• Appendix A — OSHA Strategic Partnership Agreements, Provisions for Developing Core Elements
  
  
• Appendix B — Performance Measures
  
  
• Appendix C — OSPP Annual Partnership Evaluation Report
  
  
• Appendix D — Records and Information Management
  
  
• Appendix E — Effective Communication Process for National OSHA Strategic Partnerships
  
  
• Appendix F — Paperwork Reduction Act Requirements
  
  
• Appendix G — Guidance on Employee Involvement
  

1. OSHA has changed its definition of an OSHA Strategic Partnership by eliminating Comprehensive and Limited sub-classifications and streamlined the core elements, which are required for all OSPs. This simplification not only brings greater clarity to the program, but also provides a more flexible structure that will enable OSP developers to craft agreements best suited to meet their specific needs.
   
   
2. OSHA has expanded the options to verify OSP performance using offsite and onsite non-enforcement verification methods and onsite enforcement inspections.
   
   
3. New benefits include opportunities for increased good faith penalty reductions; expanded opportunities to delete partners from the Agency's programmed inspection lists, to defer programmed inspections, and to conduct limited scope inspections; and onsite technical assistance to help partners achieve OSP goals. These benefits are tied to partner performance in implementing their responsibilities under the Act.
   
   
4. To be approved, an OSP must be a written agreement.
   
   
5. This revision more clearly defines the responsibilities of various OSHA offices involved in the development, operation, and oversight of both individual OSPs and the overall program.
   
   
6. The office within OSHA that is originating an OSP must designate an OSHA Primary Contact to serve as the point of contact for the OSP.
   
   
7. A new format for the Annual Evaluation Report has been developed to standardize the process and ensure that the OSP data collected is useful and consistent. This data can be analyzed to demonstrate quantitative results of the OSP and evaluate success in meeting goals.
   
   
8. This instruction becomes effective 60 days after publication. OSPs established before the effective date of this instruction have up to three years to comply with the new requirements. OSPs established or renewed after the effective date must be in compliance to be approved or renewed.
   

1. Occupational Safety and Health Act of 1970, 29 USC 651.
   
   
2. Basic Program Elements for Federal Employee Occupational Safety and Health Programs, 29 CFR 1960.
   
   
3. OSHA Safety and Health Program Management Guidelines, FRN 54:3904-3916, January 26, 1989.
   
   
4. Field Inspection Reference Manual (FIRM), OSHA Instruction CPL 02-00-103, September 26, 1994.
   
   
5. Site-Specific Targeting 2004, CPL 04-02 (CPL 02), April 19, 2004.
   
   
6. Paperwork Reduction Act of 1995 (PRA), P.L. 104-13.
   
   
7. OSHA Strategic Management Plan 2003 - 2008.
   

1. Responsible Office. The Directorate of Cooperative and State Programs, through its Office of Partnerships and Recognition, coordinates the development of OSPP policy, manages selected individual OSPs, oversees the overall program, and advises the Assistant Secretary concerning OSPP issues.
   
   
2. Action Offices. All National Office Directorates and Offices, Regional Offices, and Area Offices involved in the design, approval, and implementation of OSPs must adhere to these instructions.
   
   
3. Information Offices. Regional Administrators (RAs) will ensure that the information contained herein is transmitted to all State Plan Designees and OSHA Consultation Projects.
   

1. This instruction describes a Federal Program Change for which State adoption is not required, however notice of intent is required.
2. States adopting a partnership program are encouraged to use the OSPP elements described herein when formulating their partnership program. If a States chooses to develop a partnership program, it should submit a plan change with documentation of the program and identify differences from the Federal program described in this directive.
3. In the interest of developing an information base on both State and Federal partnership efforts, State plans are asked to provide a summary description of each partnership they enter into to their Regional Administrators and to the Directorate of Cooperative and State Programs, Attention: Director, Office of Partnerships and Recognition. OSHA will post these summaries on the partnership website. When an automated data system becomes available, States will be asked to provide more detailed information on partnerships through this system.
   

1. Annual Evaluation. A yearly self-assessment to gauge the effectiveness of each OSP. This assessment is conducted using the standardized OSPP Annual Partnership Evaluation Report, which contains the minimum data necessary to evaluate the effectiveness of an OSP agreement.
   
