proprietors, Partners, and LLC Members. They are exempt from mandatory coverage for themselves (not their employees), but may elect coverage under § 72-213.

Elective Coverage (§ 72-213): Employers and individuals who are exempt under the above categories can elect to be covered by submitting a written statement to the Industrial Commission. Once filed and approved, workers’ compensation laws apply as if they were not exempt.

For detailed procedures and updated lists of exempt occupations, consult the Idaho Industrial Commission. The statutory language is controlling.

Source: Idaho Code § 72-212; Idaho Code § 72-213

When a work-related injury or occupational disease occurs in Idaho that requires medical treatment or causes at least one day of missed work, the employer has a direct statutory duty to report. Idaho Code § 72‑602 requires the employer to file a First Report of Injury or Occupational Disease with the Idaho Industrial Commission using the prescribed form as soon as practicable but not later than ten (10) days after the occurrence. This filing can be made electronically or by mail, but must meet the content requirements set by the Commission.

Supplemental and final reporting: If the employee’s disability extends beyond 60 days, the employer must submit a supplemental report at the 60-day mark affirming that disability is ongoing. When the disability ends, the employer files a final supplemental report. In addition, within a timeframe (and on conditions) the Commission sets—but not more frequently than every 60 days—a summary report of total compensation and medical services paid or payable must be filed.

Penalties for non-reporting: An employer who willfully fails or refuses to file any required report commits a misdemeanor under Idaho law (Idaho Code § 72‑602(5)). No additional civil penalty or administrative fine is specified in this section.

Tolling of limitation periods: Where an employer willfully fails to file a First Report, Idaho Code § 72‑604 provides that relevant limitation periods (such as those for notice or claim under §§ 72‑701 or 72‑706) do not begin to run until the report is filed. This tolling effect is confirmed by Idaho Industrial Commission precedent (see, e.g., Rodriguez v. Woodgrain Millwork).

Source: Idaho Code § 72-602; Idaho Code § 72-604

Employers in Idaho under federal OSHA jurisdiction are required to display the “Job Safety and Health: It’s the Law” poster (OSHA 3165) in a conspicuous location accessible to employees, as mandated by 29 C.F.R. § 1903.2. Idaho does not operate an OSHA-approved State Plan, so private-sector workplace safety posting obligations are governed solely by federal OSHA standards.

For recordkeeping, most employers with 11 or more employees must maintain OSHA Form 300 (Log of Work-Related Injuries and Illnesses), Form 301 (Injury and Illness Incident Report), and must annually post the OSHA Form 300A “Summary of Work-Related Injuries and Illnesses” from February 1 through April 30, per 29 C.F.R. Part 1904 (especially §§ 1904.2–1904.4 and 1904.32(b)(5)).

Electronic Reporting (material update): Certain establishments, especially with 100 or more employees in designated industries, are subject to mandatory electronic submission of case-level data from Forms 300 and 301 via OSHA’s Injury Tracking Application (ITA) under 29 C.F.R. § 1904.41. The submission deadline is March 2 each year for the prior calendar year. As of OSHA’s March 23, 2026 enforcement memo, noncompliance with this electronic reporting duty can result in citations through September 2, 2026. This requirement represents a material federal compliance overlay not previously noted in this section.

Idaho imposes no additional workplace safety posting or recordkeeping obligations beyond federal OSHA, except for the logging industry. Logging employers in Idaho must post a written notice at logging sites confirming compliance with Idaho workers’ compensation law and listing the name and address of their insurance surety, as required by IDAPA 24.39.80.d. This state rule remains current and unchanged.

Key points:

• Federal: OSHA poster required for all employers; annual posting of Form 300A summary for establishments with 11+ employees; new/enforced electronic ITA reporting obligations for designated employers.
• State: No additional posting requirements for general industry. Special posting applies only to logging operations regarding workers’ compensation surety.

Source: 29 C.F.R. § 1903.2; 29 C.F.R. Part 1904; 29 C.F.R. § 1904.41; OSHA ITA Enforcement Memo, Mar. 23, 2026; IDAPA 24.39.80.d