New Hampshire — Workplace Safety

New Hampshire does not operate an OSHA-approved state plan under Section 18 of the Occupational Safety and Health Act. Federal OSHA administers and enforces occupational safety and health standards for all private-sector employers and their employees in the state. Federal OSHA does not cover state, county, and municipal government employers; those public-sector workplaces fall under separate New Hampshire state authority.

Source: OSHA State Plans

New Hampshire public-sector employers — the state and all political subdivisions including cities, towns, and counties — are subject to state occupational safety and health standards under RSA Chapter 277 and the implementing administrative rules in N.H. Admin. Rules Lab 1400, not federal OSHA. Private-sector employers in New Hampshire fall under federal OSHA jurisdiction, but RSA 277 became enforceable only in the public sector after Congress enacted the federal Occupational Safety and Health Act in 1970.

Scope — definition of public employer

Under RSA 277:1-b(II), "Employer" means "the state or any of its political subdivisions operating a place of employment." The statute applies to all places of employment in which one or more persons are regularly employed (RSA 277:1). Volunteers or auxiliary members of fire departments, police departments, ambulance services, or the state police — whether paid or unpaid — are deemed employees when performing official service or duty for a political subdivision (RSA 277:1-b(I)).

General duty clause

New Hampshire imposes a general duty clause parallel to federal OSHA's § 5(a)(1). Under N.H. Admin. Rules Lab 1403.01(a), each employer must "furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees." The rule further requires employers to instruct each employee in the recognition and avoidance of unsafe conditions and in the rules applicable to the employee's work environment to control or eliminate any hazards or other exposure to illness or injury.

Employees also have obligations. Lab 1403.01(b) requires each employee to comply with all safety rules and regulations applicable to the employee's own actions and conduct.

Enforcement by the New Hampshire Department of Labor

The New Hampshire Labor Commissioner administers and enforces RSA 277 and Lab 1400. Under RSA 277:13, the Commissioner "shall cause all places of employment subject to this law to be inspected at intervals to be determined by him, for the purpose of determining whether the provisions of this chapter have been complied with and the conditions therein with respect to the safety and health of the employees." The Commissioner has authority under RSA 277:16 to adopt rules as reasonably necessary to carry out the provisions of RSA 277:10 (sanitation requirements) and 277:11 (safeguards for machinery and hazardous conditions).

Substantive standards in Lab 1400

The Lab 1400 administrative rules contain numerous specific safety and health standards applicable to public employers, covering topics such as:

• Accident reporting and recordkeeping (Lab 1403.04): Employers must keep an annual log of all workplace injuries and illnesses for which a first report of injury is submitted to the Department of Labor, made available to safety inspectors on request.
• Machine guarding (Lab 1403.36)
• Personal protective equipment (Lab 1403.43)
• Respiratory protection (Lab 1403.47): Respirators must be selected by the employer based on the hazard to which the worker is exposed and provided as necessary to protect health.
• Noise exposure (Lab 1403.38): Employers must ensure that protection against occupational noise exposure is provided when sound levels exceed permissible noise exposures in the regulation's table; feasible engineering or administrative controls must be used first, with personal protective equipment required when controls fail to reduce noise to acceptable levels. Exposure to impulsive or impact noise may not exceed 140 dB peak sound pressure level.
• Confined-space entry
• Washing and toilet facilities (RSA 277:10 and Lab 1403.62): Every public employer must provide and maintain reasonable and proper toilet facilities and reasonably sanitary and hygienic conditions for employees.

The prohibition in Lab 1403.01(d) states: "The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of these rules shall be prohibited."

Relationship to federal OSHA standards

RSA 277 and Lab 1400 are not an OSHA-approved state plan under Section 18 of the federal OSH Act. New Hampshire has never obtained federal approval for a comprehensive state occupational safety and health program. Consequently, public employers in New Hampshire are covered by state law alone, while private employers remain under federal OSHA enforcement. The state standards in Lab 1400 do not automatically mirror or adopt federal OSHA standards, though some provisions are similar in structure (such as the general duty clause). Practitioners advising public employers should consult the actual text of RSA 277 and Lab 1400 rather than assuming federal OSHA rules apply by reference.

Right to petition for inspection

Under RSA 277:13-a (employee petition for inspection), employees or their representatives may petition the Commissioner for an inspection of a public workplace. This mirrors the federal OSHA employee complaint mechanism but is a separate state-law right.