   
2. OSHA Strategic Partnership (OSP). An OSHA Strategic Partnership is an extended voluntary cooperative relationship between OSHA and groups of employers, employees, employee representatives, and/or other interested stakeholders designed to encourage, assist, and recognize efforts to eliminate serious hazards and achieve a high degree of worker safety and health. This program is available to all private sector industries and government agencies in locales where OSHA has jurisdiction. OSPs may be designed to address all hazards at partner's worksite or one or more discrete hazards of particular concern. An OSP can assist partners in the reduction of injuries and illnesses through the long-term development of effective safety and health management systems that address hazards in accordance with the Act. OSPs are formalized through written agreements that last for a specified period of time. All the elements identified in Section XII.B of this instruction must be addressed in the OSP agreement.
   
   
3. Safety and Health Management System. A method of preventing worker fatalities, injuries and illnesses through the ongoing planning, implementation, integration, and control of four interdependent elements: Management Leadership and Employee Involvement; Worksite Analysis; Hazard Prevention and Control; and Safety and Health Training.
   
   
4. Programmed Inspection. Enforcement inspections of worksites that have been scheduled based upon objective or neutral selection criteria. These worksites are selected according to national or local scheduling plans for safety and health or special emphasis programs.
   

• Successful cooperative programs such as the OSHA Consultation Program and the Voluntary Protection Programs.
  
• Encouraging and promoting the lessons learned and successes of site-based cooperative programs to larger and diverse groups and businesses.
  
• New techniques OSHA was adopting to redesign its Area offices.

• Help participants establish an effective safety and health management system.
  
• Train managers and employees on the hazards common to their industry, recognition of actual hazards at their worksite, and ways to eliminate or control these hazards.
  
• Create ways to share expertise and other resources among participating employers and other partners.
  
• Establish goals and measures to evaluate program impacts on reduction of workplace illness and injury rates.

1. Enforcement Initiatives. OSHA's Local and National Emphasis Programs, programmed inspection plans, and other enforcement activities are not OSPs and will not be reported or counted as such. OSPs are purely voluntary activities that are developed and operated jointly and cooperatively by OSHA and its partners.
   
   
2. OSHA Cooperative Programs. OSHA recognizes that its other cooperative programs (e.g., Voluntary Protection Programs, Consultation and Alliances) are valuable and desirable activities. The OSPP is designed to complement these other programs and to give private sector industries and federal agencies increased opportunities to participate in these innovative programs and to find prudent solutions to our Nation's worker safety and health issues.
   
   
3. Other Cooperative Initiatives/Activities. OSHA may also participate in a number of other voluntary activities and many forms of compliance assistance involving employers, employees, employee representatives, and other stakeholders, including: conducting training at the request of a local labor union or employer group; providing technical assistance at the request of an employer; and partaking in safety and health forums with industry representatives. Although essential for enhancing worker safety and health, such initiatives typically are short-term activities or lack the measurable impacts that characterize OSPs.
   

1. Directorate of Cooperative and State Programs (DCSP). DCSP is responsible for overall program management. Specific duties include:
   
   
   1. Maintaining a record file for each OSP, to include a copy of the signed agreement, any and all evaluations, Paperwork Reduction Act (PRA) submissions, correspondence, and other supporting documentation as needed.
      
      
   2. Collecting, analyzing, and managing data gathered for annual OSP evaluations.
      
      
   3. Maintaining and reporting statistics, analyzing results, tracking progress toward Assistant Secretary, Secretary, and President's Management Agenda goals, and providing periodic reviews of program impact.
      
      
   4. Coordinating with the Directorate of Information Technology to integrate OSP information and data into OSHA's data management systems.
      
      
   5. Extracting lessons learned from OSPP experience and individual evaluations that will enable OSHA to continuously improve the program.
      
      
   6. Providing technical and program support for other National Office Directorates, Regional, and Area Offices to facilitate development of new OSPs, as well as provide guidance on existing OSP management.
      
