OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

SUBJECT: Changes to the Field Operations Manual (FOM)

A. Purpose. This instruction transmits page changes to OSHA Instruction CPL 2.45B, June 15, 1989, Field Operations Manual (FOM).

B. Scope. This instruction applies OSHA-wide

C. References.

1. OSHA Instruction CPL 2.25I, January 4, 1995, Scheduling System for Programmed Inspections.

2. OSHA Instruction CPL 2.35 CH-25, August 29, 1994, Regulatory and General Industry SAVE's Manual.

3. OSHA Instruction CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM).

D. Background. This instruction will update the FOM, by removing sections that are being superseded by the Field Inspection Reference Manual (FIRM).

E. Action. Replace existing pages with the attached CH-5 pages as listed below:

Existing Pages Replacement Pages

Table of Contents 1 through 16 Table of Contents 1 through 5 I-1 through 13 I-1 II-1 through 34 II-1 III-1 through 88 III-1 III-A-1 through A-27 III-A-1 IV-1 through 41 IV-1 V-1 through 35 V-1 VI-1 through 20 VI-19 through 20 VI-29 through 30 VI-29 through 30 VII-1 through 8 VII-1

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

VIII-1 through 9 VIII-1 IX-1 through 17 IX-1 XII-1 through 6 XII-1 XV-1 through 7 XV-1 Index-1 through Index-21 Index-1 through Index-6

F. Federal Agencies. This instruction describes a change that affects Federal agencies. Executive Order 12196, Section 1-201, and 29 CFR 1960.16, maintains that Federal agencies must also follow the enforcement policy and procedures contained in this instruction.

G. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is promptly forwarded to each State designee using a format consistent with the Plan Change Two-way Memorandum in Appendix P, OSHA Instruction STP 2.22A, State Plan Policies and Procedures Manual (SPM). Explain the content of this change to the State designee as requested.

2. Advise the State designees that they are required to respond to Change 5 of the FOM in coordination with their response to the Field Inspection Reference Manual (FIRM). States should refer to the cover memorandum which accompanied OSHA Instruction CPL 2.103 (The FIRM).

3. Ensure that the State designees are asked to acknowledge receipt of this Federal program change in writing to the Regional Administrator as soon as possible, but not later than 70 calendar days after the date of issuance (10 days for mailing and 60 days for response). The acknowledgment must include a statement indicating the State's intention with regard to adopting Change 5 of the FOM.

4. Ensure that State designees submit the appropriate State plan supplement(s) within 6 months and that it(they) is(are) reviewed and processed in accordance with paragraphs I.1.a.(3)(a) and (b), Part 1 of the SPM as it relates to the State's intended action with regard to adoption of the FIRM. Each State's plan supplement(s) must result in a body of compliance policies/procedures that is(are) at least as effective as the Federal policies/procedures contained in the reconfigured and revised FIRM/FOM. States shall provide cross-reference information identifying where State procedures are located that parallel each chapter of the Federal FIRM/FOM.

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

H. Significant Changes.

1. Removes sections A. through F., inclusive, from Chapter I (Pages I-1 through I-16).

2. Removes sections A. through G., inclusive, from Chapter II (Pages II-1 through II-34).

3. Removes sections A. through I., inclusive, from Chapter III (Pages III-1 through III-88).

4. Removes all of Appendix A of Chapter III (Pages III-A-1 through III-A-27).

5. Removes sections A. through C., inclusive, from Chapter IV (Pages IV-1 through IV-41).

6. Removes sections A. through H., inclusive, from Chapter V (Pages V-1 through V-16.2).

7. Removes all of the Appendix (SAVEs and AVDs) from Chapter V (Pages V-17 through V-35).

8. Removes sections A. through C., inclusive, from Chapter VI (Pages VI-1 through VI-20).

9. Amends section E.12 regarding debts of $100,000 or more (Pages VI-29 through VI-30).

10. Removes sections A. through F., inclusive, from Chapter VII (Pages VII-1 through I-8).

11. Removes sections A. through D., inclusive, from Chapter VIII (Pages VIII-1 through I-9).

12. Removes sections A. and B. from Chapter IX (Pages IX-1 through IX-17).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

13. Removes sections A. through G., inclusive, from Chapter XII (Pages XII-1 through XII-6).

14. Removes sections A. through E., inclusive, from Chapter XV (Pages XV-1 through XV-7).

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional, and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

CHAPTER PAGE

I. GENERAL RESPONSIBILITIES AND ADMINISTRATIVE PROCEDURES

Removed. Refer to OSHA Instruction CPL 2.103 (the FIRM.)

II. COMPLIANCE PROGRAMMING

Sections A., B., C., D., E., F.1, and G. removed. Refer to OSHA Instruction CPL 2.103.

Section F.2, removed. Refer to OSHA Instruction CPL 2.25I.

III. GENERAL INSPECTION PROCEDURES

Removed. Refer to OSHA Instruction CPL 2.103.

APPENDIX A

Removed. Refer to OSHA Instruction CPL 2.103.

IV. VIOLATIONS

Removed. Refer to OSHA Instruction CPL 2.103.

V. CITATIONS

Removed. Refer to OSHA Instruction CPL 2.103.

APPENDIX (SAVEs and AVDs)

Removed. Refer to OSHA Instruction CPL 2.35, CH-25.

VI. PENALTIES

A., B., and C. removed. Refer to OSHA Instruction CPL 2.103.

D. Handling Monies Received from Employers . . . VI-20 1. Responsibility of Area Director. . . . . VI-20

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

CHAPTER PAGE

VI. D. 2. Receiving Payments . . . . . . . . . . . VI-20

a. Methods of Payment. . . . . . . . . VI-20 b. Identifying Payment . . . . . . . . VI-20 c. Adjustments to Payments . . . . . . VI-21 d. Incorrect, Unhonored or Foreign Payments. . . . . . . . . . VI-21 e. Endorsing Payments. . . . . . . . . VI-22 f. Depositing Payments . . . . . . . . VI-22 g. Records . . . . . . . . . . . . . . VI-22 3. Returning Penalty Payments . . . . . . . VI-23

E. Debt Collection Procedures. . . . . . . . . . VI-23 1. Policy . . . . . . . . . . . . . . . . . VI-23 2. Time Allowed for Payment of Penalties. . VI-23 3. Guidance for Determining Final Dates of Settlements and Review Commission Orders . . . . . . . . . . . . . . . . . VI-24 4. Notification Procedures (First Demand Letter) . . . . . . . . . . . . . VI-25 5. Notification of Overdue Debt (Second Demand Letter) . . . . . . . . . . . . . VI-25 6. Assessment of Additional Charges . . . . VI-26 7. Assessment Procedures. . . . . . . . . . VI-26 8. Application of Payments. . . . . . . . . VI-28 9. Uncollectible Penalties. . . . . . . . . VI-28 10. National Office Debt Collection Procedures . . . . . . . . . . . . . . . VI-28 11. Referral of an Uncollected Debt to the Solicitor. . . . . . . . . . . . . . VI-29 12. Debts Over $100,000. . . . . . . . . . . VI-30

VII. IMMINENT DANGER

Removed. Refer to OSHA Instruction CPL 2.103.

VIII. FATALITY/CATASTROPHE INVESTIGATIONS

Removed. Refer to OSHA Instruction CPL 2.103.

IX. COMPLAINTS AND REFERRALS

Removed. Refer to OSHA Instruction CPL 2.103.

X. DISCRIMINATION COMPLAINTS

Removed. Refer to OSHA instruction DIS .4B

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

CHAPTER PAGE

XI. TEMPORARY LABOR CAMP INSPECTIONS

A. General . . . . . . . . . . . . . . . . . . . XI-1 1. Background . . . . . . . . . . . . . . . XI-1 2. Definitions. . . . . . . . . . . . . . . XI-1

B. Enforcement of Temporary Labor Camp Standards . . . . . . . . . . . . . . . . . . XI-1 1. Choice of Standards. . . . . . . . . . . XI-1 2. Informing Employers. . . . . . . . . . . XI-2

C. Migrant Camp Inspection Procedures. . . . . . XI-2 1. Targeted Inspections . . . . . . . . . . XI-2 2. Regional Liaison with Other Agencies . . XI-2 3. Referrals and Complaints . . . . . . . . XI-3 4. Worker Occupied Housing. . . . . . . . . XI-3 5. Primary Concern. . . . . . . . . . . . . XI-3 6. Dimensions . . . . . . . . . . . . . . . XI-4

D. Documentation for Migrant Housing Inspections . . . . . . . . . . . . . . . . . XI-4

XII. CONSTRUCTION

Removed. Refer to OSHA Instruction CPL 2.103.

XIII. FEDERAL AGENCY SAFETY AND HEALTH PROGRAMS

A. Scope . . . . . . . . . . . . . . . . . . . . XIII-1 1. Statutory Requirements . . . . . . . . . XIII-1 2. Jurisdiction . . . . . . . . . . . . . . XIII-1 3. General Guidance . . . . . . . . . . . . XIII-2 4. Definitions. . . . . . . . . . . . . . . XIII-3 5. References . . . . . . . . . . . . . . . XIII-4

B. Compliance. . . . . . . . . . . . . . . . . . XIII-4 1. Targeted Inspections . . . . . . . . . . XIII-4 a. Targeting List. . . . . . . . . . . XIII-5 b. Special Emphasis Targeting. . . . . XIII-6 c. Scheduling of Targeted Inspections. XIII-6 d. Conduct of Targeted Inspections . . XIII-6 2. Fatality/Catastrophe Investigations. . . XIII-6 a. Excluded Agencies . . . . . . . . . XIII-6

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

CHAPTER PAGE

b. Receipt of Fatality/Catastrophe Reports . . . . . . . . . . . . . . XIII-6 c. Agency Investigation. . . . . . . . XIII-7 d. OSHA Investigation Decision . . . . XIII-7 XIII. 3. Reports of Unsafe or Unhealthful Working Conditions (Complaints). . . . . . . . . XIII-7 a. Receipt and Recording of Complaints XIII-7 b. Responding to Complaints. . . . . . XIII-8 c. Responding to Complaints When the Agency Has Certified Committees . . XIII-9 d. Responding to Complaints When OSHA Does Not Have Authority . . . . . . XIII-11 4. Reports of Safety and Health Program Violations . . . . . . . . . . . . . . . XIII-11 5. Reports of Reprisal. . . . . . . . . . . XIII-12 6. Refusal of Entry . . . . . . . . . . . . XIII-13 7. Warrants/Subpoenas . . . . . . . . . . . XIII-13 8. Recordkeeping and Reporting Requirements XIII-14 a. Occupational Injury/illness Logs (OSHA Logs) . . . . . . . . . . . . XIII-14 b. OWCP Compensation Forms . . . . . . XIII-14

C. Evaluation. . . . . . . . . . . . . . . . . . XIII-14 1. Purpose. . . . . . . . . . . . . . . . . XIII-14 2. Time Frames. . . . . . . . . . . . . . . XIII-15 3. National Office Responsibilities . . . . XIII-16 4. Regional/Area Office Responsibilities for Evaluations. . . . . . . . . . . . . XIII-18

D. Agency Technical Assistance Requests (ATARS). XIII-22

E. Notice of Unsafe or Unhealthful Working Conditions, OSHA-2H Form, (OSHA Notice) . . . XIII-23 1. Issuance of OSHA Notice. . . . . . . . . XIII-23 2. Cover Letter . . . . . . . . . . . . . . XIII-25

F. Informal Conference Procedures. . . . . . . . XIII-26

G. Verification of Abatement . . . . . . . . . . XIII-27

H. Petitions for Modification of Abatement Dates (PMAs). . . . . . . . . . . . . . . . . XIII-27

I. Failure-to-Abate. . . . . . . . . . . . . . . XIII-27

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

CHAPTER PAGE

APPENDIX A 29 CFR 1960 Citable Program Elements . . . . XIII-A-1

XIV. DISCLOSURE

A. Policy and Procedures . . . . . . . . . . . . XIV-1 1. Policy . . . . . . . . . . . . . . . . . XIV-1 2. Procedures . . . . . . . . . . . . . . . XIV-1

B. Specific Guidelines . . . . . . . . . . . . . XIV-1 1. Enforcement Proceedings. . . . . . . . . XIV-1 2. Disclosability of Records. . . . . . . . XIV-1 3. Requests for Records . . . . . . . . . . XIV-2 4. Disclosable Information on Case File Forms XIV-2 5. Nondisclosable Information on Case File Forms. . . . . . . . . . . . . . . . . . XIV-5 6. Information Which May be Exempt from Disclosure in Whole or in Part on Case File Forms . . . . . . . . . . . . . . . XIV-7 7. Disclosure of Witnesses' Statements. . . XIV-11 8. Medical Records. . . . . . . . . . . . . XIV-11 9. State Plan Monitoring Files. . . . . . . XIV-11 10. Retention of FOIA Files. . . . . . . . . XIV-12 11. Waiver of Fees . . . . . . . . . . . . . XIV-12

XV. REVIEW COMMISSION

Removed. Refer to OSHA Instruction CPL 2.103.

