Who is an employer under OSHA?

“The term "employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State.”

• 29 CFR 1910.2, Definitions 2 paragraphs use the term. Not the same definition: 29 CFR 1910.2(c) repeats the definition without the Postal Service exception.
• 29 CFR 1926.32, Definitions 2 paragraphs use the term. Not the same definition: 29 CFR 1926.32(k) defines employer for the construction rules as a contractor or subcontractor within the meaning of the Act and of Part 1926. In 1926.32, "the Act" is the Construction Safety Act, not the OSH Act.
• 29 CFR 1904.46, Definitions 6 paragraphs use the term.
• 29 U.S.C. 666, Civil and criminal penalties 9 paragraphs use the term.

• General Duty Clause Section 5(a)(1) of the OSH Act, requiring employment free from recognized hazards that are likely to cause death or serious physical harm.
• OSHA citation The written notice OSHA issues when it believes an employer has violated the OSH Act, a standard or a regulation.
• Establishment A single physical location where business is conducted or where services or industrial operations are performed.

All terms in the OSHA glossary

1. 29 U.S.C. 652, Definitions. U.S. Code, 2024 edition, current through January 6, 2025, from govinfo.gov.

Written by Cairn, updated October 29, 2026. The quoted text is copied from the sources above. A test compares each quotation with a stored copy of the source, and a separate script compares that copy with the live sources. This page explains the law and is not legal advice.