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Investigation and Review Procedures
Background
The Outreach Training Program is the Occupational Safety and Health Administration's
(OSHA) voluntary orientation training program aimed at workers. It provides
workers with information about OSHA and provides an overview of job hazards.
Trainers authorized through the OSHA Outreach Training Program must conduct
outreach training classes in accordance with the current Outreach Training
Program Guidelines issued by the Directorate of Training and Education (DTE).
Responsibility
It is the responsibility of all authorized OSHA Outreach Trainers ("Outreach
Trainer") to ensure adherence to the current Outreach Training Program
Guidelines. Failure to comply with current Outreach Training Program Guidelines
may necessitate corrective action by OSHA, up to and including the revocation of
authorized trainer status.
OSHA may take corrective action including probation, suspension, or revocation
of a trainer's authorization to conduct OSHA Outreach Training classes and to
distribute course completion cards to students, for failure to comply with
Outreach Training Program Guidelines.
The OSHA Office of Training and Educational Programs (OETP) will continually
evaluate the manner in which training is provided by authorized OSHA Outreach
Trainers, based upon evaluation and monitoring activity by OSHA (or its
designee), input from OTI Education Centers, complaints received from the
public, and/or any other available information.
The following procedures are to be used to process all complaints or allegations
of failure to comply with Outreach Training Program Guidelines.
- Investigation / Fact Finding
The Director of OETP will review instances in which an authorized Outreach
Trainer may not be in compliance with the current Outreach Training Program
Guidelines, shall collect all available information, and request additional
information from OTI Education Centers or any complaining party. OETP shall
create an investigative file to include all available and relevant material in
the investigation.
If additional information for rendering a decision is needed, the Director of
OETP will contact the OSHA Regional Office for assistance. The OSHA Regional
Office shall assign a staff member ("Investigator") to investigate the complaint(s) or allegation(s) of misconduct by the Outreach Trainer. The
Investigator may contribute to the investigative file to ensure inclusion of
any available and relevant material in the investigation. Once complete, the
Investigator will forward any information collected during the investigation
to the Director of OETP.
The Director of OETP may, at his/her discretion, suspend the issuing of cards,
until the conclusion of its investigation.
- Notification
The Director of OETP shall notify the Outreach Trainer in writing regarding
any allegations of failure to comply with Outreach Training Program
Guidelines.
Allegations. The notification of allegations of failure to comply with
Outreach Training Program Guidelines must name the Outreach Trainer, and
provide a clear and concise description of the facts and circumstances that
constitute the basis for the investigation.
Request for response. The Director of OETP must notify the Outreach
Trainer of the time for responding to the notification, the name and address
of the person with whom the response must be filed, and that a Decision by
Default may be rendered against the Outreach Trainer in the event a response
is not filed.
- Initial Decision
The Director of OETP shall consider all available and relevant material in the
investigative file in addition to any arguments and/or documents submitted by
the Outreach Trainer when rendering the Initial Decision. The Initial Decision
shall be issued to the Outreach Trainer in writing to the last known address
on file with OSHA or its designee.
The Initial Decision shall include a statement of findings and conclusions and
shall notify the Outreach Trainer of the right to appeal the Initial Decision
to the Director of the Directorate of Training and Education (DTE).
- Decision by Default.
In the absence of an appeal, the Initial Decision will become the Final
Decision of the Directorate of Training and Education.
- Notice of Appeal
The Outreach Trainer may file an appeal of the Initial Decision with the
Director of DTE. The appeal must include a brief/statement that includes
specific reasons the Initial Decision should be modified or reversed.
Time and place for filing of appeal. The appeal brief/statement must be
filed with the Director of DTE within fifteen (15) calendar days from the date
the Initial Decision was received by the Outreach Trainer.
- Review on Appeal / Final Decision
On appeal, the Director of OSHA's Directorate of Training and Education (DTE)
shall review and render a Final Decision on any appeal of the Initial
Decision.
Standard of review. If an appeal is received, the Director of DTE may
consult OSHA staff to assist in the review, but shall exercise independent
judgment when rendering the Final Decision.
Decision on review. The Director of the DTE may affirm, modify, or
reverse the Initial Decision or remand it for further investigation.
Notification of Final Decision. The Director of the DTE shall notify
the Outreach Trainer in writing of the Final Decision and that no further
review will be available within the Department of Labor.
- Corrective Action/Effect of Probation, Suspension, or Revocation
Once a Final Decision or a Decision by Default regarding the allegations has
been rendered, the authorized Outreach Trainer may be subject to corrective
actions including, but not limited to, probation, suspension, or revocation of
their Outreach Trainer authorization.
Except in cases of willfulness or those in which public health, interest or
safety requires otherwise, before any suspension, or revocation of a trainer’s
authorization, the trainer will have the opportunity to demonstrate or achieve
compliance with the Outreach Training Program Guidelines through a
probationary period.
Probation
If the Final Decision or the Decision by Default recommends probation, the
Outreach Trainer may continue to offer and teach courses through the Outreach
Training Program and receive course completion cards provided they comply with
the terms of their probation which may include, but are not limited to, the
following:
- notify OSHA in advance of any Outreach Training Program classes they
intend to conduct;
- provide OSHA advance copies of all promotional materials (including hard
copy, electronic, and website) related to their Outreach Training Program
classes; and
- submit any additional course documentation or detailed records as
requested.
Suspension
If the Final Decision or the Decision by Default recommends suspension, the
authorized trainer may not conduct any additional Outreach Training Program
courses during the designated time period. Following the end of the
suspension, the Outreach Trainer will be placed in probationary status and
subject to the requirements noted above.
Revocation
If the Final Decision or the Decision by Default recommends revocation, the
Outreach Trainer is barred from conducting or otherwise offering any courses
under the auspices of the OSHA Outreach Training Program.
- Review of Procedures
OSHA will monitor the effectiveness and fairness of these procedures and may
make modifications as warranted.
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