Occupational Safety and Health Administration takes back safety enforcement for private work on federal property and marine construction in Puerto Rico
As of our last check on November 3, 2026, this is in effect, since April 24, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Occupational Safety and Health Administration (OSHA) published a rule announcing a new Operational Status Agreement (OSA) with the Puerto Rico State Plan, which the Puerto Rico Occupational Safety and Health Administration (PR OSHA) runs. The agreement moves enforcement over private-sector work on federal property and over marine construction by private employers from PR OSHA to federal OSHA, effective April 24, 2026. It also updates and clarifies other parts of how the two agencies split coverage.
- Who's affected
- Private employers in Puerto Rico whose employees work on federal government owned or leased property where federal employees are regularly present, at federal government-owned contractor-operated sites, or on construction on federal property. Private employers doing marine construction in Puerto Rico are also affected.
- What to do
- This rule creates no new duties for employers. It changes which agency enforces workplace safety rules at these sites. Affected employers may want to confirm which agency now covers their work and update their inspection-response contacts.
What changed
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From the sourceFederal Register header
[Rules and Regulations]
Also: ACTION
Notification of revisions to the Puerto Rico State Plan's Operational Status Agreement (OSA) and change in level of federal enforcement.
OSHA published this document as a rule in the Federal Register's Rules and Regulations section. It gives notice of a revised OSA with the Puerto Rico State Plan and a change in the level of federal enforcement.
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From the sourceSUMMARY
This document further gives notice of OSHA's approval of a change to the Puerto Rico State Plan reinstating federal OSHA enforcement authority over private-sector employment on federal properties and marine construction conducted by private sector employees.
Also: II. Notification of New Operational Status Agreement
coverage is transferred from the Puerto Rico State Plan to federal OSHA.
OSHA approved a change to the Puerto Rico State Plan that restores federal OSHA enforcement over private-sector work on federal properties and over marine construction by private-sector employees.
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From the sourceII. Notification of New Operational Status Agreement
Under the existing OSA, federal OSHA only had coverage of enforcement related to contractors or sub-contractors on federal establishments when the State Plan could not obtain entry, and federal OSHA did not have coverage over marine construction conducted by private sector employers.
Under the old 1981 agreement, federal OSHA covered contractors on federal sites only when the State Plan could not get entry, and it did not cover marine construction by private employers.
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From the sourceII. Notification of New Operational Status Agreement
On September 25, 2025, OSHA and the Puerto Rico Department of Labor and Human Resources signed a new OSA, replacing the previous one.
Also: II. Notification of New Operational Status Agreement
Effective immediately, federal OSHA and PR OSHA will exercise their respective enforcement authorities according to the terms of the 2025 OSA between them.
OSHA and the Puerto Rico Department of Labor and Human Resources signed the new agreement on September 25, 2025. It replaces the 1981 agreement, and the two agencies now enforce under its terms effective immediately.
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From the sourceII. Notification of New Operational Status Agreement
federal OSHA exercises enforcement authority over private sector employers within the secured borders of all U.S. military installations where access is controlled, and PR OSHA has enforcement authority over state and local government employers on such military installations.
Also: II. Notification of New Operational Status Agreement
Accordingly, that provision was added to the 2025 OSA for thoroughness and clarity.
The new agreement writes down a long-standing split on U.S. military installations with controlled access: federal OSHA covers private employers, and PR OSHA covers state and local government employers.
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From the sourceII. Notification of New Operational Status Agreement
federal OSHA can exercise its authority to inspect and take appropriate enforcement action at an entire project or facility where federal and State Plan authorities both have enforcement authority in the interest of administrative practicability.
Also: II. Notification of New Operational Status Agreement
The provision states that federal enforcement may be exercised immediately upon agreement between federal OSHA and the State Plan.
A new provision lets federal OSHA inspect and enforce at an entire project or facility where both agencies have authority, once the two agencies agree.
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From the sourceII. Notification of New Operational Status Agreement
replaced with a more general provision noting that federal OSHA can inspect and take appropriate enforcement action in extraordinary circumstances or when the State Plan is not able to fully or effectively exercise its enforcement authority
Older provisions on federal enforcement of new standards were replaced with a general provision. It lets federal OSHA act in extraordinary circumstances or when the State Plan cannot fully or effectively enforce.
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From the sourceII. Notification of New Operational Status Agreement
the removal of those sections from the 2025 OSA does not change any of federal OSHA's determinations on the State Plan's operational status, nor the State Plan's ongoing obligations.
Sections of the old agreement that did not deal with coverage were removed. OSHA says this does not change the State Plan's operational status or its ongoing obligations.