INDEX . . . . . . . . . . . . . . . . . . . . . . . . . Index-1

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

GENERAL RESPONSIBILITIES AND ADMINISTRATIVE PROCEDURES

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Sections A., B., C., D., E., F.1., and G have been removed. Refer to OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM).

Section F.2. has been removed. Refer to OSHA Instruction CPL 2.25I, Scheduling System for Programmed Inspections.

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

APPENDIX A

This appendix to Chapter III has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103., Field inspection Reference Manual (FIRM).

The Appendix (SAVEs and AVDs) has also been removed. Refer to OSHA Instruction CPL 2.35, CH-25.

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Sections A., B., and C., have been removed. Refer to OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM).

This page replaces deleted pages VI-1 through VI-19

D. Handling Monies Received from Employers.

1. Responsibility of Area Director. It is OSHA policy to collect penalties owed the government as a result of the legitimate exercise of statutory authority. The Area Director is responsible for informing employers of OSHA's debt collection procedures, collecting assessed penalties from employers, reporting penalty amounts collected and those due, calculating interest and other charges on overdue penalty amounts, referring cases with uncollected penalties to the National Office, transferring selected cases to the Regional Solicitor for legal action and tracking such cases, and mailing collected monies in accordance with the procedures given in this chapter and in OSHA Instruction ADM 1-1.12B, Chapter XXIII, and other relevant OSHA Instructions.

2. Receiving Payments. The Area Director shall be guided by the following with regard to penalty payments:

a. Methods of Payment. Employers assessed penalties shall remit the total payment to the Area Office by certified check, personal check, company check, postal money order, bank draft or bank money order, payable to the U.S. Department of Labor--OSHA. Payment in cash shall not be accepted. Upon request of the employer and for good cause, alternate methods of payment are permissible, such as payments in installments.

b. Identifying Payment. The Reporting I.D. of the Area Office concerned, along with the Inspection Number, MUST BE PLACED in the upper left corner of the face of the payment instrument. The date of receipt MUST BE STAMPED in the upper right corner. referred to a collection agency and to one or more credit reporting bureaus (CRB).

E. 10. b. Referral to Debt Collection Agency. If the

debt remains uncollected after one calendar month from the date that the third demand letter was sent, the case shall be referred to the DCA. The DCA will have the case for a period of up to 6 months during which time it will attempt to collect the overdue debt.

(1) Any penalty settlement offer received by the DCA shall be referred to the appropriate Regional Administrator for approval.

(2) All monies collected by the DCA will be forwarded to a special account set up for the purpose.

c. Referral to Credit Reporting Bureau (CRB). If the DCA fails to collect the debt within the established time frame, the uncollected debt shall be returned to OMDS. OMDS shall initiate the procedure for reporting the delinquent employer for listing with the CRB. After reporting to the CRB, the case shall be referred to the Area Director for appropriate disposition.

d. Referral to the Solicitor. If the debt was not collected by the DCA, OMDS shall transmit all qualifying cases to the Area Director through the Regional Administrator for evaluation and consideration for referral to the Solicitor.

(1) Cases may qualify for referral to the Regional Solicitor if the debt has uncollected penalties and fees of $5,000 or more. If the inspection began prior to March 1, 1991, then the amount of uncollected penalties and fees is $1000 or more. Unpaid penalties and fees becoming due within the previous 5-year period may be aggregated for collection purposes.

(2) Cases that do not meet the criteria given in E.10.d.(1) shall be handled in accordance with E.10.c.

e. Update the Data Base. OMDS shall update the data base to show that the case has been returned to the Area Office for action following IMIS procedures.

11. Referral of an Uncollected Debt to the Solicitor. The Area Director, in consultation with the Regional Administrator, shall determine whether or not an uncollected debt meets the criterion of E.10.d.(1) and is to be referred to the Regional Solicitor. If so, the Area Director shall proceed as follows:

a. The Area Director shall forward the case file to the Regional Solicitor with a memorandum requesting that appropriate legal action be undertaken to collect the unpaid debt. This action shall be handled in accordance with current IMIS procedures.

E. 11. b. While the case files are in the hands of the

Solicitor, the Area Director shall follow up on a quarterly basis (by telephone with a note for the file) to determine the status of the case and to ensure prompt notification of the disposition.

c. Upon settlement or completion of litigation, the Area Director shall contact the Regional Solicitor to determine what payment arrangements have been established and to ensure that penalty payments are received by the Area Office and promptly forwarded to the Lockbox Depository in accordance with D.2.f.

(1) If the employer fails to meet the payment schedule imposed upon it by the court, the case shall be returned to the Solicitor for further legal action.

(2) Once a post-judgment action has been obtained from the court, no further collection action is necessary; and the case may be closed upon completion of abatement action.

12. Debts Over $100,000. The Authority to compromise, or suspend or terminate collection action on uncollected debts of $100,000 or more, exclusive of interest, delinquent charges, and administrative costs, rests solely with the Department of Justice. (See Department of Labor Managment Series (DLMS) 6, Chapter 1100, which was revised March, 1994.)

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-4 December 13, 1993 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction DIS .4B, Investigator's Manual

OSHA Instruction CPL 2.45B CH-4 December 13, 1993 Office of General Industry Compliance Assistance

A. General.

1. Background. The Employment and Training Administration (ETA) migrant housing standard was revised and published in the Federal Register on March 4, 1980. The standard was renumbered from 20 CFR 620 to Subpart E of Part 654 and became effective April 3, 1980. Migrant housing facilities existing on April 3, 1980, will be governed in all respects by either Subpart E of Part 654 or by the OSHA migrant housing standard 1910.142 (or variances granted thereto). The choice of governing standard will be left to the discretion of the individual employer providing the housing. All new migrant housing built on or after April 3, 1980, will be subject exclusively to the requirements of 29 CFR 1910.142.

2. Definitions. For purposes of this chapter, the following definitions apply:

a. Temporary Labor Camp or Migrant Housing Facility. Farm housing directly related to the seasonal or temporary employment of migrant farm workers. In this context, "housing" includes both permanent and temporary structures located on or off the property of the employer, provided they meet the foregoing definition.

b. New Construction. All migrant housing construction started on or after April 3, 1980, including totally new structures and additions to existing structures. Cosmetic remodeling work on pre-1980 structures will not apply and such structure should be treated as existing housing.

B. Enforcement of Temporary Labor Camp Standards.

1. Choice of Standards. Prior to walk-around inspections of temporary labor camps built before April 3, 1980, employers providing the housing will be asked to specify their preference of applicable departmental standards. Choices shall be limited to Subpart E of Part 654, 29 CFR 1910.142, or guidelines contained in variances from these standards. In the latter instance, employers shall have available and be able to produce copies of variances and whatever guidelines that might apply.

a. In instances where Subpart E of Part 654 is specified as the governing standard for existing housing, hazardous conditions violating both the ETA and OSHA requirements shall be cited under the OSHA standard. Hazardous conditions found in violation of the ETA standards, but in compliance with 29 CFR 1910.142 shall not be cited.

b. In instances where conditions are deemed in violation of the ETA standard and not covered by the OSHA standard, either 5(a)(1) shall be cited (serious violations) or such deficiencies shall be brought to the employer's attention and correction shall be encouraged.

c. In instances where 29 CFR 1910.142 is selected by the employer as the governing standard for an existing facility or is applicable in the case of "new construction", all requirements of that standard shall apply and shall be cited when violations are found.

d. Under no circumstances shall Subpart E of Part 654 be cited by the inspecting CSHO as no authority exists within the Occupational Safety and Health Act of 1970 to cite a standard not adopted under the Act.

2. Informing Employers. Employers shall be made aware of foregoing policy and procedures during the opening conference, prior to the inspection of a migrant housing facility. This policy applies to all employment-related migrant housing covered by OSHA, regardless of whether or not employees housed in the facility are recruited through the U.S. Employment Service's inter-intrastate clearance system.

C. Migrant Camp Inspection Procedures.

1. Targeted Inspections. Inspections of migrant housing camps will be conducted annually in States under Federal Jurisdiction, either by Federal CSHOs or 7(c)(1) contract personnel. Migrant housing inspections will include fatality/catastrophe and complaint investigations, programmed inspections, referrals and followups. Camp inspections shall be scheduled during regular working hours in accordance with procedures in Chapter II, E.2.b.(5).

2. Regional Liaison with Other Agencies. Regional Administrators are responsible for working closely with Regional Administrators of the Employment Standards Administration (ESA) and ETA in the coordination of migrant housing inspections. ESA Regional Administrators will continue to take the lead in the coordination effort in each Region. Every effort shall be made to avoid duplication of effort.

a. Liason shall be established between OSHA Field offices and local State Employment Security Administration (SESA) and Farm Labor Contractor Registration Act (FLCRA) offices for the purpose of periodically exchanging information on the locations and entry dates of the camps investigated by each agency. In addition, Regional Administrators shall advice 18(b) State Designees of the need to exchange housing inspection information with ETA and FLCRA field offices in their jurisdictions.

b. Based on reports received, inspection of camps investigated by other DOL agencies during the same annual occupancy period shall be avoided by both OSHA Federal and 18(b) State personnel. While there will be instances where OSHA will be required to enter camps recently inspected by ESA and/or ETA (e.g., accidents, complaints, referrals), efforts shall be made to keep unnecessary overlap to a minimum.

3. Referrals and Complaints. Regional Administrators are directed to monitor and maintain records on housing inspection referrals received by Area Offices from SESA and FLCRA compliance personnel. Investigations conducted in response to complaints shall be conducted in accordance with Chapter IX. Both complaint investigations and inspections in response to referrals shall be acted on as promptly as possible, resources permitting.

4. Worker Occupied Housing. Generally, inspections shall be conducted when migrant housing facilities are occupied. Inspections shall be scheduled as soon as feasible after workers occupy housing so that, when possible, hazards may be corrected early in the work season. Preoccupancy inspections shall be conducted only in order to accomodate scheduling difficulties, provided that, at the time of the inspection, it is reasonably predictable that workers will imminently occupy the facilities.

a. Since employees may not speak English or may only speak English as a second language, every effort shall be made, before the inspection begins, to find a person to translate conversations with employees.

b. The CSHO shall conduct inspections in such a manner as to minimize disruptions to the personal lives of those living in the housing facilities. If an occupant of a dwelling unit refuses entry for inspection purposes, the CSHO shall not insist on entry and shall continue the inspection unless, in the judgment of the CSHO, the lack of access to the dwelling unit involved would substantially reduce the effectiveness of the inspection. In that case, the procedures for refusal of entry shall be followed. The same shall apply in cases where employers refuse entry to the housing facility and/or to the entire farm.

c. During inspections, CSHOs shall encourage employers to correct hazards as quickly as possible. Particular attention shall be paid to identifying instances of failure to correct and violations repeated from season to season. These violations shall be cited in accordance with normal procedures.

5. Primary Concern. In conducting a temporary labor camp inspection, the CSHO shall be primarily concerned with those facilities or conditions which most directly relate to employee safety and health. Accordingly, all migrant housing inspections shall address at least the following:

a. Site. The location of the site in relation to swamps, pools, sinkholes and other surfaces where water may collect and remain for extended periods. The site shall be in a clean and sanitary condition; i.e., free from rubbish, debris, waste paper, garbage and other refuse.

b. Shelter. Whether the shelter provides protection against the elements and whether the rooms are used for combined purposes of sleeping, cooking and eating. For rooms used for sleeping purposes, determine the number of occupants and size of the rooms. Determine for all rooms whether there is proper ventilation and screening.

c. Water Supply. Whether the water supply has been approved by the appropriate local health authority; determine the location of hydrants.

d. Toilet Facilities. The type, number, location and sanitary conditions of toilet facilities.

e. Laundry, Handwashing and Bathing Facilities. The number, locations and conditions of these facilities.

f. First Aid Facilities. First aid facilities shall be readily available.

6. Dimensions. The relevant dimensions and ratios specified in 29 CFR 1910.142 are mandatory; however, it is inappropriate to cite minor variations from specific dimensions and ratios when a violation does not have an immediate or direct effect on safety and health. In those cases in which the standard itself does not make reference to specific dimensions or ratios but instead uses adequacy as the test for the cited conditions and facilities, the Area Director shall make the determination as to whether a violation exists on a case-by-case basis considering all relevant factors.

D. Documentation for Migrant Housing Inspections. The following facts shall be carefully documented:

1. The age of dwelling unit, including additions. For recently built housing, date construction started.

2. Number of dwelling units, number of occupants in each unit.

3. Approximate size of area in which the housing is located and the distance between dwelling units and water supply, toilets, livestock and service building.

4. Employer identity. Usually the grower rather than the crew leader will be the employer of migrant workers. In many situations both may be the employer for OSHA citation purposes, but citations shall normally be issued to the grower since that employer is best positioned to correct any OSHA violations. The identity of the employer, nevertheless, is often a complex matter involving numerous criteria, the most important of which is who determines the manner in which workers are to perform their tasks. Other criteria are who pays their wages, who employees consider to be their employer, who has the power to hire and fire, and who establishes wage rates.