      
   7. Ensuring regular communication with and between Regional OSP Managers through regular conference calls.
      
      
   8. Communicating successes to both the field and the public, and promoting the OSPP nationally.
      
      
   9. Coordinating outreach efforts with the Office of Communications.
      
      
   10. Developing and delivering training and materials for OSHA personnel and other interested parties on how to develop and manage OSPs.
       
       
   11. Composing, reviewing, and maintaining all OSPP information on OSHA's public web pages.
       
       
   12. Ensuring that PRA requirements are met for each OSP by coordinating with the Directorate of Standards and Guidance to ensure proper information submittal to the Office of Management and Budget.
       
       
   13. Playing a key role in developing strategies for program growth, impact, and recognition of partners.
       
2. National Office Directorates, Regional Offices, and Area Offices. Each Directorate or Office plays a key role in supporting the OSPP, including the following activities:
   
   
   1. Working toward meeting goals set by the Assistant Secretary in the OSHA Strategic Management Plan regarding OSPP growth, development and management.
      
      
   2. Maintaining files for each OSP originating in that Directorate or Office.
      
      
   3. Ensuring timely communication with DCSP and other affected Offices and Directorates regarding OSP exploration, development, tracking, and evaluation (refer to Appendix D for guidance on Records and Information Management).
      
      
   4. Identifying OSHA staff to act as a Primary Contact for individual OSPs to coordinate overall OSPP activity within the Directorate or Office (see responsibilities below in Section XI.C).
      
      
   5. Ensuring adequate review of OSPs prior to signature, including review and coordination by the Office of the Solicitor.
      
      
   6. Reviewing each OSP on an annual basis and preparing an annual evaluation to ensure it operates effectively, shows meaningful measurement of goals, and has a positive impact on worker safety and health (see Appendix A, Section E).
      
      
   7. Allowing adequate resources, based on each OSP commitment, to enable OSHA to conduct OSP related activity, including regular communication with the partners.
      
      
   8. Recognizing and promoting OSP success and activity, such as the issuance of press releases.
      
3. OSHA Primary Contact. OSHA has a substantial stake in ensuring that each OSP operates efficiently and effectively. Therefore, the originating Office or Directorate will designate a Primary Contact for each OSP. The Primary Contact will perform a variety of activities, including:
   
   
   1. Communicating regularly with person(s) responsible for day-to-day management of the OSP to stay abreast of all significant OSP activities and issues.
      
      
   2. Maintaining documents in the OSP working file.
      
      
   3. Communicating regularly with others in OSHA, as appropriate; for example:
      
      
      1. Keeping the Regional OSP Managers apprised of OSP developments.
         
         
      2. Responding to requests for information from DCSP.
         
         
   4. Ensuring that OSHA conducts required verification of partnering worksites and properly reports these tracked activities in the appropriate Agency data management systems.
      
      
   5. Ensuring that OSHA carries out its responsibilities, for example that it offers or provides any technical assistance to its partners in a manner that takes into account the needs of the participants and the need to leverage resources.
      
      
   6. Ensuring that DCSP, and others within OSHA as appropriate, are informed of significant events at OSP sites, e.g., fatalities.
      
      
   7. Ensuring that the OSP's written annual evaluations are complete and provided to DCSP in a timely manner.
      
      
   8. Tracking the progress of the OSP toward the accomplishment of the established goals.
      
      
   9. Facilitating and participating in recognition ceremonies and other activities intended to highlight the OSP's efforts and successes.
      

1. Grace Period for Pre-existing OSPs. OSPs established before the effective date of this instruction (which is 60 days after the instruction's issuance) have up to three years to meet all the necessary requirements. Many existing OSPs have established terms of three years and will end their agreement before changes are required.
   
   OSPs established after the effective date, and any OSPs renewing their agreements before the end of the 3-year grace period, must meet the criteria in this instruction at the time of approval or renewal, respectively. The Regional Administrator or, for National OSPs, the Director of DCSP will decide whether the OSP needs to go through another review and approval process for requested renewals. The decision should be based on the extent of changes necessary to meet the current policy.
   
   
2. Components of the OSP Agreement.
   
   
   1. All proposed OSP agreements must be in written form. When OSHA approves an OSP and the partners sign the agreement, the originating office will immediately provide a copy of the final agreement, including the signature page, to DCSP. The originating office also will provide a courtesy copy to other affected National Office Directorates, as appropriate.
      
