FY 2002 Annual Performance Plan

4.3 DOL Strategic Goal 3—Quality Workplaces

This strategic goal is aimed at guaranteeing every working American a safe and healthful workplace with equal opportunity for all. The DOL Women’s Bureau will support the balance of work and family life by researching the benefits and use of compensatory time. Also, the Department is committed to raising core international labor standards and improving the working conditions of children throughout the world.

Department of Labor programs and agencies with the primary operational responsibility for achieving this strategic goal include the Employment Standards Administration’s Office of Federal Contract Compliance Programs, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, the Bureau of International Labor Affairs, and the Office of the Assistant Secretary for Administration and Management. In addition, the Office of the Solicitor, the Women’s Bureau, the new Office on Disability Employment Policy, and the Office of the Inspector General provide indirect support to this strategic goal.

The FY 2002 outcome and performance goals for this strategic goal follow. Detailed information on every performance goal, including indicator, data source, baseline and explanatory comments, can be found in Appendix A.

Means and Strategies

Operating Agencies: OSHA, MSHA

Sustained Efforts in FY 2002:

• DOL will refocus MSHA’s regulatory philosophy and practice to place additional emphasis on accident prevention and expand existing outreach efforts in the mining community shifting the emphasis of regulatory programs from after-the-fact enforcement to education and training and accident prevention activities, focusing attention on root causes of persistent safety problems and helping mine workers and operators address these problems by working proactively and sharing best practices information. (3.1A–B)

• DOL will direct informational outreach programs to occupations with a high incidence of exposures to airborne contaminants and physical agents, with particular attention to dust and noise. Focus attention on areas where sampling indicates excessive dust and noise levels and work with operators who are having high exposure problems. (3.1A–B)

• DOL will expand the State Grants Program to increase the number of states participating. DOL will continue working cooperatively with the mining industry, labor, and the States to improve training programs aimed at preventing accidents and occupationally-caused illnesses. (3.1A–B)

• DOL will continue to target significant types of workplace injuries and illnesses (silica and lead exposure severity and amputations) and industries characterized by high-hazard workplaces (the shipyard, food-processing, nursing home, logging and construction industries) in line with its Strategic Plan. OSHA will target these industries through its worksite targeting program, notifying over 13,000 employers with high injury and illness rates and providing an opportunity for compliance assistance through the agency’s Consultation Program. Local partnership agreements will be established. (3.1C–F)

• DOL will continue to utilize a variety of compliance assistance, outreach and cooperative approaches to achieve reductions in injury and illness rates and to reach small businesses and targeted audiences. Approaches include the Consultation and Voluntary Protection Programs, electronic software systems, web-based training, Susan Harwood Training Grants, local partnership agreements, and field compliance assistance. These efforts will be linked to the hazards and industries targeted by OSHA’s performance goals in a coordinated, complementary manner. OSHA’s State Consultation providers will be encouraged to target high-priority areas while serving the unique needs of employers—particularly small employers in their states. The Voluntary Protection Programs—which involved 536 worksites in FY 2000—will identify worksites in the industries and hazards covered by the Plan; partnership agreements will be processed in these areas as well. Susan Harwood training grants will reach out to hard-to-reach workers and small business establishments, providing training and assistance in targeted industries and hazards. (3.1C–E)

• DOL will continue to work with its State plan partners to support the implementation of individual State strategic and annual performance plans which align with OSHA’s approach under GPRA. The State strategic and annual performance plans all target reductions in exposures and injuries, illnesses and fatalities, tailored to each State’s individual priorities. For example, Nevada targets manufacturing, construction, and hotels/casinos; Michigan targets metal forging and stamping, fabricated structural metal products, and meat products; and Alaska is targeting logging and seafood processing. (3.1C–D, F)

Significant New or Enhanced Efforts in FY 2002:

• Currently, DOL’s resources devoted to metal and nonmetal mining operations have been outstripped by the rapid growth of the metal and nonmetal mining sector. DOL will expand MSHA’s existing outreach efforts in metal and nonmetal mining to provide crucial assistance to operators and miners in identifying hazards and understanding the requirements for compliance. (3.1 A-B)