5. The housing provided or made available by the employer shall be related to the employment of the worker. Housing shall be treated as employment-related if:

a. Employers require employees to live in the housing, or

b. Isolated location or the lack of economically comparable alternative housing makes it a practical necessity to do so, and/or

c. The housing is provided or made available as a benefit to the employer. Applicable migrant housing standards shall be enforced if any of the following factors in any given case indicate that operation of the camp is directly related to the employment of its occupants:

(1) Cost of the housing to the employee - is it provided free or at a low rent?

(2) Ownership or control of the housing - is the housing owned or controlled or provided by the employer?

(3) Distance to the worksite from the camp, distance to the worksite from other noncamp residences - is alternative housing accessible (distance, travel, cost, etc.) to the worksite?

(4) The camp's benefit to the employer - does the employer make the camp available in order to ensure that his business is provided with an adequate supply of labor?

(5) Relationship of the camp occupants to the employer - are those living in the camp required to work for the employer upon demand?

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-4 December 13, 1993 Office of General Industry Compliance Assistance

A. Scope.

1. Statutory Requirements. Only two Sections of the Occupational Safety and Health Act (the Act) apply to Federal agencies, Sections 19 and 24. Section 19(a) requires each Federal agency to maintain a comprehensive safety and health program for its employees. The Executive Order 12196 require Federal agencies to comply with OSHA standards issued under Section 6 of the Act. These standards are 29 CFR Parts 1910, 1915, 1916, 1917, 1918, 1926, and 1928. The Executive Order requires the Secretary of Labor to issue a set of basic program elements for agency heads to follow in establishing an effective occupational safety and health program. These program elements are found in 29 CFR Part 1960. Section 24(a) and the Executive Order require the development and maintenance of an effective program of collection, compilation, and analysis of occupational safety and health statistics. OSHA's recordkeeping requirements for Federal agencies are found in 29 CFR Part 1960, Subpart I.

NOTE: The 29 CFR Parts 1903, 1904, 1905, and 2200 regulations do not apply to Federal agencies.

2. Jurisdiction. OSHA's Federal agency jurisdiction varies according to the activity being performed.

a. Federal Agency Compliance. OSHA is authorized to conduct unannounced inspections in Federal agency establishments unless:

(1) The agency has Certified Safety and Health Committees.

NOTE: OSHA can conduct announced inspections in agencies with Certified Safety and Health Committees.

(2) The work is performed by military personnel or involves "uniquely military equipment, systems and operations."

NOTE: Workplaces and operations similar to those of industry are not excluded from OSHA coverage.

(3) The agency is in the legislative or the judicial branch of Government.

b. Private Sector Compliance on Federal Property. Section 19 of the Act, the Executive Order, and 29 CFR Part 1960 program elements do not apply to employees or working conditions of employees of private contractors performing work under Government contracts. Protection of employees of private contractors performing operations on Federal property is assured by other provisions of the Act. Enforcement shall be conducted following procedures developed under those sections.

(1) The multiemployer worksite policy may apply between the private sector contractors and the Federal agency. The Area Office shall confer with the regional Federal Agency Program Officer (FAPO) who will advise the Director, Office of Federal Agency Programs (OFAP) of the circumstances in cases of high complexity. If appropriate, Notices of Unsafe and Unhealthful Working Conditions, OSHA-2H Form, (OSHA Notice) will be issued to Federal agencies for failing to oversee their contractors' safety and health programs.

(2) Where an authorized State program is in existence, the State program shall have jurisdiction over private sector contractors unless the work being performed is at a location of "exclusive Federal jurisdiction" within the Federal property. The Regional Administrator shall refer to State Plan Operational agreements to determine "exclusive Federal jurisdiction". If the agreement is not clear the legal staff having management authority over the Federal property shall be consulted.

c. Government-Owned Contractor-Operated Facilities (GOCO's). OSHA compliance policies concerning GOCO operations are described in separate Memoranda of Understanding, applicable to specific agencies. Further information may be obtained from the Directorate for Policy, Office of Intra-governmental Affairs at 202-219-8021.

d. Evaluation. OSHA evaluates Executive Branch agencies, whether they have Certified Safety and Health Committees or not. Evaluations include such scheduled headquarters, regional, and workplace reviews as the Secretary deems necessary.

e. Assistance. OSHA may provide training, hazard abatement advice, and program assistance for all Federal agencies, including those in the legislative and judicial branches of Government.

3. General Guidance. Policies and procedures for Federal agencies are to be as similar as appropriate to those followed in the private sector. Relevant FOM chapters and compliance directives are to be followed for Federal agency activities. This chapter points out areas where Federal sector procedures differ from those of the private sector. Area Office questions concerning policies, procedures, or standards interpretations involving Federal agencies should be directed to the FAPO for coordination with other Regional staff or the OFAP, as appropriate.

a. Form letters have been developed for Federal agency correspondence regarding complaints, inspections, and PMAs. (See OSHA Instruction ADM 1-1.27, Chapters IX, X, and XI.)

b. The Federal agency equivalent of a "citation" is the Notice of Unsafe and Unhealthful Working Conditions, OSHA-2H Form, (OSHA Notice). Instructions for completing the Notice is found in OSHA Instruction ADM 1-1.12B, Chapter X.

c. Inspections or evaluations at Federal prisons are to be conducted following guidelines found in OSHA Instruction FAP 1.2, Federal Agency Safety and Health Programs with the Bureau of Prisons, U.S. Department of Justice, dated September 23, 1985.

4. Definitions. The following definitions apply to Federal agencies:

a. General Duty Clause. Executive Order 12196, Section 201(a), and 29 CFR 1960.8(a) mandate the head of each agency to furnish to each employee a workplace free from recognized hazards. OSHA Notices shall refer to 29 CFR 1960.8(a) to enforce serious violations that are not addressed by a specific OSHA standard or program element.

NOTE: Section 5(a)(1) of the Act is the "general duty clause" for the private sector and does not apply to Federal agencies.

b. Citable Program Elements. Specific program elements in 29 CFR Part 1960 that may be cited when found not in compliance during inspections or evaluations.

c. Establishment. A single physical location where business is conducted or services or operations are performed. Where distinctly separate activities are performed at a single physical location, each activity shall be treated as a separate "establishment". Typically, an "establishment" refers to a field activity, Regional Office, Area Office, installation, or facility. Examples are as follows:

(1) Major organizational units with distinct lines of authority shall be counted as separate establishments.

(2) Agencies or bureaus in an agency would be separate establishments even if they occupied the same building.

(3) Each component of the Department of Defense (Army, Navy, etc.) and each major command located at an installation would be a separate establishment.

(4) Lower organizational units such as offices or divisions within a bureau or shops within a command are not considered separate establishments.

d. Multiemployer Policy. An OSHA procedure for determining which establishment has responsibility for employee safety and health when more than one establishment has employees exposed to the same hazard.

e. Establishment Official. The highest ranking person at a Federal establishment with authority over the establishment's working conditions.

5. References.

a. "Occupational Safety and Health Act of 1970," Sections 19 and 24.

b. Executive Order 12196, February 26, 1980, "Occupational Safety and Health Programs for Federal Employees."

c. 29 CFR Part 1960, "Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters," October 21, 1980.

d. OSHA Publication 2014, revised 1986, "Recordkeeping and Reporting Guidelines for Federal Agencies."

e. OSHA Instruction ADM 1-1.27, April 2, 1990, "The IMIS Standard Form Letters Manual."

f. OSHA Instruction ADM 1-1.12B, December 29, 1989, "Integrated Management Information System Forms Manual."

g. OSHA Instruction FAP 1.2, September 23, 1985, "Federal Agency Safety and Health Programs with Bureau of Prisons, U.S. Department of Justice."

B. Compliance.

1. Targeted Inspections. Targeted inspections are inspections programmed under the criteria given in this section.

a. Targeting List. OFAP shall develop a targeting list for the next fiscal year as follows:

(1) During the second quarter of each fiscal year, OFAP shall list Federal agency establishments with a significant number of claims, using annual Office of Workers' Compensation Programs (OWCP) compensation data on lost-time cases created during the previous fiscal year.

(2) OFAP shall obtain employment data for these establishments from the agencies and calculate a lost-time claims rate (LTCR) for each establishment. The formula for calculating the LTCR is:

Number of lost-time claims X 100 --------------------------------

(3) OFAP shall also calculate an average LTCR for the Government as a whole, using the same LTCR formula as above, based on OWCP lost- time claims data for all agencies.

(4) OFAP shall then develop a list showing all Executive Branch establishments with an LTCR higher than the Government average (interim list).

(5) OFAP shall subdivide the interim list by agency and send a copy of each agency's targeted establishments to its Designated Agency Safety and Health Official (DASHO) with copies to Regional Administrators having listed establishments within their jurisdiction, for a 30 calendar day review.

(6) OFAP may add additional sites to the list, in coordination with the DASHO, when OWCP data identify an agency or agency component as having high LTCR's, but are insufficiently precise to identify its high-hazard workplaces.

(7) Establishments may be added or deleted by OFAP if the DASHO supplies information warranting changes within 30 calendar days of receipt of the interim list.

(8) Establishments may be deleted by the Regional Administrator only with the concurrence of the Director, OFAP. Establishments may be deleted using the same criteria as used for safety inspections in the manufacturing sector described in Chapter II, F.2.b.(1)(b)5b.

(9) OFAP shall finalize the interim list and send the final targeting list to Regional Administrators and agencies before the beginning of the fiscal year.

b. Special Emphasis Targeting. Regional Administrators who develop special emphasis programs shall obtain the concurrence of the Director, OFAP, before scheduling inspections.

c. Scheduling of Targeted Inspections. Area Directors shall schedule all Federal agency inspections within the fiscal year.

(1) Establishments which have been scheduled for a targeted inspection within the last 2 fiscal years will have been deleted by OFAP.

(2) Targeted inspections may be conducted in any order.

d. Conduct of Targeted Inspections.

(1) All targeted inspections shall be initiated within the fiscal year. If for some reason an inspection cannot be initiated within the fiscal year, the Regional Administrator shall notify OFAP of the worksites which were not inspected during the fiscal year. OFAP shall determine whether to "carry over" the site to the next fiscal year or delete it.

(2) The Area Director may conduct a comprehensive inspection or may limit the inspection to those areas with the greatest potential for injuries and illnesses.

(3) OSHA targeted inspections shall identify violations of OSHA standards and citable program elements of 29 CFR Part 1960. The citable program elements are listed in Appendix A of this chapter.

2. Fatality/Catastrophe Investigations. OSHA has authority to investigate fatal or catastrophic accidents to Federal employees in agencies subject to OSHA inspections.

NOTE: A catastrophe is an incident that results in five or more people being admitted to a hospital, at least one of whom is a Federal civilian employee.

a. Excluded Agencies. If an accident report is received concerning a Federal agency not under OSHA's jurisdiction, the person reporting the accident shall be referred to that agency's safety and health staff.

b. Receipt of Fatality/Catastrophe Reports. Executive Branch agencies are required to report all civilian fatalities and catastrophes to OSHA within 48 hours.

(1) Reports Initially Received in the National Office. OFAP shall record the necessary information and immediately telephone the information to the appropriate Regional Administrator for transmittal to the Area Director.

(2) Reports Initially Received in the Regional Office. The Regional Administrator shall record the necessary information and immediately telephone the information to the appropriate Area Director and to OFAP.

(3) Reports Initially Received in the Area Office. The Area Director shall record the necessary information and notify the Regional Administrator by telephone, who shall notify OFAP.

c. Agency Investigation. Agencies are required to conduct an investigation of each fatal or catastrophic incident and, upon request, to provide OSHA with a report of findings upon completion of the investigation. The Area Director within whose jurisdiction the incident took place may contact the establishment official and request that a copy of the report or a summary be sent to the Area Office upon its completion.

d. OSHA Investigation Decision. The Area Director, with the concurrence of the Regional Administrator, shall determine whether OSHA will conduct an investigation of the incident, OSHA may conduct an independent investigation or participate in the agency's investigation.

(1) If the Area Director decides to conduct an investigation, the establishment official shall be notified in advance of the planned date for the inspection.

(2) When OSHA joins an agency investigation, the CSHO shall participate fully with the investigation and not be subject to "observer status" by the agency.

(3) Identified violations of authorized program elements and OSHA standards shall be cited using the OSHA Notice.

3. Reports of Unsafe or Unhealthful Working Conditions (Complaints). OSHA has authority over complaints by Federal employees except as indicated in A.2.a. of this chapter.

a. Receipt and Recording of Complaints. Upon receipt of a complaint, the receiving office shall determine if OSHA has the authority to conduct an inspection. If so, the procedures outlined in Chapter IX, A.3., apply except as follows:

(1) Complaints Initially Received in the National Office. OFAP shall ensure that sufficient information for handling the complaint is recorded and forwarded to the appropriate Regional Administrator for transmittal to the Area Director. When telephone complaints are received, it may be more appropriate to identify the responsible Area Office and have the complainant contact it directly.