Source: RSA 277 Source: RSA 277:1 Source: RSA 277:13 Source: N.H. Admin. Rules Lab 1400 Source: NH DOL Safety & Training Division

Any contractor (defined as a “person signing a contract”) on a public‑works construction project in New Hampshire must ensure that every on‑site employee completes the OSHA‑approved 10‑Hour Construction Safety Program under RSA 277:5‑a I. The requirement triggers when the project is for public work paid in whole or part by state funds and the total project cost is $100,000 or more (effective dates: enacted 2007; amended effective Jan 1 2013; expanded July 1 2023). All employees must complete the training before beginning work and must receive an OSHA-issued certification card as proof of successful completion.

If an employee required to take the training has not done so, the employer must remove them from the worksite if documentation is not provided within 15 days after the violation is discovered. That documentation can be from the employee directly or provided by the employer.

The Labor Commissioner (or designee) enforces compliance and may assess civil penalties: up to $2,500 per violation, plus $100 per noncompliant employee per day. Collected funds go to the Department of Labor restricted fund under RSA 273:1‑b.

The statute includes exemptions: law enforcement overseeing traffic control or site security; flaggers trained under DOT; federal, state, and municipal employees and inspectors; and those not considered “on‑site” under the federal Davis‑Bacon Act—such as delivery or non‑trade personnel.

Source: NH RSA 277:5‑a

New Hampshire public-sector employers—including the state and all political subdivisions—must comply with RSA 277-A, the “Worker’s Right to Know Act,” when employees may be exposed to toxic substances. Private-sector employers are instead covered by the federal OSHA Hazard Communication Standard (HazCom), 29 C.F.R. § 1910.1200. The two regimes cover similar ground (employee disclosure, signage, training), but with distinct mechanisms and a few notable differences.

1. RSA 277-A (Worker’s Right to Know Act) — Public Sector

• Scope: RSA 277-A:3(III) includes public employers (the state or any political subdivision).
• SDS requirements: Employers must keep Safety Data Sheets (SDS) for every toxic substance and make them available to employees on request within 72 hours (RSA 277-A:5(I), (III)). If not provided within five working days after the request, the employee may refuse to work with the substance (RSA 277-A:6).
• Warning requirements: Employers must post clearly worded “Warning” signs near work areas, listing the substance, nature of hazard, symptoms, emergency treatment, protective measures, and clean-up/fire protocols (RSA 277-A:5(II)).
• Training: All employees who are routinely exposed to toxic substances must receive training from their employer. New employees must be trained within one month of being hired. Training covers substance ID, risks, handling procedures, symptoms of exposure, and emergency response (RSA 277-A:5(IV)).
• Fire department notice: Employers must notify the local fire department of the presence and location of covered substances, and provide requested SDS (RSA 277-A:5(VI)).
• Retention: Employers must preserve SDS for 30 years, even after closure or relocation (RSA 277-A:5(VIII)).

2. OSHA Hazard Communication Standard (Private Sector Reference)

• Scope: Applies to all private employers with hazardous chemicals (29 C.F.R. § 1910.1200(b)).
• Written program: Requires a documented hazard communication program describing how the employer will label, train, and provide access to hazard information (29 C.F.R. § 1910.1200(e)).
• Labeling: Employers must ensure GHS-compliant labeling on all hazardous chemical containers and relevant workplaces (29 C.F.R. § 1910.1200(f)).
• SDS access: Employers must keep SDS readily accessible for each hazardous chemical in the work area during each work shift (29 C.F.R. § 1910.1200(g)(8)).
• Training: Information and training must occur at initial assignment and whenever a new chemical hazard is introduced. Training must cover detection, hazards, protection, emergency procedures, and the use of labels/SDS (29 C.F.R. § 1910.1200(h)).

Key differences between NH public-sector and federal private-sector rules:

| Provision | RSA 277-A (NH public sector) | OSHA HazCom (Private sector) | |------------------|---------------------------------------------|-----------------------------------------------| | Written program | Not required | Required (§ 1910.1200(e)) | | Labeling/signage | "Warning" signs near use areas (plain language) | GHS-compliant labeling on containers (§ 1910.1200(f)) | | SDS access | Must be supplied within 72 hours of request; refusal right if not delivered within 5 working days (§ 277-A:5(III); § 277-A:6) | Immediate access required during work shifts (§ 1910.1200(g)(8)) | | Training timing | New hires: within 1 month; existing: must be trained, including when new substance introduced (§ 277-A:5(IV)) | At assignment and with new hazards (§ 1910.1200(h)) | | Retention | 30 years (§ 277-A:5(VIII)) | Only general OSHA retention rules | | Fire dept. notice| Yes (§ 277-A:5(VI)) | Not required |

RSA 277-A provides refusal rights and an explicit fire department notification regime that are missing from federal HazCom, while OSHA’s standard imposes a formal written program and more rigorous container labeling requirements on private employers.