• To meet the academic and technological challenges of the 21^st Century, DOL will implement state-of-the-art teaching methodologies, including flexible training, use of automated distributed learning programs via Internet, use of CD and DVD programs at mine sites that provide self-paced interactive programs with enhanced visual capabilities, tailored to accommodate the mining industry. High quality education and training is becoming ever more critical in light of recent increased demand for energy and minerals and a shortage of qualified miners to meet that demand. Investments in training for mine workers now should pay dividends many times over to reduce fatalities, injuries and illnesses. (3.1 A-B)

• OSHA will continue to expand and refine its compliance assistance and outreach efforts:
  • In recent years, OSHA has developed a number of compliance assistance tools to assist employers, workers and their representatives in complying with the requirements of the OSH Act. These include expert systems—interactive, decision-logic products that help users determine what requirements apply to them or what actions they need to take to address hazardous conditions in their workplaces. In addition, OSHA's electronic compliance assistance tools) are graphic programs that provide extensive information on a variety of safety and health issues. OSHA is combining these complementary technologies to produce new products that will provide the public with more comprehensive and effective compliance assistance tools. Several topics have already been chosen to test this integrated approach in FY 2001. (3.1C–F)
  • During FY 2000, OSHA began to develop a comprehensive Compliance Assistance Plan. This Plan will serve as the framework for providing consistent, Agency-wide compliance assistance and outreach through FY 2002. It will also provide for expert advice, guidance, and training on OSHA regulations and programs. Compliance assistance specialists in OSHA Federal jurisdiction area offices will prepare local compliance assistance plans and provide outreach, training and education, and information to employers (in particular small business employers), local labor affiliates and other stakeholders. (3.1C–F)
  • OSHA’s Office of Training and Education (OTE) is in the process of relocating to a larger, more modern facility that will allow it to expand compliance assistance efforts through increased training capabilities and technology enhancements. In addition to providing the information technology and infrastructure needed to support new program initiatives such as Technology Enabled Training, the new facility will include a construction laboratory, improved safety and health laboratories, and distance learning and multi-media capabilities. In particular, addition of the construction laboratory will provide a hands-on, specialized training facility to cover such topics as fall arrest, welding, cranes, rigging and scaffolding, excavation and training. (3.1C–F)
  • OSHA plans to use distance learning technology to provide training and education assistance to employees and employers rather than relying solely on traditional methodologies. For example, OSHA’s OTE plans to provide nationwide satellite broadcasts for small businesses on all new OSHA rules and regulations. Web-based courses will be developed and offered, and all course materials will be placed on the Intranet for use by the Agency’s compliance assistance specialists in the delivery of safety and health information to the public. (3.1C–F)

Cross-Cutting Programs and Issues

Within the Department, OSHA, MSHA, BLS, and ESA work together to accomplish performance goals for reducing workplace injuries, illnesses, and fatalities. OSHA and BLS collaborate to ensure that workplace injuries, illnesses and fatalities are accurately reported. Collaborative efforts to ensure consistency in regulatory actions that affect workers in both OSHA and MSHA jurisdictions are ongoing.

OSHA and ESA coordinate to help ensure that teens have safe and positive work experiences through a strategy of combining increased education, strong partnerships, heightened public awareness, and enhanced enforcement.

MSHA and OSHA work closely with the National Institute for Occupational Safety and Health (NIOSH), which is responsible for conducting research on occupational safety and health issues. One of the disadvantages that both agencies face as they seek to reduce the risk of occupational illness is a lack of good, solid data that ties specific illnesses to specific workplace conditions. This year, NIOSH will launch an occupational exposure survey to find out more about workplace hazards, exposures and controls in industries covered by both MSHA and OSHA. The new survey will cover both more industries and more issues than the surveys NIOSH conducted in the 1970's and 1980's.