(2) Complaints Initially Received in the Regional Office. The Regional Administrator shall ensure that sufficient information for handling the complaint is recorded and forwarded to the appropriate Area Director. When telephone complaints are received it may be more appropriate to identify the responsible Area Office and have the complainant contact it directly.

(3) Oral Complaints. The designated professional receiving an oral complaint shall ask if the complaint has been directed to safety and health personnel in the complainant's agency. If not, the complainant shall be encouraged to do so. If the complainant does not desire to submit a complaint to his/her own agency, the complaint shall be accepted and processed in accordance with the procedures found in B.3.b. below. To formalize an oral complaint an OSHA-7 Form shall be sent along with complaint form letter "c" ("OSHA-7 For Signature").

b. Responding to Complaints. Federal agency complaints where OSHA has enforcement authority shall be responded to in accordance with Chapter IX, A.6. through A.10., except as follows:

(1) Formal other-than-serious complaints must be handled by inspection within 120 days or handled by letter to the establishment official with permission of the complainant.

(2) Non-formal serious complaints shall be handled by letter to the establishment official or by inspection.

(3) If the complaint is handled by inspection, the Area Director shall notify the complainant of inspection results using complaint form letter, "h" ("Notification to Complainant with Inspection Results") and shall send the complainant a copy of the OSHA Notice, if issued.

(4) If the complaint is handled by letter, the establishment official shall be informed by certified mail, using complaint form letter "h" ("Complaint Notification for Employer Inspection - Without Certified Committee"), that the establishment must conduct an investigation within 3 working days for potentially serious conditions and within 20 working days for other-than-serious hazards (1960.28(d)(3)).

(a) A report of findings shall be provided to OSHA within 30 calendar days after completion of the agency's investigation.

(b) Any necessary corrective action must be completed or an acceptable abatement plan must be submitted to the Area Director within 30 calendar days after the close of the investigation.

(c) The complainant shall be notified using complaint form letter "e" ("Complainant Notification with Letter D") that the complaint has been forwarded to the establishment official for investigation and that OSHA will inform him/her of the investigation findings.

(d) The agency shall be informed that OSHA will provide a copy of the report of findings to the complainant.

(e) If the agency response is satisfactory, OSHA will notify the complainant using complaint form letter "g" ("Notification to Complainant with Satisfactory Employer Response").

(f) If the agency response is unsatisfactory or the complainant informs OSHA that the hazard has not been abated, the Area Director shall notify the establishment official using complaint form letter "j" ("Correcting but Additional Information Needed"). The Area Director shall also inform the complainant using complaint form letter "l" ("Notification to Complainant with Unsatisfactory Employer Response"). The Area Director may schedule an inspection.

c. Responding to Complaints when the Agency has Certified Occupational Safety and Health Committees (Certified Committee). OSHA is authorized to conduct announced inspections in response to employee complaints. Response timeframes shall be the same as private sector complaints. (See Chapter IX, A.6. through A.10.) The following agencies have Certified Committees:

Panama Canal Commission Central Intelligence Agency Securities and Exchange Commission Interstate Commerce Commission General Services Administration Department of Labor Tennessee Valley Authority U.S. International Trade Commission

(1) Complaints from employees in agencies with Certified Committees are to be handled by the receiving office as follows:

(a) In the case of imminent danger, OSHA shall notify the establishment official by telephone of his or her responsibility to investigate the alleged imminent danger and shall notify the official that OSHA will conduct an investigation to evaluate the validity of the allegation.

(b) Send formal or nonformal complaints by mail to the establishment official, with a copy to the FAPO with complaint form letter "d2" ("Notification to Employer - With Certified Committee").

(c) Announced inspections are to be handled by the receiving Area Offices as follows:

1 Notify the establishment official at least one day in advance of the scheduled inspection using complaint form letter "d3" ("Notification to Employer with Certified Committee-- Announced Inspection"). The letter may be hand-carried or sent by electronic means in case of imminent danger.

2 Complaints alleging an imminent danger situation shall be inspected the same day received, where possible, but not later than the agency's next working day after receipt of the report by the Area Office.

3 Formal, serious complaints shall be inspected within 30 working days after evaluation and confirmation that an inspection is necessary.

4 The complainant shall be informed of the findings using complaint form letter "h" ("Notification to Complainant with Inspection Results") and sent a copy of the OSHA Notice, if issued.

5 Send the results of the announced inspection with inspection form letter "a" ("Notification to Employer -- Inspection Results") to the establishment official who will be requested to share the results with the Certified Committee. A copy of the inspection results shall also be forwarded to the Agency DASHO.

(d) If OSHA does not conduct an inspection, the Area Director shall request the establishment official to provide copies of the complaint, responses, and the investigation findings to the appropriate Certified Committee.

(2) When half the members of record of an agency's Certified Committee agree, a request can be made for OSHA to evaluate an agency's response to a report of unsafe or unhealthful working conditions. When such a request is received, OSHA will conduct an inspection classified as a complaint inspection.

d. Responding to Complaints When OSHA Does Not Have Authority. If OSHA does not have compliance authority over the complainant's agency, he/she shall be advised to contact his/her employer's safety and health staff. Every effort shall be made to assist in identifying the proper person to be contacted. The receiving OSHA office shall:

(1) Transmit written complaints evaluated as a potential imminent danger to the agency by telephone or other electronic means, followed as soon as possible by a confirming letter with the complaint attached.

(2) Transmit other written complaints by mail to the agency's safety and health staff as soon as possible.

(3) Acknowledge all written complaints with complaint form letter "f2" ("Acknowledgment to Complainant--Referral to Another Agency"), informing complainants that their agency does not fall under OSHA's compliance authority and that their complaint has been forwarded to their agency for action. When a complaint is received in person or by telephone, the complainant shall be given the same information and shall be informed that the complaint must be directed to their agency for action.

4. Reports of Safety and Health Program Violations. When complaints from Federal employees or employee representatives include allegations of violations of citable program elements of 29 CFR Part 1960, the Area Director may (at his or her discretion) schedule an inspection or respond by letter.

NOTE: Citable program elements of 29 CFR Part 1960 are listed in Appendix A of this chapter.

a. If an inspection is conducted, an OSHA Notice may be issued for violations of citable program elements of 29 CFR Part 1960.

(1) Standard Alleged Violation Elements (SAVES) shall be used to describe violations of citable program elements of 29 CFR Part 1960 on the OSHA Notice.

(2) Violations of citable program elements of 29 CFR Part 1960 shall be classified as "other- than-serious" unless they are considered a contributing factor to a serious safety or health standard violation (e.g., where lack of supervisory training contributed to an unshored trench, both the trenching standard and 29 CFR 1960.55 would be cited as "serious").

b. If an inspection is not scheduled, alleged violations of 29 CFR Part 1960 program elements shall be handled by letters to the establishment official and the complainant with the following additional requirements and exceptions:

(1) Complaint form letters "d1" or "d2" ("Complainant Notification for Employer Inspection With/Without Certified Committee") to establishment officials shall list the alleged violations with reference to pertinent sections of 29 CFR Part 1960 program elements. The establishment official shall be requested to review the operation of his or her program in light of the alleged violations to take any appropriate corrective action, and to advise the Area Director of his or her findings.

(2) Send complaint form letter "e" (Complainant Notification with Letter D") to complainants which will advise them that their concerns about the program at their facility have been brought to the attention of their establishment official and that the agency response will be provided to them.

c. If the alleged violations of program elements affect many facilities of the same agency and/or cover more than one OSHA region, the report shall be forwarded to OFAP for review. OFAP shall determine if a special study evaluation of the agency program should be conducted.

5. Reports of Reprisal. The Executive Order 12196 and 29 CFR Part 1960, which establish safety and health programs for Federal employees, do not give OSHA authority to take remedial action on behalf of Federal employees who believe that they have suffered reprisal. 29 CFR 1960.46 requires each agency to establish procedures to protect Federal employees from reprisal for filing a report of unsafe or unhealthful working conditions. In addition, the Federal employee may have protection for such activity under the Whistleblower Protection Act of 1989, enforced by the Office of Special Council.

NOTE: Section 11(c) of the Act does not apply to Federal employees.

a. Reports of alleged reprisal falling within the scope of 29 CFR 1960.46 received in the Regional/Area Offices shall be handled as follows:

(1) When possible, the receiving office should obtain details showing the nature of the reprisal, the agency's reasoning for the action, and the alleged link to actions under 29 CFR 1960.46.

(2) The allegation shall be forwarded to the Regional Office, FAPO, for review to ensure that the alleged reprisal meets the requirements for a valid discrimination complaint based on safety and health activities.

(3) If the report of alleged reprisal contains a valid safety or health complaint as well, such complaints shall be investigated by the affected Area Office.

(4) If the alleged reprisal occurred because of a safety and health complaint that has already been investigated, the FAPO shall obtain the inspection results as part of the supporting documentation for the alleged reprisal.

(5) The FAPO shall refer the allegation of reprisal, along with appropriate supporting documentation, to the Office of Special Council ("Reprisal Letter for Special Council"), unless the employee's agency is exempted from the Whistleblower Protection Act. Complaint form letter "m1" ("Reprisal letter for Covered Federal Employee") shall be sent to the complainant explaining OSHA's authority and referral of the allegation to the Special Council.

(6) If the Federal employee's agency is exempted from the Whistleblower Act, the alleged reprisal shall be forwarded to the DASHO. Complaint form letter "m2" ("Reprisal Letter for Non-covered Federal Employee") shall be sent to the complainant explaining OSHA's authority and referral of the allegation to the agency's DASHO.

(7) The FAPO shall send a copy of the letters to the Director, OFAP.

b. When allegations do not fall within the scope of 29 CFR 1960.46, such as a reprisal for filing a compensation claim, for having an injury, or for refusing to work when the threat of bodily harm was not imminent, the complainant shall be so informed by the receiving office using complaint form letter "k" ("Notification to Complainant - Invalid Allegation of Reprisal").

6. Refusal of Entry. If a Federal agency scheduled for an inspection refuses entry, the Area Director shall attempt to resolve the issue with the establishment official.

a. If a resolution cannot be worked out, the Area Director shall contact the Regional Administrator. The Regional Administrator shall contact the equivalent agency organizational level with responsibility and authority for the establishment's working conditions to discuss the refusal. If agreement cannot be reached, the Regional Administrator shall contact the Director, OFAP, for resolution with the DASHO.

b. A written record of all actions taken to resolve the issue shall be kept in the case file.

7. Warrants/Subpoenas. Administrative subpoenas or warrants will not be used for Federal agencies. Issues unresolved at the Area Office shall be transferred to the Regional, and, if necessary, National Office, OFAP.

8. Recordkeeping and Reporting Requirements. Federal agency recordkeeping requirements are outlined in Part 1960 program elements, Subpart I, and in "Recordkeeping and Reporting Guidelines for Federal Agencies" (OSHA Publication 2014).

NOTE: The lost workday injury (LWDI) rate (Item 33) and the occupational injury/illness cases (Item 34) are not to be completed for Federal agency activity on the OSHA-1.

a. Occupational Injury/Illness Logs (OSHA Logs). OSHA Logs may be maintained at Regional or Area levels if quarterly updated copies are available to the establishment. (See OSHA Publication 2014.)

(1) Agencies may use their own forms to log injuries and illnesses, but the forms must include all data elements listed in OSHA Publication 2014, Appendix A.

(2) As new OSHA standards are published under Section 6(b) of the Act that require certain injuries/illnesses to be recorded on the OSHA Log, Federal agencies will also be required to enter this information on their injury/illness log. For example, needle sticks, carpel tunnel syndrome, and threshold shifts in hearing loss are now required to be recorded.

b. OWCP Compensation Claim Forms. Agencies are required to complete OSHA- related items on OWCP compensation claim forms CA-1, CA-2, and CA-6.

NOTE: OWCP forms printed since 1986 include specific blocks for Type, Source, and Duty Station Zip Codes which are OSHA- required information.

(1) CSHOs shall review a sufficient number of claim forms to determine whether facilities are, for the most part, accurately coding data required by OSHA.

(2) CSHOs shall pay special attention to the "employee's duty station" zip code to ensure the code is for the duty station and not a central collection point at another location.

C. Evaluation.

1. Purpose. Federal agency heads are required by the Act to operate effective occupational safety and health programs. OSHA is required to evaluate the effectiveness of those programs.

a. Effectiveness is determined by analyzing injury/illness statistics and comparing the agency's written program with 29 CFR Part 1960 program elements by conducting onsite field reviews and special studies at agency establishments to evaluate program implementation.

NOTE: The purpose of onsite visits is to evaluate implementation of the agency's occupational safety and health program at the worksite level and not to evaluate specific establishments or managers.

b. Evaluations may be classified by scope as follows:

(1) Full-scale evaluations include headquarters, intermediate organizational levels, and worksite reviews of the entire occupational safety and health program.

(2) Special Study evaluations include headquarters, intermediate organizational levels, and worksite reviews but focus only on specific issues.