Source: NH RSA 277-A (Toxic Substances in the Workplace) Source: 29 C.F.R. § 1910.1200 (Hazard Communication Standard)

New Hampshire requires employers with 15 or more employees—including private businesses and public entities—to create a written safety program and to form a Joint Loss Management Committee (JLMC). These requirements stem from RSA 281-A:64 and are implemented by N.H. Admin. Rules Lab 600. For public employers, these obligations overlay broader workplace safety mandates under RSA 277.

Coverage and threshold (RSA 281-A:64, I): The duty to have a written safety program and JLMC applies to "every employer of 15 or more employees as defined in RSA 281-A:2." This count includes full-time, part-time, and seasonal employees.

Written safety program—core elements (Lab 602.01):

• Declaration of employer’s commitment to safety, including resources
• Assignment of responsibility for accident prevention
• Procedures for identifying workplace hazards and how to correct them
• An employee communication system (meetings, postings, newsletters)
• Training and orientation protocols for all workers
• Accident and near-miss investigation process
• Emergency response instructions
• Biennial program effectiveness review, documented in writing by a company official or the JLMC. Review documentation must be retained for Department of Labor inspection (Lab 602.01(g); 603.02(6)).

Joint Loss Management Committee (JLMC) (RSA 281-A:64, III; Lab 603.02):

• Equal numbers of employer- and employee-appointed representatives
• Members chosen by and representing their respective groups
• Quarterly meetings at minimum (Lab 603.02(2)), with written minutes retained for at least 5 years and provided to the DOL upon request (Lab 603.02(5))
• Duties include reviewing workplace injuries, recommending improvements, assisting with policy review, and supporting safety training initiatives

Filing, documentation, and updates:

• The initial written safety program and JLMC must be filed with the Department of Labor (RSA 281-A:64, II(a); Lab 603.02(4))
• Updates must be filed promptly whenever substantive revisions are made, and the program must be reviewed every two years; documentation of all reviews and updates is required (Lab 603.02(6))

DOL review and penalties (Lab 603.03–603.04):

• The DOL reviews submitted programs for compliance; deficiencies result in a notice and opportunity to cure before penalties
• Failure to timely file, update, or maintain a compliant program or committee after notice may result in fines after a hearing (Lab 603.04)
• Waivers from these requirements are available for low-hazard operations via petition and DOL approval (RSA 281-A:64, IV)

Additional RSA 277 obligations for public employers: Public-sector employers must also comply with RSA 277’s broader workplace safety duties (safe facilities, sanitation, machine guarding, medical chests, recordkeeping, etc.). A municipality, school district, or state agency with at least 15 employees is subject to both the program/JLMC rules of RSA 281-A:64/Lab 600 and the foundational RSA 277 safety statutes.

Source: RSA 281-A:64 Source: N.H. Admin. Rules Lab 600 Source: RSA 277

RSA 277:5‑a requires that any person who signs a contract—whether a public‑ or private‑sector entity—to perform construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair on any public work or building is subject to state OSHA-related training obligations if two conditions are met:

• The work is for a state agency, municipality, or any instrumentality thereof;
• The total project cost is $100,000 or more.

Mandatory OSHA 10-Hour Construction Safety Training

If those conditions apply, every on‑site employee (regardless of whether their direct employer is a public agency or a private contractor) must have successfully completed an OSHA 10‑Hour Construction Safety Program. The training must use an OSHA‑accepted curriculum and be completed before an employee starts work on the project. Each employee must be able to present an official OSHA training card as proof of completion.

Who is covered?

The statute covers any person signing a contract for qualifying public works, not just public-sector employees. This means private-sector contractors, subcontractors, and workers are included if their labor is performed on qualifying state or local public projects. RSA 277:5‑a(I), (II). Law enforcement, some flaggers, and certain inspectors are exempt as defined in the statute.

Penalties and enforcement

Failure to comply can lead to removal from the worksite if documentation is not produced, and the Department of Labor may assess civil penalties—up to $2,500 per violation, plus $100 per noncompliant employee per day that work continues on the project.

Summary of requirements:

• Applies to public- and private-sector employers and employees on public works funded in whole or part with state funds over $100,000
• Training required before work begins; OSHA card required
• Civil penalties apply for noncompliance
• Several exemptions apply (see statute for details)

Source: New Hampshire RSA 277:5‑a

Criminal penalties under RSA 277 (public-sector safety rules)

Public-sector employers in New Hampshire—state agencies, counties, cities, towns, and school districts—are subject to state safety requirements under RSA 277 and the administrative rules in Lab 1400. However, the enforcement mechanisms for RSA 277 violations are notably different from those under federal OSHA, and the New Hampshire Labor Commissioner does not have broad authority to assess civil penalties administratively against public employers.