      
   2. Although the particular structure and degree of formality of the OSP agreement is left to the discretion of the originating office and its partners, the proposed OSP written agreement must contain the core elements described below. A detailed discussion of mandatory provisions is provided in Appendix A, OSHA Strategic Partnership Agreements, Provisions for Developing Core Elements.
      
      
      1. Identification of Partners. The proposed agreement should identify all partners and the geographic or organizational boundaries of the OSP. During early development discussions, OSP developers should identify all appropriate partners and seek to involve additional willing stakeholders, both National and local, whose input and participation could further the goals of the program. Contacting other OSHA offices may help identify important stakeholders.
         
         
      2. Purpose/Scope. State the purpose of the OSP and the scope of the agreement. Clearly define the aim of the OSP through a careful analysis of the issue.
         
         
      3. Goals/Strategies. Clearly define goals that support the purpose and the desired outcome of the OSP. State strategies that describe how to accomplish the goal and reach the desired outcome (see Appendix B for additional guidance).
         
         
      4. Performance Measures. Effective quantitative and qualitative performance measures linked to OSP goals must be identified in the OSP agreement. Performance measures are important tools that indicate the progress made towards achieving program goals (see Appendix B for additional guidance).
         
         
      5. Annual Evaluation. All OSP agreements must provide details on conducting the annual evaluation including identifying responsible parties to gather data and ensure accurate and timely completion of the report. A newly developed tool for conducting this evaluation is provided in Appendix C. This standardized format is designed to improve efficiency, simplify the data collection process, and enhance OSHA's ability to report results.
         
         
      6. Benefits. Benefits are a valuable component of OSPs that draw interest and provide appropriate positive treatment based on the partner's undertakings. The OSP agreement must describe the selected benefits, if any, that OSHA and the partners agree on. Some benefits are tied to the partner's performance and OSHA verification strategy. Modifications to the standard OSHA enforcement procedures not established as benefits in this instruction must be approved by the appropriate National Office Directorates and be clearly described in the OSP draft agreement (see Section XIV.D).
         
         
      7. OSHA Verification. OSHA will verify that OSP participants are upholding their responsibilities under the agreement. Accordingly, verification procedures must be written into all OSP agreements (see Section XIII).
         
         
      8. OSP Management and Operation. The proposed agreement must provide details about the responsibilities for the management and operation of the OSP. The roles/responsibilities of each partner must be specified, including a statement of the contribution that each partner will provide to the effort.
         
         
      9. Employee and Employer Rights and Responsibilities. Standard language ensuring legal rights must be stated in all OSP agreements: "This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with the Act."
         
         
      10. Term of OSP. The proposed agreement must specify the expected life of the OSP and any conditions under which the program will be terminated (see Appendix A for standard termination statements).
          
          
      11. Signatures. The primary parties must sign and date the OSP agreement to confirm their commitment to the partnership and all requirements and other provisions contained in the agreement.
          
3. OSP Management and Operation. A systematic approach to the management and operation of an OSP will help ensure that partners accomplish the activities critical to OSP success and fulfill their agreed-upon responsibilities. Successful OSPs have the following management and operational components:
   
   
   1. Clearly delineated roles and responsibilities of the partners.
      
      
   2. Regularly scheduled communication with all partners. Conference calls should be held on a quarterly basis at a minimum and a face-to-face meeting of OSP partners should be conducted on an annual basis as resources permit.
      
      
   3. Effective communication and involvement of all affected parties in the development of National OSPs (see Appendix E for guidance on National OSPs).
      
      
   4. Partnering employers should commit to incorporating employee involvement in the management and operation of their safety and health management system (see Appendix G, Guidance on Employee Involvement).
      
      
   5. Performance of the required OSHA verification of the OSP partner. The Agency and OSP partner may agree to conduct an offsite verification, an onsite non-enforcement verification, or an onsite enforcement inspection. Well-defined verification procedures (e.g., frequency, schedule) must be developed for the selected OSHA verification method. OSHA verification must be conducted as defined in the OSP agreement and sufficiently evaluate whether a partner is meeting the necessary obligations under the agreement.
      