NIOSH is also assisting in MSHA's pilot "Miners' Choice Health Screening" chest x-ray program to determine the extent of black lung disease in the Nation. NIOSH is coordinating the readings and notifies the miner—a voluntary participant; MSHA is only given the statistical information. DOL will use the information acquired from this pilot to determine the extent of the problem, where the problems exist, and how to best focus resources to address black lung disease in the Nation.

To help the Department meet its performance goal of reducing illnesses due to silica exposure and other workplace-related diseases, MSHA and NIOSH have developed working relationships in several areas, including respirator performance, explosives research, and medical research. As an example, a successful joint program was launched by MSHA, OSHA, and NIOSH, in partnership with the American Lung Association, to heighten the focus on compliance assistance and enforcement initiatives across all occupations where overexposure to silica must be reduced.

OSHA is coordinating with the Federal Highway Administration and others to help identify and remove potential risks to road construction workers, who are exposed to safety and health hazards which often lead to serious physical harm and death. Roadway workers face hazards from crane use, trench activities, falls from heights, lead exposure and silica exposure; the majority of fatalities involve workers struck by motorists and construction vehicles. Road construction zones nationwide are estimated to increase by 66% over the next six years. OSHA has also coordinated with the Centers for Disease Control (CDC) to issue a Hazard Information Bulletin regarding Lyme disease that includes the present state of knowledge regarding the disease and preventive measures for decreasing the risk of Lyme disease transmission.

Realizing the need to reach out to the small business community, OSHA is working with the SBA, and in particular with the SBA’s Office of Advocacy. OSHA has developed a strong working relationship with the Advocate in Washington, D.C., and is partnering with the Regional Advocates network to conduct Small Business Forums in each region. OSHA is developing a small business guide on amputations that will identify the major types of equipment that cause amputations in various industries and provide abatement strategies. OSHA offers many resources designed specifically for smaller employers. The Agency wants to encourage small businesses to establish safety and health programs and find and fix hazards to prevent workplace injuries and illnesses. OSHA’s Web Page for small businesses provides one-stop shopping for the most popular materials for small businesses – from free on-site consultation, to interactive computer software, to technical information and easy-to-follow guides for specific OSHA standards. It also includes links to local OSHA offices and to the Small Business Administration. OSHA also conducted a pilot project with the Association of Small Business Development Centers to award Susan Harwood Training Program grants to several Small Business Development Centers. The grant funds are used to develop educational materials on safety and health issues that target specific small business industries and to conduct training and outreach to those industries.

Several other Federal Government agencies have safety and health responsibilities which overlap those of OSHA, MSHA and ESA, including the U.S. Coast Guard (for protection of workers in industries dealing with water safety), the Federal Aviation Administration and the Federal Railroad Administration, the Department of Energy and the Nuclear Regulatory Commission, and the Bureau of Alcohol, Tobacco and Firearms.

In recent years, OSHA has also participated in efforts to expand the Voluntary Protection Program in Federal agencies. In addition to the Department of the Interior’s National Park Service, three other Federal sites are participating in the VPP. With regard to broader safety and health efforts in Federal agencies, OSHA and ESA are working together to reduce workplace injuries and illnesses in Federal agencies, reduce the average duration of time away from work due to work injuries and speed return to work.

Means and Strategies

Operating Agencies: ESA, OASAM

Sustained Efforts in FY 2002:

• DOL will expand its compliance assistance plan and efforts and continue its fair and balanced enforcement program with the tiered compliance evaluation strategy. Each contractor and subcontractor selected for evaluation will receive compliance assistance after the action is scheduled. In addition, targeted contractors and subcontractors will receive compliance assistance outside the evaluation process. (3.2A)

• DOL will continue to conduct compliance evaluations and complaint investigations under all DOL authorities, including Executive Order 11246, Section 503 of the Rehabilitation Act and 38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA). In this manner, DOL will enhance its compliance evaluations for supply and service contractors and subcontractors, individuals with disabilities, and special and disabled veterans. (3.2A)