1. Criminal enforcement—no administrative civil penalties under RSA 277 or Lab 1400

• RSA 277:35 requires the Labor Commissioner (or representative) to first notify an employer of the requirements not being met and provide an opportunity for compliance before any prosecution is initiated.
• If an employer fails to comply with a lawful order or requirement, RSA 277:36 specifies that such violations are misdemeanors for individuals and felonies for corporations or other entities. Prosecution is handled through the criminal courts—not by administrative process.
• For violations causing or likely to cause imminent danger of death or serious harm, the Commissioner can issue a stop-work order (RSA 277:36), enforceable until the hazard is remedied.
• RSA 277 contains no language granting the Labor Commissioner authority to assess civil (monetary) penalties directly against public employers for general safety violations. Penalty authority is criminal, not civil, and is court-enforced.

2. Civil penalties—limited to RSA 277-A ‘Worker’s Right to Know’ (toxic substances)

• Under RSA 277-A:12, failure to comply with hazardous substance notification, safety data, or training requirements in the public sector can result in a civil penalty of up to $2,500 per violation, per day. The Commissioner may bring a civil action in superior court to collect such penalties, but cannot assess them administratively.

Summary: Public employers face criminal prosecution and potential stop-work orders for RSA 277 and Lab 1400 violations—not routine civil monetary fines. RSA 277-A creates civil penalties, but only through court action, not direct administrative assessment.

Source: RSA 277 (Safety and Health of Employees) Source: RSA 277:35 Source: RSA 277:36 Source: Lab 1400 Safety Rules Source: RSA 277-A:12 (Hazardous Substances—Penalties)

New Hampshire's RSA 277-A, also known as the Worker’s Right to Know Act, applies broadly to public-sector employers—inclusive of the state, its political subdivisions (such as counties, cities, and towns), school districts, and quasi-public agencies. RSA 277-A:3(III) defines “employer” to expressly include all branches of state and local government, overlaying the general safety rules in RSA 277. By contrast, private-sector employers in New Hampshire are subject to the federal OSHA Hazard Communication Standard (HazCom, 29 C.F.R. § 1910.1200) but not RSA 277-A.

Key requirements for public-sector employers under RSA 277-A (Toxic Substances in the Workplace):

• Safety Data Sheets (SDS): Public employers must maintain an SDS for every toxic substance or multi-substance mixture present in the workplace and make them available for inspection and reproduction at a convenient location. SDSs must be furnished to employees within 72 hours of request (RSA 277-A:5(I), (III)).
• Warning signs: Employers must post plainly worded “Warning” signs in work areas where toxic substances are present. The notice must name the substance, list acute and chronic hazards, describe symptoms, emergency treatment, safe-use conditions, clean-up procedures, and actions in case of fire or environmental changes (RSA 277-A:5(II)).
• Training: Employers must train every employee routinely exposed to toxic substances—within the first month of employment for new employees, or when new substances are introduced. Training must address the identity and risks of each substance, protective measures, symptoms of exposure, and emergency response steps (RSA 277-A:5(IV)).
• Notice of rights: Employers must notify all employees of their rights around hazardous substance disclosure and refusal to work with unreported substances (RSA 277-A:5(VI)-(VII)).
• Fire department SDS filing: Employers must provide the local fire department with a copy of each SDS, its storage location, and relevant emergency information (RSA 277-A:5(VI)).
• SDS retention: SDSs must be preserved for at least 30 years after use ends. If the workplace closes or relocates, all SDSs must be submitted to the NH Department of Labor, where employees retain access for the same period (RSA 277-A:5(VIII)).

How do these requirements differ from the OSHA Hazard Communication Standard?

• Coverage: RSA 277-A is specifically written to include public-sector employers, unlike federal OSHA HazCom, which only covers private employers under 29 C.F.R. § 1910.1200(b).
• Written Program: OSHA HazCom requires a documented written hazard communication program (29 C.F.R. § 1910.1200(e)); RSA 277-A does not.
• Labeling/Signage: RSA 277-A mandates “Warning” signs in plain language posted at use areas; OSHA HazCom requires Globally Harmonized System (GHS)-style chemical container labeling (29 C.F.R. § 1910.1200(f)).
• Fire Department Notice: RSA 277-A uniquely requires public employers to submit SDSs to the local fire department; there is no such requirement under federal HazCom.

In summary, RSA 277-A overlays the public sector with disclosure, signage, fire department notification, and historical recordkeeping requirements that do not appear in the federal OSHA Hazard Communication Standard. The New Hampshire Department of Labor is the enforcing authority, and civil penalties apply for violations (RSA 277-A:12).

Source: RSA 277-A (Toxic Substances in the Workplace) Source: 29 C.F.R. § 1910.1200 (Hazard Communication Standard)