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17.504 CONSULTATION AGREEMENTS

FEDERAL AGENCY
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

AUTHORIZATION
Occupational Safety and Health Act, Section 21(d) Public Law 105-197, 29 U.S.C. 651.

OBJECTIVES
To fund consultative workplace safety and health services, targeting smaller employers with more hazardous operations.

TYPES OF ASSISTANCE
Project Grants (Cooperative Agreements).

USES AND USE RESTRICTIONS
Cooperative Agreements to States to provide occupational safety and health consultative services to employers.

Applicant Eligibility
Designated State agencies which have been authorized by the Governor to enter into a Cooperative Agreement with full power to perform the obligations funded therein and to expend Federal funds as well as State funds as required.

Beneficiary Eligibility
Any private employer operating within a State, with priority given to smaller employers with the more hazardous operations.

Credentials/Documentation
State agency responsible for providing consultative services to employers must meet the minimum requirements of the consultation program set forth in 29 CFR 1908.

Preapplication Coordination
No preapplication is required. This program is excluded from coverage under E.O. 12372.

Application Procedure
Application instructions are distributed to the States by the Occupational Safety and Health Administration (OSHA) to the designated State agencies through OSHA's Regional Offices. Completed applications are returned to OSHA's National Office. OMB Circulars No. A-102 and A-110 govern application requirements.

Award Procedure
Final approval of funding requests is given annually by the Assistant Secretary of Labor for Occupational Safety and Health.

Deadlines
Annual schedules are established by OSHA's National Grants Office. Contact National Grant Office for deadline schedules.

Range of Approval/Disapproval Time
Two months.

Appeals
None.

Renewals
Funding to States for administering their consultation program can be renewed indefinitely, provided that State consultation projects continue to meet the requirements of the program. Applications for renewals are submitted to the Occupational Safety and Health Administration's National Grants Office.

Formula and Matching Requirements
Matching is required. The Federal share may not exceed 90 percent of the total cost to the recipient.

Length and Time Phasing of Assistance
Consultation Cooperative Agreements are aspects of a continuing program. Grantees receive funds through the Department of Health and Human Services' Payment Management System.

Reports
A program review and fiscal reports are required quarterly.

Audits
In accordance with the provisions of OMB Circular No. A- 133 (Revised, June 27, 2003), Audits of States, Local Governments, and Nonprofit Organizations, non-Federal entities that expend $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records
Records must be retained for three years following grant closeout or final audit, whichever is later.

Account Identification
16-0400-0-1-554.

Obligations
FY 07 est $53,357,000; FY 08 est $52,425,000; and FY 09 est $54,531,000.

Range and Average of Financial Assistance
Fiscal year 2007 grants ranged from $199,000 to $5,161,000. These awards represent approximately 90 percent of total program costs.

PROGRAM ACCOMPLISHMENTS
In fiscal year 2007, State consultations visits totaled 31,911; fiscal year 2008 estimate is 29,700 State consultation visits; and fiscal year 2009 estimate is 29,050 State consultation visits.

REGULATIONS, GUIDELINES, AND LITERATURE
29 CFR Parts 95, 97, and 1908; and OMB Circular Nos. A-21, A-87, A-102 and A-110.

Regional or Local Office
See Appendix IV of the Catalog for regional offices of the Occupational Safety and Health Administration.

Headquarters Office
Assistant Secretary, Occupational Safety and Health Administration, Department of Labor, Washington, DC 20210. Contact: Pavlo Oborski. Telephone: (202) 693-1919.

Web Site Address
http://www.osha.gov

RELATED PROGRAMS
17.502, Occupational Safety and Health_Susan Harwood Training Grants; 17.503, Occupational Safety and Health_State Program; 17.505, OSHA Data Initiative; 17.600, Mine Health and Safety Grants; 17.601, Mine Health and Safety Counseling and Technical Assistance; 17.602, Mine Health and Safety Education and Training; 93.262, Occupational Safety and Health Program; 93.263, Occupational Safety and Health_Training Grants.

EXAMPLES OF FUNDED PROJECTS
Fifty State agencies and public Universities operate consultation programs by providing workplace safety and health assistance to employers.

CRITERIA FOR SELECTING PROPOSALS
Agreements may be awarded only to a State agency, designated by the Governor of a State, which has submitted an application for funding.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)