      
   6. Collection of the data as identified in the OSP agreement, and use of data in the preparation of an annual evaluation.
      
      
   7. Completion of an annual evaluation and timely submission to DCSP.
      
      
   8. Specific criteria to evaluate each participating partner and well-defined conditions to terminate the OSP agreement.
      
      
   9. Proper maintenance of records and information in the OSP working file. Note: records voluntarily submitted to OSHA by partnership participants can be expected to contain confidential commercial information not customarily made public by the submitter (see Appendix D for more guidance on Records/Information Management).
      
4. OSP Approval Requirements. All OSP proposed agreements must be reviewed and approved at the next higher OSHA organizational level before implementation.
   
   
   1. National Office Level: OSPs developed at the National Office level are reviewed by the appropriate National Office Directorate(s), for example, the Directorate of Enforcement Programs and the Directorate of Construction, and by the Directorate of Cooperative and State Programs. Approval is also required from the Office of the Assistant Secretary, with consultation from the National Office of the Solicitor.
      
      
   2. Regional Office Level: OSPs developed at the Regional Office level are reviewed by the appropriate National Office Directorate(s) and by the Director of DCSP. Approval is also required from the Office of the Deputy Assistant Secretary, with consultation from the National Office of the Solicitor.
      
      
   3. Area Office Level: OSPs developed in the Area Offices are reviewed and approved by Regional Administrators, with consultation from the Office of the Regional Solicitor.
      
      
   4. Solicitor Review: To ensure that the appropriate Solicitor has opportunity to review the proposed agreement and provide consultation, the Solicitor is given at least 10 business days advance notice prior to any approval decision.
      
      
   5. OSP Signing Notice: Any office within OSHA originating an OSP must provide advance notice (preferably four weeks) of anticipated OSP signing to DCSP.
      
      
   6. Consulting Affected Parties: OSP developers should consult with appropriate OSHA Offices and Directorates before submitting an OSP proposed agreement for approval.
      
5. OSPP Outreach and Promotion.
   
   
   1. All OSHA personnel involved in the OSPP are expected to encourage interest and involvement in OSPs by communicating the program's goals, methods, and successes.
      
      
   2. With the consent of the partners, the Agency will issue a press release at the start-up of each OSP, and may issue subsequent press releases to inform the public of noteworthy events and achievements.
      
      
   3. The Regional Office of Public Affairs is responsible for issuing press releases about OSPs originating at the Regional and Area Office levels.
      
      
   4. The Office of Communications, in coordination with the appropriate National Office Directorates, will issue press releases and other types of announcements to highlight OSPs originating in the National Office.
      
      
   5. The Office of Communications and DCSP will work together to coordinate OSPP conferences and the promotion of the OSPP at other events in which OSHA participates.
      
      
   6. OSHA will encourage stakeholders to use other means of communication, such as trade journals, to highlight the value and results of the OSP experience.
      
6. Paperwork Reduction Act (PRA) Requirements. The Office of Management and Budget requires that OSHA submit a PRA form before an OSP agreement is signed. OSHA must inform partners that the Agency will collect information from participants on how much time they spend completing paperwork for the OSP (see Appendix F).
   

1. Offsite Verification. Reviews by OSHA of OSP data, reports, records, without actual entry to the partner's worksite. Documentation is reviewed to determine whether partners are implementing the provisions of the OSP agreement. The documentation selected for review should relate to the goals, objectives and stated measures of the OSP agreement. Examples include illness and injury data, training course agendas and rosters, results of surveys, or results of self-audits.
   
   
2. Onsite Non-enforcement Verification. OSHA conducts reviews of the partner's worksite in a non-enforcement capacity to assess the implementation of the OSP agreement. The interaction provides opportunities for a partner to highlight OSP efforts, and discuss challenges and plans for improvements, and allows OSHA to review efforts. OSHA worksite observations should be sufficient to confirm the partner's worksite is operating a safety and health management system that adequately ensures the protection of employees. During such visits, if OSHA personnel identify serious hazards that site management refuses to correct, OSHA should make a referral for an enforcement inspection.
   