(3) Headquarters-only evaluations do not include worksite reviews.

(4) Agency self-evaluations may be substituted for an OSHA evaluation when recommended by the Director, OFAP, and approved by the Secretary.

2. Time Frames. In the evaluation process there is a specific time frame within which OSHA and the evaluated agency must operate to meet the requirements of 29 CFR Part 1960 program elements.

a. 60 Calendar Days before Opening of Evaluation. OFAP shall send a letter signed by the Secretary notifying the Federal agency head of OSHA's impending evaluation.

b. 30 Calendar Days before Opening of Evaluation. OFAP shall hold an informal meeting with the agency's occupational safety and health program staff to plan the opening conference, develop a list of worksites to visit, and obtain agency safety and health documents for background information.

c. 21 Calendar Days after the National Opening Conference. All subordinate office visits and all establishment onsite visits shall be completed within 21 calendar days of the conclusion of the opening conference with the agency head. If field visits are delayed by the agency, they shall be completed within 14 calendar days after the Director, OFAP, notifies the Regional Administrator that they may begin.

d. 9 Calendar Days after the Field Visit Closing Conference. Compliance officers' findings shall be provided to the Regional Administrator within 9 days after the worksite closing conference.

e. 30 Calendar Days after the Field Visit Closing Conference. Each Regional Administrator shall send the Director, OFAP, a short narrative report summarizing the results of the worksite surveys.

f. 90 Calendar Days after the National Opening Conference. OFAP shall schedule a closing conference with the agency head and other appropriate agency management officials.

g. 90 Calendar Days after the National Closing Conference. The final report concerning the evaluation shall be presented to the Secretary of Labor for signature. The Federal agency has 60 calendar days to comment on the report. After comments have been received by OFAP or the 60 calendar days have elapsed, the report is a public document and may be released upon request.

3. National Office Responsibilities. The Director, OFAP, shall:

a. Train FAPOs on evaluation criteria, policies, and procedures.

b. Select agencies for evaluation based on size and hazard indicators, such as injury/illness compensation data. Reported program deficiencies may also be considered.

c. Determine the scope of the evaluation.

d. Notify the head of the Federal agency to be evaluated by letter from the Secretary at least 2 months prior to the opening conference.

e. Contact the OSHA Regional Administrators to discuss potential locations for onsite visits, tentative evaluation time frames, and OSHA's past experience with the agency, and determine the extent of the FAPO's participation in the evaluation.

f. Arrange an informal meeting one month before the opening conference between agency program staff and the OFAP evaluators. Issues for discussion may include agency organizational structure, program strengths and weaknesses (as they are perceived by the agency), changes since the last evaluation, injury/illness causes, agency operations, and selection of locations for workplace visits.

g. Send to the OSHA Regional Administrators any agency background material or advise them of data available from agency field units.

(1) This material may include injury/illness data, occupational safety and health program documentation, agency organizational structure, and internal safety and health inspection and self-evaluation reports.

(2) Such material shall be sent to the Regional Administrator at least 2 weeks before the opening conference.

h. Request the agency to notify the National headquarters of labor organizations representing employees at the field sites to be visited. If there is more than one organization, the agency shall be requested to contact at least those with national exclusive recognition or national consultation rights with the agency.

i. Confer with the DASHO to establish a date for the opening conference with top agency management.

j. Request OSHA Regional Administrators, immediately after establishing the opening conference date, to provide a Regional evaluation team. The team leader for the Regional evaluation team shall be the Regional FAPO and, in most cases, the team will include one health and one safety senior compliance officer.

k. Conduct an opening conference at agency headquarters. Items for discussion shall include the objectives of the evaluation; evaluation procedures; employee participation in worksite surveys (such participation shall be encouraged by OSHA); the schedule for establishment onsite visits; the closing conference with the agency; and the final report.

l. Contact each FAPO participating in the evaluation by telephone, immediately after the opening conference, to transmit any policy or procedural changes resulting from the conference discussions.

m. Review the safety and health programs at the agency and, where necessary, subagency headquarters (bureaus, agencies, or commands) using the "Occupational Safety and Health Program Evaluation Guide for Agency Headquarters," adapting it, as necessary, for each agency.

n. Schedule a National Office closing conference at the Federal agency headquarters no later than 90 calendar days after the opening conference.

(1) The conference shall be held, where schedules permit, between the Assistant Secretary or other appropriate high ranking OSHA officials and top agency management officials.

(2) The closing conference shall include the major findings of the evaluation, OSHA's recommendations and an offer of abatement assistance.

o. Prepare a final report to the agency head for the Secretary's signature.

(1) The report will combine major findings from the headquarters and field reviews. A draft report shall be submitted to the Director, OFAP, within 60 days after the National Office's closing conference at agency headquarters.

(2) The agency shall be offered an opportunity to review informally a draft of the report for technical errors or misconceptions.

(3) The final report shall be ready for the Secretary's signature within 90 days after the closing conference.

p. Send the signed final report to the agency heads and request their response to the evaluation report within 60 calendar days of receipt of the report.

q. Send the final report including the agency's comments to the Federal Advisory Council on Occupational Safety and Health (FACOSH), OSHA Regional Administrators, the House Committee on Education and Labor (Subcommittee on Health and Safety), and the Senate Committee on Labor and Human Resources (Labor Subcommittee).

r. Send a copy of the final agency report and the agency's comments to the President with the Secretary of Labor's Annual Report.

s. Conduct headquarters-only evaluations to assess changes in the agency's occupational safety and health program since the previous evaluation and to monitor progress in implementing OSHA recommendations. The headquarters only evaluation shall include a headquarters review, and may also include a review at the headquarters of subordinate agencies. It will not include visits to agency worksites.

4. Regional/Area Office Responsibilities for Evaluations. The Regional Administrator shall:

a. Select a safety specialist and industrial hygienist to serve as members of each establishment review team. The teams shall be led by the FAPO or other Regional representative with Federal agency experience. Each newly assigned FAPO, as a trainee, shall accompany an experienced Federal agency evaluator on at least one Federal establishment evaluation prior to serving as a team leader.

b. Contact the agency's Regional Office and/or establishment to be evaluated by telephone to set a date for the onsite visit, to outline the evaluation process, and to encourage employee participation in the evaluation. Such contact shall be made only after receiving notification from the OFAP evaluation leader that the agency has notified its workplace. OFAP will provide the FAPO with the names, addresses, and telephone numbers of agency contact personnel.

c. Ensure in a preliminary meeting that all Regional team members are familiar with the objectives of the evaluation, Executive Order 12196, 29 CFR Part 1960 program elements, agency background information, and the procedures to be followed during the worksite review.

d. Evaluate the safety and health program at the Regional Office level, if directed by OFAP. The format for Regional Office evaluations will depend on agency organizational structure and the placement of safety and health staff within the agency; the scope of the Regional evaluation, therefore, will be determined by OFAP on a case- by-case basis.

e. Conduct the establishment onsite evaluation as follows:

(1) An opening conference shall be conducted with the establishment official, the establishment safety and health program director, the Committee chairperson, if any, and the employee representatives. The FAPO (or other team leader) shall explain:

(a) The purpose of the evaluation, the manner in which interviews are to be conducted, and the walkaround procedures to be followed during the workplace survey;

(b) That an opportunity for employee representation will be provided during the workplace surveys and that employee representatives will be interviewed privately; and

(c) That, although the visit is not a compliance inspection, OSHA must ensure that hazards observed by its personnel are eliminated. Thus, if hazards are observed, they will be pointed out at the time and mentioned again in the closing conference.

NOTE: An evaluation may be conducted in conjunction with a targeted inspection, at the Regional Administrator's discretion.

(2) Relevant documents shall be reviewed and safety and health personnel interviewed. The "Occupational Safety and Health Program Evaluation Workbook" shall be used, adapting it as appropriate for each agency. (See OSHA Instruction FAP 2.1B, Appendix A.)

(3) The team leader shall direct CSHOs to the proper locations to be included in the walkaround according to the scope of the review. The findings shall be recorded in accordance with current procedures.

(a) The purpose of the workplace survey is to assess program implementation at the field level. During the survey, therefore, the CSHO shall concentrate on interviewing supervisors, employee representatives, and employees.

(b) The survey normally shall last no more than 4 working days.

1 If the establishment is large, evaluators need not conduct a walkaround of the entire facility. Their efforts shall be focused on locations where records indicate that more injuries or illnesses are occurring or where operations are likely to create unsafe or unhealthful working conditions.

2 During the workplace survey the evaluators shall interview an appropriate sample (approximately 5-10%) of supervisors, employee representatives, and employees, using the "Workbook Survey Questions." (See OSHA Instruction FAP 2.1B, Appendix B.)

(c) The workplace survey need not include full-shift samples for hazardous exposures. Screening samples, in conjunction with interviews, normally shall be used to determine if the agency had reasonable cause to conduct full- shift sampling to verify its normal sampling protocol.

(d) The FAPO shall meet the team members at the conclusion of the workplace survey to discuss their findings and to identify items to be discussed at the closing conference.

(4) A closing conference shall be conducted at the workplace at the conclusion of the walkaround tour. In addition to items routinely discussed at any inspection closing conference, the FAPO shall discuss:

(a) How the establishment survey becomes a part of the final agency report;

(b) Recommendations regarding the establishment's occupational safety and health program, explaining that these recommendations may or may not become a part of the final report, and that violations of OSHA standards and program elements may or may not result in the issuance of the OSHA Notice; and,

(c) Sources of assistance such as the OSHA Area Office, Federal Safety and Health Councils, and the OSHA Training Institute.

(5) Following the closing conference the evaluation team shall spend one to 2 days developing a draft report of the team's findings.

(a) Compliance personnel shall transmit interview and hazard findings and other documentation, as required, within 9 calendar days following the closing conference to the FAPO. The report shall note if samples were sent to the laboratory for analysis. Laboratory results and exposure evaluations shall be forwarded to the FAPO when received.

(b) The report shall summarize the findings of the survey and shall include:

1 A narrative summary of the responses to workplace survey questions.

2 Either a list of all violations observed during the survey or a copy of the OSHA Notice.

(6) The OSHA Notices shall be issued with inspection form letter "c" ("Notification to Employer--Evaluation Results") for program or standards violations.

(7) If the workplace survey was conducted by CSHOs from another Area Office, all case file documents shall be forwarded through the Regional Administrator to the Area Director within whose territory the establishment is located.

(8) A written report, in the format given in OSHA Instruction FAP 2.1B, Appendix C, containing the results of subordinate office and establishment visits shall be sent to the Director, OFAP, no later than 30 calendar days after the field closing conference.

(a) The narrative summary report (not to exceed five pages) should be a concise summary of the major strengths and weaknesses of the worksite safety and health program. A copy of the narrative summary report shall also be sent to the establishment official.

(b) An appendix to the report shall include a response to each question in the "Occupational Safety and Health Program Guide for Field Establishments." Regional Administrators have been provided a "floppy disk" containing the evaluation questions for use on the Altos computer. The appendix may be forwarded under separate cover.

(c) Workplace summary reports, appendices, and related materials are considered internal working documents, not for distribution outside the agency.

D. Agency Technical Assistance Request (ATAR). An ATAR is a request by a Federal agency for onsite assistance. Assistance provided onsite is recorded on an OSHA-1.

1. An ATAR may include hazard abatement advice, training, a partial or comprehensive inspection, and program assistance.

2. While many ATARs are for hazard abatement advice or for a partial or a comprehensive assistance visit will be submitted by telephone, the requesting agency normally shall be required to reduce the ATAR to writing before an onsite visit can be scheduled. If, however, special circumstances arise that make it impractical to wait for a written request, the ATAR visit may be performed.

a. ATARs received in the National or the Regional Office shall be forwarded to the appropriate Area Director.

b. The Area Director shall acknowledge all formal ATARs with inspection form letter "d" ("Notification to Employer-ATAR Scheduled") and shall schedule the visit within 60 calendar days.

3. Agencies requesting assistance shall be informed that the agency is expected to correct any violations of citable program elements or OSHA standards observed by CSHOs.

4. Assistance visit procedures will vary according to the scope of the visit, as prescribed by the Area Director.

a. If the ATAR has resulted in a partial or a comprehensive inspection, all violations of citable program elements or OSHA standards observed shall be discussed with the establishment official at the closing conference.

b. For serious violations that are unabated prior to the closing conference, abatement dates and an abatement plan shall be discussed. Abatement dates shall be based on the shortest interval within which the agency can reasonably be expected to correct the violation.

c. For other-than-serious violations that are unabated prior to the closing conference, abatement advice shall be provided when appropriate.

d. The Area Director shall inform the establishment official using inspection form letter "e" ("Notification to Employer - ATAR Results") of the results of the visit. The letter shall describe OSHA's action taken in response to the ATAR and provide findings and recommendations, as appropriate.

(1) If any violations were uncorrected at the end of the visit, the letter shall:

(a) Discuss in sufficient detail all apparent violations observed by the assistance team.

