Further Improvements to VPP - 11/9/09
November, 9 2009
MEMORANDUM FOR: |
REGIONAL ADMINISTRATORS
DIRECTORATES AND FREE STANDING OFFICES |
FROM: |
Jordan Barab
Acting Assistant Secretary |
SUBJECT: |
VPP Policy Memorandum #2: Further Improvements to the Voluntary Protection
Programs (VPP) |
This memorandum which supplements my August 3, 2009
memorandum -- "Improving the Administration of the Voluntary Protection Programs
(VPP)" -- delineates additional actions you will implement in OSHA's continuing
efforts to improve its administration of VPP. The following instructions clarify
issues and procedures related to the VPP onsite evaluation teams' conduct of
onsite evaluations and the phase-out of a VPP pilot, the Modified Application
Process (MAP). Unless otherwise noted, these instructions are effective
immediately.
- Modified Application Process (MAP)
The MAP is being phased out. No further VPP applications using the MAP will be
accepted. If you have received a MAP application, you may continue its
processing so long as you can complete the VPP onsite evaluation by December
31, 2009. If an onsite evaluation for a MAP applicant cannot be completed by
December 31, 2009, the Region must return the application to the applicant and
request that the applicant submit a new application using the standard VPP
application format.
- Medical Access Orders (MAO)
- Timeframe for Submitting an MAO Request. VPP Team Leaders are to submit
their MAO request at least three (3) weeks prior to a scheduled onsite
evaluation. Please do not submit requests more than five weeks in advance
because information may change.
- 15-Day Posting Requirement. The Directorate of Technical Support and
Emergency Management (DTSEM) has advised that the current VPP Policies and
Procedures Manual requirement - that facilities must post the approved MAO
and cover letter for at least 15 working days prior to a VPP onsite
evaluation – is a misinterpretation of federal regulation. "Access to
employee exposure and medical records," 29 CFR 1910.1020, provides in part:
(e)(3)(ii) Whenever OSHA seeks access to personally identifiable employee
medical information by presenting to the employer a written access order
pursuant to 29 CFR 1913.10(d), the employer shall prominently post a copy of
the written access order and its accompanying cover letter for at least
fifteen (15) working days.
The VPP requirement is therefore modified to be consistent with the Code of
Federal Regulations.
- Union Notification. Regions are reminded to follow the "Rules of agency
practice and procedure concerning OSHA access to employee medical records"
(29 CFR 1913.10), including:
(e)(1) The Principal OSHA Investigator, or someone under his or her
supervision, shall present at least two (2) copies each of the written
access order and an accompanying cover letter to the employer prior to
examining or obtaining medical information subject to a written access
order. At least one copy of the written access order shall not identify
specific employees by direct personal identifier. The accompanying cover
letter shall summarize the requirements of this section and indicate that
questions or objections concerning the written access order may be directed
to the Principal OSHA Investigator or to the OSHA Medical Records Officer.
(e)(2) The Principal OSHA investigator shall promptly present a copy of the
written access order (which does not identify specific employees by direct
personal identifier) and its accompanying cover letter to each collective
bargaining agent representing employees whose medical records are subject to
the written access order.
The VPP Policies and Procedures Manual will be revised to
reflect all changes included in this memorandum. If you have any comments or
questions, please contact the Directorate of Cooperative and State Programs,
Office of Partnerships and Recognition.