   
3. Onsite Enforcement Inspection. OSHA conducts an inspection of the partner's worksite in an enforcement capacity and may issue citations and penalties. Enforcement inspections are performed in accordance with the applicable sections of the FIRM and other enforcement guidance documents. In addition to traditional enforcement issues, the inspection should assess the partner's progress in meeting the requirements of the OSP agreement.
   
   With input from the partners, OSHA should select the most suitable verification method and define the verification process, including the number and frequency of verifications required to adequately evaluate the effective operation of the OSP agreement. Some OSP partners may use their own representatives, private consultants, or OSHA Consultation Program specialists to conduct worksite assessments. However, these assessments do not take the place of an OSHA verification of the worksite.
   

1. OSHA Non-Enforcement Benefits.
   
   
   1. Outreach, technical assistance and training. Examples of these include:
      
      
      1. Free onsite services may be provided by OSHA-funded State Consultation Projects to qualifying partners. When the appropriate Consultation Project agrees, an OSP participant may be offered priority consideration for these services.
      2. OSHA personnel may be available to OSP participants for a variety of onsite and offsite activities such as review of the safety and health management system and assistance to develop or improve the system, and guidance in conducting audits and evaluations.
      3. Seminars, workshops, and other speaking events.
      4. Availability of informational materials such as safety and health brochures, pamphlets, and electronic tools.
         
         
      OSHA National and Regional offices are also potential sources for technical assistance; for example, the OSHA Health Response Team and other technical experts within the Directorate of Science, Technology and Medicine and the Directorate of Construction.
      
      
   2. Recognition such as certificates and press releases issued by OSHA, recognition on OSHA's web page, worksite banners, letters, and plaques. Other types of recognition may be offered by the OSP developers and detailed in the draft OSP agreement.
      
      To gain the benefits listed above the partnership agreement must include, at a minimum, a process for offsite verification.
      
2. OSHA Enforcement Benefits.
   
   
   1. Citation Issuance. When calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the reductions provided in the FIRM where the employer, in implementing the OSP, has taken specific significant steps beyond those provided in the FIRM to implement the Act and achieve a high level of employee protection (see FIRM, Chapter IV.C.2.i.5 [b]). This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where a partner's total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply (see FIRM, Chapter IV.C.2.b).
      
      
   2. In the event that a citation with penalty is issued to an OSP partner, the Regional Administrator (RA) has the authority to negotiate the amount of penalty reduction as part of the informal conference settlement agreement.
      
      
   3. Deferral from Programmed Inspection List for Non-Construction OSPs.
      
      OSHA may offer up to a six-month deferral from programmed inspections to OSP participants upon their entry into a partnership. During the deferral period, the partner must commit to make workplace safety and health improvements or seek compliance assistance to improve workplace safety and health in accordance with its responsibilities under the Act.
      
      For a majority of OSP agreements, the beginning of the deferral period will be the effective date of the partnership agreement. However, in situations where sites join the partnership on a staggered basis, the deferral period begins at the site's actual entry into the partnership. The partnership agreement should clearly address the issue of OSP participant effective/entry dates.
      
      
   4. Programmed Inspection with a Limited Scope.
      
      At OSHA's discretion, an establishment operated by a partner may receive an inspection in which the focus is limited to hazardous areas, operations, conditions or practices at the establishment. The limited scope inspection must focus on the significant worksite and industry-specific hazards based on an analysis of information available, such as:
      
      
      • BLS injury and illness data
        
      • Site and corporate injury and illness data
        
      • Site accident audit and inspection data
        
      • OSHA Target Industry Profiles
        
        
      For inspections with limited scope, the workplace hazards to be addressed will be determined by OSHA with input from the partner(s). OSHA may expand the scope of the inspection based on information gathered during the inspection process (see FIRM, Chapter II. A.1.b).
      
      To gain a limited scope inspection as a benefit, the establishment must have undergone an onsite non-enforcement verification inspection within one year of the date of the programmed inspection.
      
      
   5. Deletion from Programmed Inspection List.
      
      
      1. Non-Construction
         
         
         1. Following a comprehensive onsite enforcement inspection conducted to meet OSP verification requirements, an establishment operated by an OSP partner will be deleted from programmed inspection lists for the period of time established for deletions in the then-current OSHA Site-Specific Targeting directive.
            