(b) Indicate abatement dates for serious violations as discussed with the establishment official.

(c) Request abatement plans for any serious violation that cannot be eliminated within 30 calendar days. Abatement plans must be submitted within 30 calendar days of receipt of the letter.

(d) Request that the establishment official notify OSHA in writing of abatement action taken upon expiration of the established abatement period.

(2) If no violations were observed or if all hazards were eliminated prior to the completion of the closing conference, the Area Director shall so inform the establishment official.

e. If, after 30 calendar days, the Area Director has not received an abatement plan and has not been notified that violations have been abated, the Area Director shall check on abatement status by telephone or onsite visit. If any violations are unabated, an OSHA Notice shall be issued.

NOTE: Where onsite assistance is provided for those agencies excluded from OSHA jurisdiction, a recommendation letter shall be sent instead of an OSHA Notice.

E. Notice of Unsafe or Unhealthful Working Conditions, OSHA- 2H Form, (OSHA Notice).

1. Issuance of the OSHA Notice. The OSHA Notice shall be used to inform establishment officials of violations of OSHA standards and 29 CFR Part 1960 citable program elements and/or serious hazards not covered by an OSHA standard found during an OSHA inspection. The OSHA Notice shall be issued to Federal agencies with certified committees for violations observed during an announced inspection.

a. When violations are observed during an OSHA inspection of, evaluation of, or assistance visit to a Federal agency establishment, the procedures in Chapter III, D.8 and E., Chapter IV, and Chapter V shall be followed, unless otherwise indicated in this chapter or as follows:

(1) 29 CFR 1960.8(a) (the Federal equivalent of the general duty clause) shall be used in the notification of serious hazards that are not addressed by a specific OSHA standard. For other-than-serious hazards the agency shall be notified using inspection form letter "g" ("Letter for a Hazard Not Covered by Standard or General Duty Clause").

NOTE: Executive Order 12196, Section 1- 201(a), will no longer be used to cite hazards not addressed by a specific OSHA standard or program element.

(2) 29 CFR Part 1960, Subpart I, shall be used to enforce recordkeeping violations.

NOTE: Executive Order 12196, Section 1- 201(j), will no longer be used to cite recordkeeping violations.

(3) A Repeat Notice may be issued to a Federal agency for repeat violations if the agency had been cited previously for the same or a substantially similar condition and the following conditions are present:

(a) For serious violations if OSHA regionwide inspection history for the agency lists a previous citation issued within the past 3 years.

(b) For other-than-serious violations if the establishment being inspected received a previous citation issued within the past 3 years.

(c) The previous citation was issued to an agency within the same two-digit SIC code.

(d) There is documentary evidence that the previous citation had been abated.

NOTE: Include the inspection identification number, date, and location of the previous inspection on the notice.

(4) On multiemployer worksites the OSHA Notice normally shall be issued to the Federal employer whose employees are exposed to hazards (the exposing employer).

(a) If available facts indicate that another employer created the hazard or is responsible for correcting the hazard, the case file shall document these findings following the multiemployer worksite policy. (See Chapter V, F.2.)

(b) If the employer that creates the hazard or is responsible for correcting the hazard is excluded from OSHA jurisdiction, a letter shall be sent to the employer identifying the hazard and OSHA's concerns that a Federal agency employee is exposed to the hazard. The letter shall ask the employer to voluntarily correct the hazard and, if needed, request abatement assistance from OSHA.

(c) An OSHA Notice may be issued to a Federal agency who created or is responsible for correcting a hazard when only private sector employees are exposed.

b. An OSHA Notice shall be completed in accordance with current IMIS instructions (IMIS Manual, Chapter VIII) for all serious, willful, repeated, and other-than-serious violations covered by a citable program element or an OSHA standard.

c. The Area Office shall send the OSHA Notice to the establishment official and to the Regional Administrator for possible transmittal to the Regional Office of Information and Public Affairs.

(1) When violations are classified as willful or repeated, a copy shall also be sent to the DASHO.

NOTE: For U.S. Army only send to: U.S. Army Safety Center, Fort Rucker, Alabama 36362-5363, with a copy to: ODASD (P & L) Environment/S & OHP, Suite 206, 400 Army Navy Dr., Arlington, Virginia 22202.

(2) The Director, OFAP, shall provide a list of DASHO names and addresses to the FAPOs each October.

d. Area Directors may assign abatement dates up to 6 months in 90-day increments for violations of 29 CFR Part 1960 authorized program elements. Justification for abatement in excess of 30 days must be documented in the case file.

2. Cover Letter. Each OSHA Notice shall be accompanied with inspection form letter "a" ("Notification to Employer--Inspection Results") which shall:

a. Request the establishment official to respond in writing by a specified date, with a detailed description of how each violation has been abated or with a detailed abatement plan. The abatement plan must include:

(1) All steps that can be taken in an effort to achieve compliance during the prescribed abatement period and their projected dates.

(2) The specific additional abatement time estimated to be necessary to achieve complete compliance.

(3) The reasons why such additional time is necessary, including unavailability of professional or technical personnel, essential materials or equipment, necessity of construction or alteration of physical facilities that cannot be completed by the original abatement date.

(4) Interim steps being taken to safeguard employees against any hazards during the abatement period.

b. Inform the establishment official that an informal conference may be requested in writing or by telephone with a confirming letter within 15 calendar days of receipt of the OSHA Notice. The letter must identify the items to be discussed.

F. Informal Conference Procedures. Establishment officials may request an informal conference with the Area Director who issued the OSHA Notice.

1. If the establishment official has requested an informal conference, the Area Director shall conduct one within 15 calendar days of the request.

2. When an agency requests an informal conference, the Area Director shall advise the employee representatives of the conference date and their right to attend or have a separate conference.

3. Abatement dates on items to be discussed shall remain open until the issues shall have been resolved at the informal conference, or by the Regional Administrator, or by the Director, OFAP.

4. Every effort shall be made to resolve the issues at an informal conference with the establishment official. If, however, an issue is not resolved by the Area Director, a summary of the discussion together with the agency's position on the unresolved issues shall be forwarded to the Regional Administrator within 5 calendar days of the informal conference.

a. The Regional Administrator shall confer with the appropriate Regional agency official before making a decision on the unresolved issues.

b. If the Regional Administrator decides that the item in question should remain unchanged on the OSHA Notice, the investigation file and informal conference notes shall be transmitted to the Director, OFAP, for resolution.

c. OFAP shall review the disputed issues and discuss these with top agency officials, as appropriate, to obtain resolution. The decision at the National Office level is final. Contest procedures before the OSHA Review Commission do not apply to Federal agencies.

5. Any changes to the OSHA Notice resulting from agreement during the informal conference procedures or subsequent appeal to OFAP will be made in accordance with appropriate guidelines in Chapter III, G.

G. Verification of Abatement.

1. Abatement Letter. The Area Director shall review abatement letters and determine if the action taken corrected the violation.

a. If the letter is satisfactory, the case can be closed.

b. If the agency abatement letter is unsatisfactory, the Area Director shall verify abatement status by telephone or other electronic means or by a followup visit, as deemed appropriate.

2. Abatement Plan. If the agency submitted an abatement plan, the Area Director shall notify the establishment official of its acceptance, and ask him/her to provide a copy of the plan to the Certified Committee (if the agency has one) and to the employee representative who participated in the inspections.

3. No Response. If the abatement dates have passed with no response, the Area Director shall verify abatement status by telephone or other electronic means or by a followup visit, as deemed appropriate.

H. Petitions for Modification of Abatement Dates (PMAs). When Area Offices receive Federal agency requests for additional abatement time, generally they shall follow the private sector procedures in Chapter III, E.9. For an extension of time to be granted, the agency must provide the Area Office with a written explanation of the reason for delay, a proposed timetable for abatement, a description of the steps being taken to protect employees in the interim, and assurances that notification has been given to any affected employees and any authorized union representatives. When agreement cannot be reached to extend the abatement date, the issue shall be forwarded to the Regional Administrator for resolution with his counterpart in the agency. Issues not resolved at the regional level shall be forwarded to the Director, OFAP, for resolution with agency headquarters.

NOTE: The Occupational Safety and Health Review Commission has no jurisdiction over Federal agencies; and the provisions of 29 CFR 1903.14(a) and 29 CFR 2200.37 which prescribe PMA procedures for private sector do not apply to Federal agencies.

I. Failure to Abate. Area Directors shall make every effort to work with local Federal agency managers in developing an acceptable abatement plan. When this cannot be achieved within 30 calendar days of the abatement date, the following steps shall apply:

1. The Area Director shall send a Notice of Failure-to- Abate, OSHA-2C Form, (FTA Notice) with inspection form letter "h" ("Notification of Failure to Abate Alleged Violation") to the establishment official.

2. The Area Director shall send a copy of the FTA Notice to the DASHO and representative of employees (no cover letter required).

NOTE: For U.S. Army see "NOTE," E.1.c.(1).

3. If the inspection was initiated because of a complaint, the Area Director shall send a copy of the FTA Notice to the complainant with complaint form letter "o" ("Notification to Complainant--Failure to Abate Issued").

4. The Area Director shall forward a copy of the complete case file to the Regional Administrator, if the Area Director cannot resolve the issue at the local level.

5. The Regional Administrator shall immediately contact the Federal agency official at the equivalent organizational level with responsibility and authority for the establishment's working conditions, and request the manager to abate the violation(s) or to develop an acceptable abatement plan. If no solution is reached within 60 calendar days, the Regional Administrator shall forward the Area Office case file and written documentation showing the dates, contacts, and results of discussions undertaken at the Regional level to the Director, OFAP.

6. The Director, OFAP, shall, within 30 calendar days, determine which Directorate within OSHA is the most appropriate to review the case file. The Director, Directorate of Compliance Programs (DCP) shall then forward the case file to the appropriate Directorate.

a. The reviewing Directorate shall have 30 calendar days in which to review the case file and return it to DCP with appropriate recommendations.

b. If DCP upholds the citation, the Director shall, within 30 calendar days, schedule a meeting with his or her counterpart in the cited Federal agency to discuss OSHA's findings and request an abatement schedule.

c. If a satisfactory abatement schedule is not. received within 60 calendar days, the Assistant Secretary shall schedule a meeting with the DASHO.

d. If no solution is reached, the Assistant Secretary shall request the Secretary of Labor's involvement.

7. DCP shall provide the Regional Office with a status report every 60 calendar days until the case is resolved.

OSHA Instruction CPL 2.45B CH-4 December 13, 1993 Office of General Industry Compliance Assistance

A. Policy and Procedures.

1. Policy. OSHA's policy regarding the disclosure of documents in investigation and other files is governed by the Freedom of Information Act (FOIA) as amended (5 U. S.C. 552) and the Department of Labor's regulations in implementation thereof (29 CFR 70). Specific guidelines for the application of this policy to OSHA case file documents are set forth in B.

a. OSHA policy is to disclose all documents to which the public is entitled under the Freedom of Information Act and the regulations, including those where an exemption may apply if it is in the public interest to do so and does not impede the discharge of any of the functions of the agency, unless disclosure of such documents is prohibited. (See Sections 8(f), 15, and 17(f) of the Occupational Safety and Health Act.)

b. At the same time, great care shall be taken to ensure that documents which are exempt from disclosure are kept confidential when the disclosure of such documents may seriously prejudice the prosecution of cases, limit the free expression of opinion, compromise the right to privacy of persons involved with or affected by the OSHA program or violate the confidentiality of essential sources of information, thereby jeopardizing OSHA's law enforcement program.

2. Procedures. OSHA Disclosure Officers shall perform FOIA duties as described in the Departmental regulations. (See 29 CFR 70.) In addition, the Disclosure Officer shall report any known case of disciplinary action taken under the provisions of the Freedom of Information Act to the Disclosure Management Officer.

B. Specific Guidelines.

1. Enforcement Proceedings. OSHA policy is to disclose only citations, notices of contest, and failure to abate notices during the contest period and whenever a case has been contested since disclosure of other portions of the case file could materially interfere with the litigation process. Nothing from the case file is disclosable prior to the issuance of a Citation and Notification of Penalty (OSHA-2 Form) or a Notification of Failure to Abate Alleged Violation (OSHA-2B Form), or to the closing of the case because the company has been found to be in compliance.

2. Disclosability of Records. Generally, the disclosability of records contained within the case file must be determined on a case-by-case basis by referring to the departmental regulations in 29 CFR 70. There are certain records which are clearly disclosable in full to the public upon request; therefore, there is no need to consult 29 CFR 70.

a. The following case file records are disclosable to the public in full upon request but only after they have been received by the employer concerned:

1. Notifications of Citation and Proposed Penalty issued to employers;

2. Notifications of Failure to Abate Alleged Violations and of any proposed additional penalty which have been issued to employers;

3. Notices of Alleged Imminent Danger situations issued to employers.

b. Many case file records are not OSHA forms; for example, correspondence, photographs and negatives, electronic software, audio/visual tapes, personal interview statements, reports of medical examiners, material safety data sheets, minutes of safety and health committee meetings and other material supplied by the employer. The principles outlined in B.4., 5., 6., and 7. also apply to disclosure of these materials.