• DOL will utilize performance measurements and indicators to enable it to focus compliance and technical assistance efforts to meet the goal established in FY 2002. DOL/OFCCP’s Strategic Formulation Team and Executive staff will monitor program efforts. (3.2A)

• DOL will continue to utilize data submitted by Federal contractors on personnel activity and other required reports. Electronic submission of data is offered as a way to reduce contractor burden, and efforts will continue to facilitate this process. Preparation and submission of this data advances self-audits by Federal contractors. Additionally, electronic analysis of contractor-submitted data expedites the entire DOL/OFCCP evaluation process, thereby increasing the efficiency and effectiveness of the compliance assistance, outreach, and technical assistance programs. (3.2A)

• DOL will continue promotion of industry best practices in EEO and anti-discrimination programs by acknowledging employer efforts with the Exemplary Voluntary Efforts Award, the Secretary's Opportunity Award, the Exemplary Public Interest Contribution Award, and the Outstanding Partnership and Liaison Award. (3.2A)

• DOL will enhance customer service through interactive and personal public education and compliance assistance training for federal contractor and partnership groups. (3.2A)

• DOL will continue to disseminate model employer recruitment practices and will assist contractors in identifying resources for recruiting qualified individuals with disabilities, protected veterans, women, and minorities. Such resources may include, but not be limited to, the nationwide network of One-Stop Centers established by the Workforce Investment Act. (3.2A)

• DOL will continue regional outreach, education and compliance assistance to Federal contractors and subcontractors on nondiscrimination and equal employment opportunity. (3.2A)

• DOL will continue promoting voluntary compliance through the review of MOA’s submitted by States in accordance with 29 CFR Part 37 implementing the nondiscrimination provisions of section 188 of the WIA and national programs’ procedures. (3.2B)

• DOL will continue conducting follow-up reviews for any entities found in non-compliance during the program year to ensure that voluntary compliance is achieved and avoid the need to institute enforcement action by DOL. (3.2B)

• DOL will continue its education and outreach efforts to increase access for all persons with disabilities who are seeking services funded under the Workforce Investment Act (WIA), including guidance to ensure access to federally funded programs for persons of Limited English Proficiency. (3.2B)

Significant New or Enhanced Efforts in FY 2002:

• DOL will examine new methods for increased utilization of technology to enhance program quality, availability and interaction with the Federal contractor community, i.e., Web sites with sample contractor data for self-audits. (3.2A)

• DOL will development an instrument for assessing accessibility to persons with disabilities. During FY2003, this instrument will be used to assess the baseline level of accessibility at targeted One Stop Centers, and then to assess the effectiveness of efforts to improved accessibility through targeted compliance assistance. There will be a close working relationship with the state agencies in developing the assessment tool, and in developing approaches to improve accessibility at One Stop Centers.

Cross-Cutting Programs and Issues

Outside the Department, DOL/OFCCP’s Memorandum of Understanding (MOU) with the Department of Justice’s (DOJ) Office of Special Counsel provides for referral of complaints involving national origin discrimination, information sharing, and coordinated public outreach efforts. An MOU with DOJ’s Immigration and Naturalization Service (INS) allows for prompt referral to INS of all suspected violations concerning employment of unauthorized workers. DOL/OFCCP’s MOU with the Equal Employment Opportunity Commission (EEOC) provides procedures for the coordinated collection, sharing, and analysis of data regarding individual or class complaints of discrimination on the basis of race, gender, national origin, or disability status, and for coordinated complaint processing procedures.

Similar to OFCCP, OASAM’s Civil Rights Center works closely with DOL agencies and other Federal agencies such as Justice, EEOC, HHS, and the U.S. Commission on Civil Rights to ensure equal opportunity compliance. In addition, the Civil Rights Center has membership on the Council of Federal Sector EEO and Civil Rights Directors, as well as ongoing relationships with the National Association of State Workforce Agencies, the National Association of Cities and Counties, and the Interstate Association of Personnel in Employment Security, to enhance its enforcement and civil rights compliance efforts.

