Montana — Workplace Safety

Montana does not operate an OSHA-approved state plan. Federal OSHA has jurisdiction over most private-sector employers and workers in the state. State and local government workers are not covered by federal OSHA; instead, they fall under the Montana Occupational Safety and Health Act (Mont. Code Ann. § 50-71-111 et seq.), which is enforced by the Montana Department of Labor & Industry's Safety and Health Bureau for public-sector workplaces.

Source: OSHA State Plans | Mont. Code Ann. § 50-71-111 | Mont. Code Ann. § 50-71-115

Montana imposes a general duty clause on public sector employers (state agencies, counties, municipalities, school districts, and other political subdivisions) under Mont. Code Ann. § 50-71-116. This statute parallels federal OSHA's General Duty Clause but applies only to government employers in Montana. The statute establishes three separate affirmative obligations.

Hazard-free workplace requirement

Mont. Code Ann. § 50-71-116(1)(a) requires each public sector employer to "furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to public sector employees." This provision establishes a broadly applicable standard that reaches workplace hazards even in the absence of specific regulations addressing the particular condition.

Safe practices and methods requirement

Under Mont. Code Ann. § 50-71-116(1)(b), each public sector employer must "adopt and use practices, means, methods, operations, and processes that are adequate to render the workplace safe." This obligation focuses on implementing safe systems of work beyond merely avoiding recognized hazards.

Protective actions requirement

Mont. Code Ann. § 50-71-116(1)(c) directs each public sector employer to "take appropriate actions necessary to protect the life, health, and safety of public sector employees." This third duty serves as a catch-all for employer responsibilities not encompassed by the first two prongs.

Employee compliance duty

Public sector employees also bear a duty under Mont. Code Ann. § 50-71-116(2): "Each public sector employee shall comply with the safety and health standards, rules, and orders issued pursuant to this part as they apply to the public sector employee's own actions and conduct."

Enforcement and inspection authority

The Montana Department of Labor & Industry enforces § 50-71-116 through workplace inspections authorized by Mont. Code Ann. § 50-71-118. After each inspection, the department prepares a written report listing violations discovered, and violations by public sector employees are attributed to the public sector employer. Under Mont. Code Ann. § 50-71-119(1), the inspection report must be provided to the employer and to any labor organization representing affected employees, and the employer must post the list of hazards at visible locations in the workplace.

Mont. Code Ann. § 50-71-119 authorizes the department to assess penalties for violations and permits public sector employers to appeal citations or penalties through a contested case proceeding under Montana's Administrative Procedure Act. The department may waive or reduce penalties if the employer timely corrects the violation.

Recordkeeping requirements

Under Mont. Code Ann. § 50-71-117, each public sector employer must "maintain records of occupational injuries, illnesses, and deaths as the department may require by rule." The department may inspect those records or require submission for review.

Private sector employers not covered

Private-sector employers in Montana are not subject to the Montana Occupational Safety and Health Act and remain under federal OSHA jurisdiction. Mont. Code Ann. § 50-71-112(6) defines "private sector employer" as "any employer that is not a public sector employer" (the term includes for-profit and not-for-profit employers), and the Act's enforcement provisions apply only to public sector employers. Montana does not operate an OSHA-approved state plan.

Source: Mont. Code Ann. § 50-71-116 | Mont. Code Ann. § 50-71-117 | Mont. Code Ann. § 50-71-118 | Mont. Code Ann. § 50-71-119 | Mont. Code Ann. § 50-71-112