            
         2. If the OSP is designed to comprehensively address a hazard covered by the Act, the Area Director (AD), with the approval of the RA, may extend the deletion for one year if the partner continues to meet the conditions of the OSP agreement and demonstrates improved performance in areas measured by the OSP.
            
      2. Construction
         
         
         1. For OSP Partners With Control of the Worksite. An OSP agreement may provide that following an appropriate number of comprehensive onsite enforcement inspections conducted to meet OSP verification requirements at sites controlled by the partner, other worksites controlled by the partner may be deleted from the programmed inspection list within the OSP's specified geographical boundary for up to one year. The OSP deletion may not extend beyond the regional boundary. However, if a serious or imminent danger condition is observed by enforcement personnel, the partner should be inspected and cited (per Agency policy).
            
            The minimum number of Agency scheduled onsite enforcement inspections needed for verification shall be based on the number of active worksites over which the partner has control within the specified jurisdictional boundary:
            
            

            2 - 25 sites	4 inspections
            26 - 99 sites	6 inspections
            100 or more sites	8 inspections

            
            A partnership agreement may provide for a different number of inspections, if the particular circumstances indicate it would be appropriate and the agreement is approved by the Directorate of Construction and the Directorate of Cooperative and State Programs.
            
            This provision is available only where the partner has an effective safety and health management system fully compliant with 29 CFR 1926.20 and 29 CFR 1926.21, the effectiveness of the system is confirmed in the onsite enforcement inspections, and the partner demonstrates adequate control over safety and health for the entire worksite, including work performed by all subcontractors. In these circumstances deletions should be consistent with employee protection and conserving limited OSHA resources.
            
            
         2. For OSP Partners Without Control of the Worksite. A partnership agreement may provide that following an appropriate number of comprehensive onsite enforcement inspections conducted to meet OSP verification requirements at a partner's worksites, other worksites of the partner may not be inspected as part of any programmed activity at a multi-employer worksite within the OSP's specified geographical boundary for up to one year. The OSP deletion may not extend beyond the regional boundary. However, if a serious or imminent danger condition is observed by enforcement personnel, the partner should be inspected and cited (per Agency policy).
            
            The minimum number of Agency scheduled onsite enforcement inspections needed for verification shall be based on the number of active worksites at which the partner currently performs work within the specified jurisdictional boundary:
            
            

            2 - 25 sites	4 inspections
            26 - 99 sites	6 inspections
            100 or more sites	8 inspections

            
            A partnership agreement may provide for a different number of inspections, if the particular circumstances indicate it would be appropriate and the agreement is approved by the Directorate of Construction and the Directorate of Cooperative and State Programs.
            
            This provision is available only where the partner has an effective safety and health management system fully compliant with 29 CFR 1926.20 and 29 CFR 1926.21, and the effectiveness of the system is confirmed in the onsite enforcement inspections described above. For recordkeeping purposes, the official date of the comprehensive onsite enforcement inspection is the opening conference. Therefore, the beginning of the deletion period is the date of the opening conference of the inspection.
            
            
3. Non-OSHA Benefits. OSP developers should consider benefits other than those that partners and stakeholders can bring to the OSP effort. Some examples are listed below:
   
   
   • An employer group or labor organization may offer employees safety and health training.
     
   • An insurance company may offer reductions in workers' compensation premiums to employers meeting specific safety and health management system criteria.
4. Other Benefits. Any benefit not discussed in this section must be described in detail in the proposed written OSP agreement and be reviewed and approved by the Directorate of Enforcement Programs and/or the Directorate of Construction, DCSP and the Solicitor, followed by the approval of the Assistant Secretary.
   
   
   
   

Occupational Safety and Health Administration
Attention: Director, Office of Partnerships and Recognition
Directorate of Cooperative and State Programs, Room N3700
200 Constitution Avenue, NW
Washington, DC 20210

• OMB requests additional information regarding the OSP prior to approval, or
• The OSP experiences a substantial change in participants or participants' burden hours, in which case an updated OSPP-PRA Information Form must be submitted.