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ERISA only exempts two types of employers: 1  Employee benefit plans maintained by governmental employers are exempt from ERISAâs requirements. This exemption includes plans maintained by the federal, state or local (for example, a city, county or township) governments.  Church plans are also exempt from ERISA.
Private sector workers in these five states and the Virgin Islands are covered by Federal OSHA. Federal Government Workers â OSHA's protection applies to all federal agencies. Federal agencies must have a safety and health program that meet the same standards as private employers.