Who is affected
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From the sourceII. Notification of New Operational Status Agreement
private sector employers performing work on federal government owned or leased property where federal employees are regularly present, at federal government-owned contractor-operated sites, and construction on federal property; marine construction conducted by private employers;
Private employers working in Puerto Rico on federal government owned or leased property where federal employees are regularly present, at federal government-owned contractor-operated sites, or on construction on federal property are now under federal OSHA enforcement.
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From the sourceSUMMARY
This document further gives notice of OSHA's approval of a change to the Puerto Rico State Plan reinstating federal OSHA enforcement authority over private-sector employment on federal properties and marine construction conducted by private sector employees.
Private employers doing marine construction in Puerto Rico are now under federal OSHA enforcement.
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From the sourceII. Notification of New Operational Status Agreement
PR OSHA's belief that it lacks the occupational safety and health resources to provide coverage for private sector employees performing work in the following circumstances
PR OSHA asked for the change because it said it lacked the resources to cover private-sector employees in these settings.
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Our analysisII. Notification of New Operational Status Agreement
federal enforcement responsibility under the OSH Act will continue to be exercised with regard to:
Also: II. Notification of New Operational Status Agreement
all maritime employment, including shipyard employment, marine terminals, and longshoring;
Other groups listed in the agreement, such as federal employers, contractors in United States Postal Service mail operations, aircraft cabin crew and maritime employment (shipyards, marine terminals and longshoring), appear to see no change in the enforcing agency. The rule says federal enforcement over them will continue.
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Our analysisI. Background
Puerto Rico administers an OSHA-approved State Plan to develop and enforce occupational safety and health standards for public-sector and private-sector employers
Most other public and private employers in Puerto Rico appear to remain under PR OSHA, because the State Plan still covers both sectors outside the listed exceptions.
What it means in practice
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Our analysisII. Notification of New Operational Status Agreement
coverage is transferred from the Puerto Rico State Plan to federal OSHA.
Affected employers should expect inspections, citations and other enforcement at these sites to come from federal OSHA rather than PR OSHA.
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Our analysisII. Notification of New Operational Status Agreement
federal OSHA can exercise its authority to inspect and take appropriate enforcement action at an entire project or facility where federal and State Plan authorities both have enforcement authority in the interest of administrative practicability.
On a mixed project where both agencies have authority, federal OSHA may inspect the whole project or facility once the agencies agree. Every employer on the site could then deal with federal OSHA.
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From the sourceII. Notification of New Operational Status Agreement
the enforcement of complaints filed with federal OSHA under the OSH Act's whistleblower provision, Section 11(c), 29 U.S.C. 660(c).
Federal OSHA continues to enforce complaints filed with it under the whistleblower provision of the Occupational Safety and Health Act.
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From the sourceII. Notification of New Operational Status Agreement
The exceptions to the Puerto Rico State Plan's occupational safety and health coverage are listed on OSHA's website at https://www.osha.gov/stateplans/pr.
OSHA lists the exceptions to the Puerto Rico State Plan's coverage on its website.
What to do
Required
The rule creates no new requirements for employers. It changes which agency, federal OSHA or PR OSHA, enforces workplace safety rules for certain private work in Puerto Rico.
Worth considering
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Our suggestionII. Notification of New Operational Status Agreement
private sector employers performing work on federal government owned or leased property where federal employees are regularly present, at federal government-owned contractor-operated sites, and construction on federal property; marine construction conducted by private employers;
If your employees work in Puerto Rico on federal property, at federal government-owned contractor-operated sites, or on marine construction, consider confirming that federal OSHA is now the enforcing agency for that work.
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Our suggestionII. Notification of New Operational Status Agreement
Effective immediately, federal OSHA and PR OSHA will exercise their respective enforcement authorities according to the terms of the 2025 OSA between them.
Consider updating site safety plans and inspection-response procedures so supervisors know federal OSHA, not PR OSHA, may arrive at these sites.
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Our suggestionII. Notification of New Operational Status Agreement
The exceptions to the Puerto Rico State Plan's occupational safety and health coverage are listed on OSHA's website at https://www.osha.gov/stateplans/pr.
Consider checking OSHA's Puerto Rico State Plan web page for the current list of coverage exceptions.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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What happens to PR OSHA inspections or cases already open at federal sites or marine construction projects?
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How does an employer tell whether federal employees are "regularly present" at a federal site?
History
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Puerto Rico State Plan; Operational Status Agreement; Change in Level of Federal Enforcement: Private Sector Employment on Federal Properties and Marine Construction Conducted by Private Sector Employees Source (opens in a new tab)