3. Requests for Records. In accordance with the guidelines set out in 29 CFR 70, a determination shall be made within 10 working days whether the request will be granted or denied in whole or in part, and the requester notified of such determination. Also, as set out in 29 CFR 70, that notice shall advise the requester of the anticipated time that a response will be made. The Regional Solicitor shall be consulted if there is any question as to whether the requested records or parts of records are disclosable.

4. Disclosable Information on Case File Forms. Information contained in the following items is normally factual (subject to the provisions of B.5. and B.6.) and, consequently, must be disclosed under the FOIA:

NOTE: The disclosure guidance given in the following subparagraphs refers specifically to the IMIS forms which became effective on April 1, 1984. The MIS forms which predated these newly revised IMIS forms shall be treated in the same manner as the corresponding new forms although the item numbers frequently will be different.

a. Inspection Report, OSHA-1 Form.

All Items

b. Narrative, OSHA-1A Form.

Item Numbers:

1. through 5. 8. through 14. (See, however, B.6.a.(2).) 16. through 17.

c. Worksheet, OSHA-1B Form.

Item Numbers:

1. through 19. 21. Photo 22a. Occupation (and Employer) 22b. No. 22c. Total Duration 22d. Frequency 26. through 28.

NOTE: It is OSHA policy to disclose items 27 and 28 on the worksheet (Probability Rating and Penalty) even though some of the matter therein is more opinion than fact.

d. Worksheet, OSHA-1B(IH) Form.

All Items (except for individuals' names which may be written on the form)

NOTE: It is OSHA policy to disclose items 31 and 32 on the worksheet (Probability Rating and Penalty) even though some of the matter therein is more opinion than fact.

e. Citation and Notification of Penalty, OSHA-2 Form.

All Items

f. Notification of Failure to Abate Alleged Violation, OSHA-2B Form.

All Items

g. Notification of Unsafe or Unhealthful Working Conditions, OSHA-2F Form.

All Items

h. Notice of Alleged Safety or Health Hazards, OSHA-7 Form.

Item Numbers:

1. through 7. 10. through 11. 17. Date 18. Organization Name 19. through 48.

i. Notice of Alleged Imminent Danger, OSHA-8 Form.

All Items

j. Fatality/Catastrophe Report, OSHA-36F Form.

Item Numbers:

1. through 13. 15. through 19. (See NOTE, B.6.c.(2).) 21. through 30. 32. through 36.

k. Photo Mounting Worksheet, OSHA-89 Form.

Item Numbers:

1. through 6.

l. Referral Report, OSHA-90 Form.

Item Numbers:

1. through 15. 17. through 27.

m. Air Sampling Worksheet, OSHA-91A Form.

Item Numbers:

1. through 9. 11. through 17. 19. through 53. (See, however, B.6.c.(4).)

n. Air Sampling Report, OSHA-91B Form.

All Items

o. Noise Survey Report, OSHA-92 Form.

Item Numbers:

1. through 7. 9. through 60. (See, however, B.6.c.(5).)

p. Direct Reading Report, OSHA-93 Form.

Item Numbers:

1. through 7. 10. through 15. 17. through 43. (See, however, B.6.c.(6).)

q. Screening Report, OSHA-98 Form.

All Items

r. Octave Band Analysis and Impact Noise, OSHA-99 Form.

Item Numbers:

s. Citation Record Update, OSHA-166 Form.

All Items

t. Complaint Record Update, OSHA-167C Form.

Item Numbers:

1. through 22.

u. Inspection Record Update, OSHA-167I Form.

All Items

v. Investigation Summary, OSHA-170 Form.

Item Numbers:

1. through 4. 5. with respect to the deceased 6. through 7. 8. with respect to the deceased 9. through 19.

NOTE: It is OSHA policy to disclose items 14 (Environmental Factor) and 15 (Human Factor) even though the matter therein is more opinion than fact.

5. Nondisclosable Information on Case File Forms. Information which cannot be disclosed because disclosure is forbidden by statute shall be kept confidential under all circumstances. All case file material shall be reviewed carefully before disclosure is made to ensure that no prohibited information is revealed.

NOTE: The items listed in the following subparagraphs will very likely contain much information which is disclosable; they are listed because they are also the items which may contain information which is not disclosable.

a. This prohibition applies to disclosure of the following:

(1) The identity of a complainant requesting confidentiality for self and/or other employees mentioned in the complaint;

(2) Materials or work processes identified as trade secrets; and

(3) Information which might give unauthorized advance notice.

b. Generally this nondisclosable information, if present, will be found in the following case file documents:

Item Number:

Item Number:

(3) Notice of Alleged Safety or Health Hazards, OSHA-7 Form.

Item Numbers:

8. Hazard Description 9. Hazard Location 12. through 16. 18. Your Title

NOTE: The entire OSHA-7 may be nondisclosable if handwritten by the complainant and there is a real possibility that the employer may be able to identify the complainant from the handwriting when the complainant has requested anonymity.

Item Number:

The Photograph Itself 7. Description

Item Number:

Item Number:

6. Information Which May Be Exempt from Disclosure in Whole or in Part on Case File Forms. Information contained in the following items shall be kept confidential when disclosure could be detrimental to the agency's activities, as outlined in A.1.b, and when such information is exempt from disclosure under Sections (b)(7)(C)--unwarranted invasion of personal privacy--and/or (b)(7)(D)--identity of confidential sources--of the FOIA.

          NOTES:    (a)  As a general rule, information about a
                         person may be disclosed to that person.

(b) The name, sex and age of a deceased person may normally be disclosed unless the privacy of survivors can reasonably be expected to be compromised by such disclosure.

(c) For purposes of exemption (b)(7)(C), an individual's name, address and telephone number are considered to be personal information, the disclosure of which may constitute an unwarranted invasion of personal privacy. Mere deletion of a person's name may not be sufficient unless the statement standing alone would not tend to indicate any particular individual as having made such statement (for example, where only one person had knowledge of the facts).

(d) Comments may be withheld pursuant to exemption (b)(5) - Interagency or intra-agency memorandums or letters. This exemption is interpreted to include staff opinions, conclusions and recommendations that are elements in the deliberative process. (See 29 CFR 70.) It does not include purely factual matters.

a. Narrative, OSHA-1A Form.

(1) Item 6, Authorized Representative of Employees; Item 7, Employer Representatives Contacted; and Item 8, Other Persons Contacted. By extension of B.6. NOTE (a), a requester will generally be entitled to all the information contained in items 6, 7 and 8 of the Narrative, if the requester is the employer concerned and the employees are employed by that employer. Care must be taken, however, to protect persons who may be confidential sources.

(2) Item 9, Coverage Information. It is anticipated that in most cases this item will contain factual and, therefore, disclosable information. However, this item may also include confidential business information, personal information, or material identifying a confidential source, in which case information may be withheld but only to the extent appropriate.

NOTE: Confidential business information may be withheld only when it may reasonably be judged to have an adverse economic effect on the company. Material which may be embarrassing or which may reveal confidential company information may not be withheld unless its disclosure is financially detrimental.

(3) Item 18. Evaluation of Safety and Health Program. "Yes/No" answers and the subitem pertaining to records are disclosable. Those subitems calling for written answers by the CSHO are disclosable as to matters of fact and nondisclosable to the extent that the information falls within one of the exempt categories (such as, personal information or material identifying a confidential source). Those items calling for evaluation (code 0, 1, 2, 3) may also be withheld. The same is true of any subjective (as opposed to purely factual) explanation given by the CSHO for a particular evaluation. Such explanations will typically be found under the "Add'l Comments" section.

(4) Item 19. Additional Comments. Under this item, a line-by-line analysis must be made where necessary to identify and segregate any protected matters from disclosable, factual information. (See 29 CFR 70.29.)

b. Worksheet, OSHA-1B Form. As with item 20 of the Narrative, the following items on the Worksheet must be analyzed on a line-by-line basis:

Item Number:

20. Instance Description 22e. Exposed Employee -- Name, Address & Telephone 23. Employer Knowledge 24. Comments 25. Other Employer Information

(1) Items 20 and 25, and item 23 to a lesser extent, will usually contain information that is primarily factual in nature; and, thus, in most cases the bulk of the information in these items is disclosable.

(2) Since item 24 specifically calls for the CSHO to record various remarks made during or pertinent to the inspection, care must be exercised to ensure confidentiality. Here, especially, mere deletion of a person's name may not be sufficient since the statement standing alone could tend to indicate a particular individual as having made the statement (for example, where only one person had knowledge of the facts).

c. Other Forms. Calculations and factual comments and notes are generally disclosable. The following items, however, will require a line-by-line analysis to identify and protect information which is nondisclosable:

(1) Notice of Alleged Safety or Health Hazards, OSHA-7 Form.

Item Number:

49. Comments

Item Number:

14. Reported By 20. Name 31. Preliminary Description 37. Comments

NOTE: When reported by someone other than a company official, the following items may also be in this category:

17. Job Title 18. Telephone Number

Item Number:

16. Source or Contact 28. Comments

Item Number:

10. Employee 18. Job Description 37. Location/T and Alt.(when address is CSHO's own.) 43. Location/T and Alt. (when address is CSHO's own.) 54. Calculations and Notes

Item Number:

8. Employee 38. Location T and B.P. (when address is CSHO's own.) 46. Location T and B.P. (when address is CSHO's own.) 52. Location T and B.P. (when address is CSHO's own.) 57. Location T and S.P. (when address is CSHO's own.) 61. Job Description

Item Number:

8. Employee 16. Job Description 34. Location T and S.P. (when address is CSHO's own.) 40. Location T and S.P. (when address is CSHO's own.)

(7) Octave Band Analysis and Impact Noise, OSHA-99 Form.

Item Number:

6. Location T and S.P. (when address is CSHO's own.) 12. Location T and S.P. (when address is CSHO's own.) 19. Notes

Item Number:

23. Comments

Item Number:

5. Injured (Name)--unless already in the public domain.

8. Age (Injured)--unless already in the public domain.

20. Abstract

7. Disclosure of Witnesses' Statements. Witnesses' statements may be disclosed when disclosure does not interfere with enforcement proceedings, constitute an unwarranted invasion of personal privacy or reveal a confidential source.

a. The factual information contained in witness statements is protected only to the degree that it may reveal the identity of the person giving the information. To ensure that the privacy of witnesses is maintained, all information which may indicate their identities shall be deleted, both from the statement and any attached or referenced materials.

b. Where there is a small number of witness statements (less than 8 as a rule), it is generally considered impossible to separate disclosable and nondisclosable information and still maintain the anonymity of the witnesses involved. For this reason, in such circumstances, all the witness statements may be withheld in full.

8. Medical Records. 29 CFR 1913.10(m) governs the interagency transfer and public disclosure of employee medical records. Any request from another agency or the public for employee medical records shall be forwarded to the OSHA Medical Records Officer through the Regional Administrator. A record of these requests shall be maintained by the Area Office.

9. State Plan Monitoring Files. Material contained in State plan on-site monitoring files relating to Complaints About State Program Administration (CASPA) investigations, case file reviews (CFR) and spot-check monitoring visits (SCMV) are generally disclosable with the same types of limitations applicable to Federal enforcement case files.

a. There are, however, certain special considerations when disclosing such monitoring case files:

(1) If portions of a State enforcement case file are contained in a Federal file, the citations and notices of contest only shall be released if the State citation is within the contest period or is under contest.

(2) Opinions, conclusions and recommendations in internal notes written by Federal personnel in evaluating the State's activity shall not be disclosed; opinions, conclusions and recommendations contained in correspondence between the State and Federal officials shall be disclosed unless otherwise exempted from disclosure.

(3) The identity of a complainant (for example, a CASPA complainant or the initiator of a State complaint investigation) or any information tending to identify a complainant which is contained in a Federal case file shall not be disclosed.

(4) Information contained in a case file related to both a State and a Federal discrimination case shall be treated in the same manner as a Federal discrimination case.

b. In accordance with the Privacy Act, case files relating to on-the-job evaluations/accompanied visits of State compliance officers are releasable only to the individual evaluated and to supervisory State officials.

10. Retention of FOIA Files. Requesters under the Freedom of Information Act have a right to appeal any denial (partial or total) of information pursuant to their request. Because the disclosing official may not know whether or not an appeal of a denial has been submitted, it is necessary to retain the response to an FOIA request for a period of time. Retention of FOIA records shall be in accordance with the disposition periods contained in General Records Schedule 14, Items 11 through 15. When more specific information or guidance is necessary, the Regional Records Management Officer shall be consulted.

11. Waiver of Fees. It is OSHA policy, subject to the requirements of 29 CFR Part 70, to waive fees otherwise assessable under the Freedom of Information Act (FOIA) when providing copies of disclosable portions of the accident investigation files to surviving family members or family members representing workers totally disabled by a work accident.

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

This chapter has been removed. Refer to OSHA Instruction 2.103, Field Inspection Reference Manual (FIRM).

