The provisions of this Article or any standard or regulation promulgated pursuant to this Article shall apply to all employers and employees except:

(1)        The federal government, including its departments, agencies and instrumentalities;

(2)        Employees whose safety and health are subject to protection under the Atomic Energy Act of 1954, as amended;

(3)        Employees whose safety and health are subject to protection under the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. § 801) and the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. § 725), or Subtitle V of Title 49 of the United States Code;

(4)        Railroad employees whose safety and health are subject to protection under Subtitle V of Title 49 of the United States Code;

(5)        Employees engaged in all maritime operations;

(6)        Employees whose employer is within that class and type of employment which does not permit federal funding, on a matching basis, to the State in return of State enforcement of all occupational safety and health issues. (1973, c. 295, s. 3; 1998-217, s. 27.)