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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.
  1. 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.
     
  2. 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.
  3. 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).
     
  4. Decision by Default.
    In the absence of an appeal, the Initial Decision will become the Final Decision of the Directorate of Training and Education.
     
  5. 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.
  6. 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.
  7. 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.
     
  8. Review of Procedures
    OSHA will monitor the effectiveness and fairness of these procedures and may make modifications as warranted.