July 27, 2012

To assure that our cooperative programs are consistent and of high quality, the Occupational Safety and Health Administration (OSHA) is identifying measures to strengthen OSHA's Strategic Partnership Program (OSPP).  This memorandum establishes enforcement related changes for improving the administration of the OSPP.  

OSHA implemented the OSPP in 1998 with the issuance of OSHA Instruction CSP 03-02-001, OSHA Strategic Partnerships for Worker Safety and Health, effective November 13, 1998; OSHA's Directive on OSPP. The original OSPP Directive defined an OSHA Strategic Partnership (OSP), outlined the required elements to be included in an OSP, and provided an explanation of the Agency's definition of resource leveraging to achieve common goals and incentives available for OSPP participants.

In February 2005, OSHA Instruction CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health, effective February 10, 2005 was issued. This Directive reaffirmed the non-enforcement and enforcement incentives available in an OSP and provided allowances for additional enforcement incentives.

Non-enforcement incentives offered to OSPP partners include outreach, training, and technical assistance activities provided by OSHA based on the needs of the OSP. Prior to the 2005 OSPP Directive, the enforcement incentives included programmed inspections that focused on the most serious hazards as well as those incentives already provided to all employers subject to inspection in accordance with OSHA's Field Operations Manual (FOM). The 2005 OSPP Directive also added two new enforcement incentives: a six month deferral and/or a twelve month deletion from routine programmed inspections. The new incentives permitted OSHA to consider providing deferral and/or deletion from OSHA programmed inspection activities for partnering employers who demonstrated an effective safety and health management program. Programmed inspection deferrals and deletions, however, were and continue to be available to active participants in OSHA's Voluntary Protection Programs (VPP) and the On-site Consultation Program's Safety and Health Achievement Recognition Program (SHARP) who have undergone a rigorous onsite evaluation, as well as application process. CSP 03-02-002, Section XIV.B. describes the enforcement incentives available to partnering employers in both construction worksites and general industry facilities. The OSPP Directive does not identify use of the Phone and Fax process as an OSPP benefit; however, some OSP agreements identify the Phone & Fax process as an additional element.

Effective immediately:

• New or renewed OSPs will no longer include any programmed inspection deferral or deletion provision outside the scope of those provided to an employer through OSHA's Site-Specific Targeting directive (SST-11, September 9, 2011). Only active VPP or SHARP worksites are eligible for this incentive.
• New or renewed OSPs will not allow the use of OSHA's Phone & Fax procedures beyond the scope of those permitted in the FOMⁱ.
• For construction worksites, OSHA's "focused inspection" policy remains in effect (see 1994 memo signed by then Deputy Assistant Secretary James Stanley).
• For non-construction worksites, OSHA will no longer offer a limited scope inspection to an establishment operated by an OSPP participating employer. However, a national OSP agreement that includes worker participation may include a limited scope inspection where it can be clearly demonstrated to result in a more effective partnership. Therefore, any such national partnership agreement for non-construction worksites that contains a provision for a limited scope inspection must be approved by the Assistant Secretary in advance of the OSP agreement's development. OSHA will continue to honor all existing OSPs which contain a deferral, deletion, and/or Phone & Fax provision for the current term of the OSP agreement. The provision(s) may not be included if the OSP is extended, revised, or modified beyond that date.

As noted above, for new or renewed OSPs, exemptions or deferrals from programmed inspections will not be provided under the OSPP. Only active VPP or SHARP worksites are eligible for this incentive.

The Directorate of Enforcement Programs will revise the FOM to reflect these changes. OSHA Instruction CSP-03-020-002, OSHA Strategic Partnership Program for Worker Safety and Health will also be revised to reflect all changes included in this memorandum. For questions, please contact the Office of Partnerships and Recognition at (202) 693-2213.