|
<<< Back to
OSHA Strategic Partnership Program |
 Printing Instructions |
Clarification of Verification and Exemption Policies for
OSHA Strategic Partnership Program
Construction Participants
(June 1, 2006) |
Purpose
The purpose of this communication is to provide clarification with regard to policies for onsite
verification and programmed inspection exemption for construction industry participants in the OSHA
Strategic Partnership Program (OSPP). This clarification is consistent with policies included in the
OSPP Directive, CSP 03-02-002, and provides flexibility for developing partnership agreements that
offer exemption benefits. Specifically, this clarification deals with the scope of onsite
enforcement verification needed to offer a programmed inspection exemption to an OSPP participant in
the construction industry under an Area, Region or National partnership.
Background
OSHA allows several avenues for employers to work cooperatively to improve workplace safety and
health performance. One such venue is the OSPP. Developed in 1998, OSPP is open to participants with
a broad level of safety and health achievement. While the participation requirements are less
stringent than those for the Voluntary Protection Programs (VPP), OSPP offers greater flexibility in
the scope and focus of activities. Participant commitment to partnership goals is verified by one of
three methods (offsite verification, onsite non-enforcement verification and onsite enforcement
inspection). Benefits correlate to the level of commitment. Exemption from programmed inspections is
only offered to partners who agree to the onsite enforcement inspection method of verification.
In February of 2005, OSHA issued a revised OSPP Directive. Among the changes was a system that
permits a construction participant to receive an exemption from programmed inspections after OSHA
verifies the employer's safety and health performance though enforcement verification inspections.
Under the system, the number of onsite enforcement inspections needed to verify a participant's
performance and grant an OSHA programmed inspection exemption is based on the participant's total
number of active construction sites within a specified geographic boundary. This verification
process is informally known as the "tiered approach" and is as follows:
| 2 - 25 sites |
4 inspections |
| 26 - 99 sites |
6 inspections |
| 100 or more sites |
8 inspections |
The logic behind the tiered approach is simple. OSHA recognizes that performing
onsite enforcement inspections at all active participant sites would be impractical (some sites are
only active for a short period of time) and a resource burden for both OSHA and our partners. Also,
conducting onsite enforcement inspections of many or all of the sites would result in more enforcement
for OSP participants than for non-participants.
After launching the revised OSP Directive, feedback from both our stakeholders and Regional
Administrators indicated that in many situations the tiered approach policy cannot practically be
implemented and that more flexibility is needed. Section XIV.D of the Directive states: “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 section gives OSHA
flexibility to deviate from the “tiered approach” when appropriate. Three Regions formally requested
and received approval to use alternative verification methods and another Region informally inquired
about doing so.
As a result of stakeholder and Region feedback, the Directorates of Cooperative and State Programs
and Construction, in coordination with the Office of the Solicitor, worked to further clarify the
verification/exemption policy to meet the following objectives:
- Policy can be practically implemented in the field;
- Policy does not result in OSHA's partners receiving more enforcement inspections than non-partners
(based on Dodge Reports sent monthly to Area Offices);
- Policy reduces the Agency resource burden; and
- Policy ensures that the quality and integrity of the OSPP is not compromised.
Verification/Exemption Policy Clarification
Effective immediately, the following verification/exemption policy may be incorporated into
National, Regional and Area Office partnerships:
Upon entry into an OSHA Strategic Partnership (OSP), a construction participant advises the
appropriate OSHA Area/Regional/National office of the number and location of active sites covered by
the partnership (NOTE: This list is updated annually). Based on this list and the criteria detailed
in Attachment A, OSHA determines the number of onsite enforcement inspections a partner must undergo
to gain a programmed inspection exemption for all of its worksite within a specified geographic
area. OSHA may use the “tiered approach”, an approved alternative, or follow the guidelines below to
make this determination.
- Area Office Partnerships – OSHA will conduct a minimum of one onsite enforcement inspection each
year to offer an OSP partner a programmed inspection exemption for all partner worksites located
within the jurisdiction of the Area Office. The exemption will be valid for one year from the date
of the last enforcement inspection closing conference. The Area Director has the discretion to
select the number of onsite enforcement inspections to be performed in any given year, based on the
criteria included in Attachment A. However, the number of onsite enforcement verification
inspections should not be more than the number of programmed inspections, including programmed
focused inspections, the Area Director would otherwise expect that participant to receive within the
geographic scope of the partnership in a given year.
- Regional Partnerships – OSHA will conduct a minimum of one onsite enforcement inspection each year
to offer an OSP participant a programmed inspection exemption for all partner worksites within the
Region. The exemption will be valid for one year from the date of the last enforcement inspection
closing conference. The Regional Administrator, in coordination with the affected Area Directors,
has the discretion to select the number of onsite enforcement inspections to be performed in any
given year, based on the criteria included in Attachment A. However, the number of onsite
enforcement verification inspections should not be more than the number of programmed inspections,
including programmed focused inspections, the Regional Administrator would otherwise expect that
participant to receive within his/her Region in a given year.
- National Partnerships – OSHA will conduct a minimum of one onsite enforcement inspection each year
per Region to offer an OSP partner a programmed inspection exemption. In each Region to perform the
onsite enforcement verification inspection(s), the exemption is valid for one year from the date of
the last enforcement inspection closing conference and applies only to sites in that Region.
Affected Regional Administrators, in coordination with the Directors, Directorate of Cooperative and
State Programs (DCSP) and the Directorate of Construction (DOC), has the discretion to select the
number of onsite enforcement inspections to be performed within their Regions in any given year,
based on the criteria included in Attachment A. However, the number of onsite enforcement
verification inspections should not be more than the number of programmed inspections, including
programmed focused inspections, the Regional Administrator would otherwise expect that participant
to receive within his/her Region in a given year.
Onsite Enforcement Inspection Protocol
During an onsite enforcement inspection, OSHA may issue citations and penalties. Onsite enforcement
inspections are performed in accordance with the applicable sections of the FIRM and other
enforcement guidance documents. In addition to assessing compliance with OSHA standards, the
inspector should assess the participant's progress in meeting the requirements of the OSP agreement
and implementing an effective safety and health management system. An effective safety and health
management system will satisfy the requirements of 29 CFR 1926.20 and 29 CFR 1926.21. Participants
may refer to the 1989 OSHA Safety and Health Program Management Guidelines, FRN 54:3904-3916 for
guidance.
Next Steps
The Directorate of Cooperative and State Programs, in coordination with the Directorate of
Construction and the Office of the Solicitor, will revise the OSPP Directive to incorporate the
aforementioned policy clarifications to provide for an alternative to the tiered inspection
approach. The proposed new policy will be published for public comment in a Federal Register Notice.
Public comments may address the aforementioned clarification policy and/or additional recommended
verification strategies.
ATTACHMENT A
CRITERIA TO DETERMINE ONSITE VERIFICATION STRATEGY |
In determining the number of sites at which to perform onsite enforcement inspections,
OSHA will consider such factors as:
- the number of inspections needed to cover all the types of work performed by the employer,
- the quality of the safety and health management system evidenced during the initial verification,
- the number and nature of citations and penalties issued to the employer in the three years prior
to the partnership application
- the phases of construction and the nature of the hazards associated with such work
- the geographic scope of the partnership
- other factors which OSHA determines may affect its ability to fully and accurately assess the
effectiveness of the participant's safety and health management system.
|
|
Back to Top