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Action Plans

Guidelines for . . . . . . . . . . . . . . . . . . XIII-A-1 Administrative Subpoena. . . . . . . . . . . . . . . . . . . . . XIII-13 Administrative Costs Debts . . . . . . . . . . . . . . . . . . . . . . VI-26 Administrative Law Judge (ALJ). . . . . . . . . . . . . VI-24 Agency Technical Assistance Requests (ATARs). . . . . . XIII-22 Alternative Housing . . . . . . . . . . . . . . . . . . . . . XI-6 Area Directors Responsibilities. . . . . . . . . . . . . . . . . VI-20, XIII-25 Assessment Procedures. . . . . . . . . . . . . . . . . . . . VI-26 Catastrophe . . . . . . . . . . . . . . . . . . . . . . XIII-6 Certified Committee . . . . . . . . . . . . . . . . . . XIII-9 Choice of Standards . . . . . . . . . . . . . . . . . . XI-1 Citable Program Elements. . . . . . . . . . . . . . . . XIII-3, XIII-A-1 Complaints CASPA (Complaint About State Program Administration) . . . . . . . . . . . . . . . . . XIV-11 Federal Agencies. . . . . . . . . . . . . . . . . XIII-7 Oral. . . . . . . . . . . . . . . . . . . . . . . XIII-8 Temporary Labor Camps . . . . . . . . . . . . . . XI-3 Conference Informal. . . . . . . . . . . . . . . . . . . . . XIII-26 Confidential (see also Trade Secrets) . . . . . . . . . XIV Credit Reporting Bureau . . . . . . . . . . . . . . . . VI-29 DCAT (Debt Collection Accountability Team). . . . . . . VI-28 Dates Final Order . . . . . . . . . . . . . . . . . . . VI-24 Payment . . . . . . . . . . . . . . . . . . . . . VI-21 Debt Collection Agency. . . . . . . . . . . . . . . . . . . . . . VI-29 Policy. . . . . . . . . . . . . . . . . . . . . . VI-23 Procedures. . . . . . . . . . . . . . . . . . . . VI-23

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Definitions

Citable Program Elements . . . . . . . . . . . . . XIII-3 Delinquent Debt. . . . . . . . . . . . . . . . . . VI-25 Establishment. . . . . . . . . . . . . . . . . . . XIII-3 Establishment Official . . . . . . . . . . . . . . XIII-4 Migrant Housing Facility . . . . . . . . . . . . . XI-1 New Construction (re: Temporary Labor Camps) . . . XI-1 Temporary Labor Camps. . . . . . . . . . . . . . . XI-1 Delinquent Charge.. . . . . . . . . . . . . . . . . . . . . . VI-26 Debt . . . . . . . . . . . . . . . . . . . . . . . VI-25 Demand Letters (in Debt Collection) . . . . . . . . . . VI-25 Denial of Entry . . . . . . . . . . . . . . . . . . . . XIII-13 Designee for State Plan States (see STP 2.22A) Disclosure (see also Nondisclosable Information). . . . XIV-1 Disposition of Files (see Retention) Documentation Migrant Housing Inspections. . . . . . . . . . . . XI-4 Emphasis Programs (Special) . . . . . . . . . . . . . . XIII-6 Employee Representative . . . . . . . . . . . . . . . . . . XIV-8 Employer Refusal of Entry . . . . . . . . . . . . . . . . . XIII-13 Representative . . . . . . . . . . . . . . . . . . XIV-8 Exempt from Disclosure. . . . . . . . . . . . . . . . . XIV-7 FOIA (Freedom of Information Act) . . . . . . . . . . . XIV Family FOIA . . . . . . . . . . . . . . . . . . . . . . XIV-12 Fatality/Catastrophe. . . . . . . . . . . . . . . . . . XIII-6 Disclosure. . . . . . . . . . . . . . . . . . . . XIV-9 Reports (Federal Agencies). . . . . . . . . . . . XIII-6 Federal Agency Programs . . . . . . . . . . . . . . . . XIII Field Sanitation (see also CPL 2-2.42). . . . . . . . . XI Final Order . . . . . . . . . . . . . . . . . . . . . . VI-24 Forms OSHA-1 (Inspection Report) . . . . . . . . . . . . XIV-2 OSHA-1A (Narrative). . . . . . . . . . . . . . . . XIV-2, 6, 8 OSHA-IB or IBIH (Worksheets) . . . . . . . . . . . XIV-3, 8 OSHA-2 (Citation & Notification of Penalty). . . . XIV-1,3

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

     OSHA-2B (Notification of Failure to Abate Alleged
          Violations) . . . . . . . . . . . . . . . . .     XIV-1, 3
     OSHA-2H (Hazard Correction List/Notice of Unsafe or
          Unhealthful Working Conditions) . . . . . . .     XIII-23, XIV-3
     OSHA-7 (Notice of Alleged Safety or Health
          Hazards). . . . . . . . . . . . . . . . . . .     XIV-3, 6, 9
     OSHA-8 (Notice of Alleged Imminent Danger) . . . .     XIV-4
     OSHA-36/36F (Fatality/Catastrophe Report). . . . .     XIV-4, 9
     OSHA-89 (Photo Mounting Worksheet) . . . . . . . .     XIV-4, 7
     OSHA-90 (Referral Report). . . . . . . . . . . . .     XIV-4, 9
     OSHA-91A (Air Sampling Worksheet). . . . . . . . .     XIV-4, 7, 10
     OSHA-9IB (Air Sampling Report) . . . . . . . . . .     XIV-4
     OSHA-92 (Noise Survey Report). . . . . . . . . . .     XIV-4, 10
     OSHA-93 (Direct Reading Report). . . . . . . . . .     XIV-5, 7, 10
     OSHA-98 (Screening Report) . . . . . . . . . . . .     XIV-5
     OSHA-99 (Octave Band Analysis & Impact Noise). . .     XIV-5, 10
     OSHA-166 (Citation Record Update). . . . . . . . .     XIV-5
     OSHA-167C (Complaint Record Update). . . . . . . .     XIV-5, 10
     OSHA-1671 (Investigation Record Update). . . . . .     XIV-5
     OSHA-170 (Investigation Summary) . . . . . . . . .     XIV-5, 11
     OSHA-200 (Log & Summary of Occupational Injuries &
          Illnesses). . . . . . . . . . . . . . . . . .     XIII-14
     OSHA-2005 (BLS Survey Questionnaire) . . . . . . .     XIII-14
Freedom of Information Act (FOIA) . . . . . . . . . . .     XIV
GOCO (Government-Owned Contractor-Operated) . . . . . .     XIII-2
General Duty
     Federal Agency . . . . . . . . . . . . . . . . . .     XIII-3
Housing (Migrant Labor) (see also CPL 2-2.42) . . . . .     XI
IMIS (integrated Management Information System)
     (see also ADM 1-1.27, IMIS Standard Form
     Letter Manual) . . . . . . . . . . . . . . . . . .     VI-22, 27 to 29
Information
     Disclosable. . . . . . . . . . . . . . . . . . . .     XIV-2
     Exempt from Disclosure . . . . . . . . . . . . . .     XIV-7
     Nondisclosable . . . . . . . . . . . . . . . . . .     XIV-5
Inspections/Investigations
     Catastrophe. . . . . . . . . . . . . . . . . . . .     XIII-6
     Fatality . . . . . . . . . . . . . . . . . . . . .     XIII-6
     Refusal of Entry . . . . . . . . . . . . . . . . .     XIII-13
     Targeting. . . . . . . . . . . . . . . . . . . . .     XIII-4
     Temporary Labor Camps (see also CPL 2-2.42). . . .     XI
Integrated Management Information System (IMIS)
     (see also ADM 1-1.27, IMIS Standard Form
     Letter Manual) . . . . . . . . . . . . . . . . . .     VI-22, 27 to 29

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Jurisdiction (see also Preemption)

Federal Agency . . . . . . . . . . . . . . . . . . XIII-1 Letters (Demand). . . . . . . . . . . . . . . . . . . . VI-25, 27, 29 Log & Summary of Occupational Injuries/Illnesses (OSHA-200) . . . . . . . . . . . . . . . . . . . . XIII-14 Mailing Collecting Monies. . . . . . . . . . . . . . . . . VI-20 Demand letters . . . . . . . . . . . . . . . . . . VI-25, 27, 29 Payments/Payment Instruments . . . . . . . . . . . VI-21, 22, 27 Medical Records. . . . . . . . . . . . . . . . . . . . . . XIV-11 Migrant Labor (see also CPL 2-2.42) . . . . . . . . . . XI Modification of Abatement Dates (PMA) . . . . . . . . . XIII-27 Monitoring State Plan Files . . . . . . . . . . . . . . . . . XIV-11 Multi-Employer Policy in Federal Agencies . . . . . . . . . . . . XIII-4 National Office Office of Federal Agency Programs. . . . . . . . . XIII-16 Office of Management Data Systems (OMDS) . . . . . VI-27 to 29 Nondisclosable Information. . . . . . . . . . . . . . . XIV-5 Office of Management Data Systems (OMDS). . . . . . . . VI-27 to 29 Orders Date of. . . . . . . . . . . . . . . . . . . . . . VI-24 Final. . . . . . . . . . . . . . . . . . . . . . . VI-24 PMA (Petition to Modify Abatement Date) . . . . . . . . XIII-27 Penalty Assessment . . . . . . . . . . . . . . . . . . . . VI-26 Contested/Uncontested. . . . . . . . . . . . . . . VI-23 Criminal . . . . . . . . . . . . . . . . . . . . . VI-20 Debt, as a . . . . . . . . . . . . . . . . . . . . VI-26 Failure to Abate . . . . . . . . . . . . . . . . . XIII-27 Partially Contested. . . . . . . . . . . . . . . . VI-23 Payment. . . . . . . . . . . . . . . . . . . . . . VI-20 to 23 Uncollectible. . . . . . . . . . . . . . . . . . . VI-28 Petition to Modify Abatement Date (PMA) . . . . . . . . XIII-27 Policy Debt Collection. . . . . . . . . . . . . . . . . . VI-23 Disclosure . . . . . . . . . . . . . . . . . . . . XIV-1

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Procedures

Disclosure . . . . . . . . . . . . . . . . . . . . XIV Migrant Camp Inspections . . . . . . . . . . . . . XI-2 Recordkeeping Forms (OSHA-101 & -200). . . . . . . . . . . . . . XIII-14 Requirements . . . . . . . . . . . . . . . . . . . XIII-14 Records Request of . . . . . . . . . . . . . . . . . . . . XIV-2 Referrals Credit Reporting Bureau. . . . . . . . . . . . . . VI-29 Debt Collection Agency . . . . . . . . . . . . . . VI-29 Solicitor. . . . . . . . . . . . . . . . . . . . . VI-29 Temporary Labor Camps. . . . . . . . . . . . . . . XI-3 Refusal of Entry. . . . . . . . . . . . . . . . . . . . XIII-13 Reporting Fatality/Catastrophe . . . . . . . . . . . . . . . XIII-7 Reports of Reprisal . . . . . . . . . . . . . . . . . . XIII-12 Representatives Authorized . . . . . . . . . . . . . . . . . . . . XIV-8 Employee . . . . . . . . . . . . . . . . . . . . . XIV-8 Employer . . . . . . . . . . . . . . . . . . . . . XIII-4 Reprisal (Report of). . . . . . . . . . . . . . . . . . XIII-12 Retention FOIA Files . . . . . . . . . . . . . . . . . . . . XIV-12 Safety and Health Programs Violations (Federal Agencies). . . . . . . . . . . XIII-11 Security Clearance. . . . . . . . . . . . . . . . . . . XIII-A-2 Solicitor Referrals. . . . . . . . . . . . . . . . . . . . . VI-29 Special Emphasis Programs (SEP) . . . . . . . . . . . . XIII-6 State Plan States (see STP 2.22A) . . . . . . . . . . . XIV-11 Statements Witness. . . . . . . . . . . . . . . . . . . . . . XIV-11 Subpoena Administrative . . . . . . . . . . . . . . . . . . XIII-13 Targeting . . . . . . . . . . . . . . . . . . . . . . . XIII-4 Technical Assistance Request (Federal Agencies). . . . . . . XIII-22 Temporary Labor Camps (see also CPL 2-2.42) . . . . . . XI

OSHA Instruction CPL 2.45B CH-5 March 3, 1995 Office of General Industry Compliance Assistance

Time

Allowed for Payment of Penalties . . . . . . . . . VI-23 Frames for Federal Agency Programs . . . . . . . . XIII-15 Victim Family . . . . . . . . . . . . . . . . . . . . . . XIV-12 FOIA . . . . . . . . . . . . . . . . . . . . . . . XIV-12 Violations Safety and Health Programs . . . . . . . . . . . . XIII-11 Waiver FOIA Fees. . . . . . . . . . . . . . . . . . . . . XIV-12 Warrants. . . . . . . . . . . . . . . . . . . . . . . . XIII-13 Witness Statements. . . . . . . . . . . . . . . . . . . XIV-11