Means and Strategies

Operating Agencies: ILAB

Sustained Efforts in FY 2002:

• Through the ILO’s International Program on the Elimination of Child Labor (IPEC), DOL will continue to provide support for innovative projects, including national programs to eliminate the worst forms of child labor within a clearly defined time frame (e.g. 5 to 10 years). DOL funding will also continue to support activities that improve statistical development and monitoring of child labor trends; enable more countries to participate in IPEC; and educate the public and policy makers about child labor. DOL activities will reinforce the ILO’s campaign to prioritize action against the worst forms of child exploitation. (3.3A)

• DOL will continue providing support through its Education Initiative to projects that increase access to basic education in areas with a high incidence of child labor. The Education Initiative is designed to complement and strengthen DOL’s international child labor elimination efforts. (3.3A)

• DOL will continue to conduct research and publish reports dealing with child labor exploitation and techniques for reducing its incidence around the world in order to educate the public and policy makers. (3.3A)

• DOL will support increased supervision and implementation of core labor standards by the International Labor Organization, including implementation by the ILO of a convention on the Worst Forms of Child Labor and declaration and follow up mechanism to enhance the ability of the ILO to encourage member States to implement the core labor standards which are inherent in ILO membership. (3.3A–B)

• DOL will continue to strengthen the development and implementation of performance monitoring criteria in ILAB’s awards of grants and contracts. Recipients of grants and contracts will be held to rigorous performance standards in terms of their contribution to ILAB's outcome goals and indicators. (3.3A–B)

Significant New or Enhanced Efforts in FY 2002:

• DOL will support ongoing and new IPEC programs to address child labor. This includes support for regional efforts to address child labor, especially its worst forms, as well as comprehensive national programs to eliminate the worst forms of child labor in a specific time frame. In order to measure progress in reducing child labor exploitation better, DOL will step-up its support of IPEC’s Statistical Information and Monitoring Program on Child Labor (SIMPOC). SIMPOC is involved in collecting comprehensive and reliable quantitative and qualitative statistical data on child labor in approximately 40 countries. SIMPOC aims to establish the first-ever international data bank on child labor information. This will allow the ILO and IPEC countries to measure progress made in program implementation—with the ultimate goal of eliminating exploitative child labor. (3.3A)

• With additional funding in FY2002 for the Education Initiative, DOL will significantly ramp up efforts to provide child laborers and at risk children with access to basic education. (3.3A)

• DOL will promote appropriate consideration of core labor standards in each bilateral or multilateral trade agreement negotiated by the United States. (3.3B)

• DOL will identify needs and establish programs for technical assistance, as appropriate, to promote core labor standards in countries that benefit from U.S. trade preference programs. (3.3B)

• DOL will continue to work with the ILO to develop programs that help countries meet the commitment embodied in the June 1998 Declaration of Fundamental Principles and Rights at Work, and utilizing DOL expertise housed in its agencies, strengthen the capacity of Labor Ministries to improve economic opportunity and income security for workers. (3.3B)

Cross-Cutting Programs and Issues

DOL works closely with the Department of State, as well as the Agency for International Development (USAID), the U.S. Trade Representative, and the Departments of Commerce, Treasury, and Education, to encourage countries to improve the implementation of core labor standards.

The Department takes an integrated approach to advancing the international commitment to core labor standards, including child labor standards, with activities and resources coordinated by ILAB and supported by ETA, OSHA, BLS, Women’s Bureau, and SOL. By providing labor standards assistance to our trading partners and thereby “leveling up” global working conditions, DOL will not only support achievement of its international goals, but will promote its goals of providing a secure workforce and quality workplace in this country.

On child labor issues, DOL works closely with the ILO’s International Program on the Elimination of Child Labor (IPEC) to develop regional, country, and sector specific projects to reduce the incidence of abusive child labor and develop educational opportunities for children. In the development of certain projects, DOL works with U.S. and foreign industry and labor representatives and non-governmental organizations to ensure that programs are effective and credible.

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