AHCA/NCAL Seeks Comments on Proposed Changes to OSHA’s On-Site Consultation Program

The Occupational Safety and Health Administration (OSHA) recently released a proposed rule to revise its regulations for the On-site Consultation Program, which provides well-trained professional safety and health personnel, at no cost and upon request of an employer, to conduct worksite visits to identify occupational hazards and provide advice on compliance with OSHA regulations and standards. Priority in providing on-site consultation visits is accorded to smaller employers in more hazardous industries.

Following the successful completion of an on-site consultation visit, employers may seek to participate in OSHA Consultation's SHARP (Safety and Health Achievement Recognition Program). The program recognizes employers who have demonstrated exemplary achievements in workplace safety and health by receiving a comprehensive safety and health consultation visit, correcting all workplace safety and health hazards, adopting and implementing effective safety and health management systems, and agreeing to request further consultative visits if major changes in
working conditions or processes occur that may introduce new hazards.

In this proposed rule, OSHA proposes revisions to these rules and procedures, including:

1)Proposal: Clarifying the ability of the Assistant Secretary to define sites which would receive inspections regardless of SHARP exemption status. Specifically, OSHA is proposing the addition of a fourth category, ``other critical inspections as determined by the Assistant Secretary,” to the list of permissible inspections for worksites which have otherwise been deleted or deferred from programmed inspection lists as a result of SHARP or Pre-SHARP participation.

Background/Rationale: Although worksites granted SHARP status and those working towards achieving SHARP status (Pre-SHARP) are currently either deleted or deferred from the programmed inspection lists, they are still eligible for non-programmed inspections in the following categories:
A. Imminent danger;
B. Fatality/Catastrophe; and
C. Formal Complaints

Per the proposed rule, at times, special circumstances may make it necessary to conduct an inspection or investigation at an establishment ordinarily exempt because of the employer's participation in the OSHA On-site Consultation Program. For this reason, OSHA is proposing addition of the fourth category, as stated above.

2)Proposal: Using the term “complaints” instead of “formal complaints” when describing the categories in which an employer with an in-progress consultation visit or SHARP visit may be subject to termination of the visit and the beginning of a subsequent enforcement inspection. During these situations, OSHA would not have to distinguish between formal complaints and complaints as rationale for interrupting the consultation/SHARP visit, regardless of the fact that these facilities are currently deferred or deleted from OSHA’s programmed inspection lists as a result of consultation activity.

3)Proposal: Allowing referrals to serve as a basis to initiate enforcement activity at worksites currently subject to deferrals or deletions from programmed inspections as a result of either an in progress consultation visit, or a worksite in pre-SHARP or SHARP status.

4)Proposal: Limiting the deletion period from OSHA’s programmed inspection schedule for those employers participating in the SHARP program.

Background/Rationale: Currently, employers have their names removed from the inspection schedule for a period of “not less than one year.” The rule proposes a limit change to “a period of one year” for these deletions. In addition, after the expiration of the one year inspection exemption, the name of the establishment may be deleted from the programmed inspection schedule for no more than one additional year.

5)Proposal: Clarifying terminology to use “deferral” and “deletion” when describing exemptions from programmed inspections. This is the same terminology used in the Site Specific Targeting (SST) and other OSHA enforcement guidance.

The proposed rule can be viewed in its entirety at http://edocket.access.gpo.gov/2010/pdf/2010-22058.pdf. Comments are due to OSHA on November 2, 2010, and the proposed rule provides directions on how to submit comments. To have your comments included in AHCA/NCAL’s comment document, please send them to Melissa Temkin at mtemkin@ahca.org by Friday, October 15.