State plans which operate private sector consultation programs funded under section 21 d are expected to follow the consultation procedures set out in this manual. As a Federal program change, those states need only respond to the changes to compliance policies and procedures, including changes to the recognition and exemption programs.
Changes to the recognition and exemption programs which states are encouraged to incorporate into their programs include, but are not limited to: States may allow a deferral from programmed inspections for no more than 90 days for sites where the employer has requested an initial full-service comprehensive on-site consultation visit and a visit has been scheduled. See Chapter 7, section II. States may assign a lower priority or defer programmed inspections at a site where a consultation visit is considered "in progress," i.
See Chapter 7, section III. Consideration for participation may also be extended to any employer that has at least one year of operating history at the worksite for which SHARP participation is sought, regardless of industry, and to larger employers following the priorities in Chapter 3.
See Chapter 3, sections III. States may use the alternative rate calculation method and override provision for calculating eligibility for participation in SHARP, which will impact both new and renewal SHARP sites.
See Chapter 8, section II. States operating 23 g Consultation Programs. As set out in 29 CFR Part , State plans operating private sector consultation programs funded under Section 23 g must maintain consultation programs which are at least as effective as the provisions for 21 d consultation programs in this manual.
States operating 23 g consultation programs must adopt revisions to their consultation procedures at least as effective as the following revisions in this manual. In addition, these States must adopt changes to compliance policies and procedures at least as effective as those set out in this manual, including changes to the recognition and exemption programs, as discussed in section A, above. Size Limitations. States with private sector consultation programs under section 23 g should consider offering consultation services to larger employers, including franchise operations, as resources allow.
States with private sector consultation programs funded under section 23 g are encouraged to use the Form 33 to assess the employer's safety and health management system. See Chapter 4, section II. Public Sector Consultation Programs. Although public sector consultation programs are not funded under section 21 d or directly subject to the requirements of 29 CFR Part , States are encouraged to adopt revisions to their public sector consultation procedures comparable to the revisions in the 21 d consultation program as established in this manual, to the extent feasible.
State public sector programs must also follow all revised IMIS coding instructions set out in this manual. States may, but are not required to, establish a recognition and exemption program for the public sector.
Submission Requirements. States are required to notify OSHA within 60 days of the issuing of this Instruction whether they intend to adopt policies and procedures identical to those in this Instruction or different, at least as effective, policies and procedures. State policies and procedures must be adopted within 6 months of the issuing of this Instruction. States must provide documentation of adoption of identical policies and procedures such as a cover sheet or notice to staff or a plan change supplement documenting different policies and procedures within 60 days of adoption.
The plan change supplement should note the differences from the comparable Federal provisions. The State also must either post its different policies and procedures on its State plan website and provide the link to OSHA or provide information on how a copy may be obtained. General Requirements. Section 21 d of the Act and 29 CFR Part established requirements for State consultation and enforcement programs which remain in effect.
Recognition and Exemption Programs. All State programs regardless of the source of funding must offer, as part of their State plan, a recognition and exemption program to private sector employers at least as effective as the Federal recognition and exemption program set out in Chapter 8 of this manual. States may not grant exemptions from State plan inspections based on consultation activities that do not meet the requirements of Part or an at least as effective alternative.
Enforcement Policies. Significant Changes. Each of the Chapters previously changed through Notices has been substantially or completely included in this Revision to the Consultation Policies and Procedures Manual. Action Information. Directorate of Cooperative and State Programs.
OSBA is responsible for establishing the policies and procedures that govern the operation, monitoring, and evaluation of the Consultation Program. Directorate of Enforcement Programs.
The Directorate of Enforcement Programs DEP is responsible for the nationwide enforcement of occupational safety and health standards.
DEP is responsible for developing the annual programmed inspection schedule, inspection priorities and selection criteria, and responding to complaints, fatalities and catastrophes. Directorate of Information Technology. Directorate of Administrative Programs. The Directorate of Administrative Programs DAP , through the Office of Financial Management, Division of Grants Management, is responsible for the day-to-day financial management of the Consultation Program and the preparation of the annual instructions for the cooperative agreements and amendments.
The Division of Grants Management also conducts an annual financial review of all agreement applications. Regional Offices. The Regions provide technical assistance and communicate Federal program direction to the State.
The Regions are also responsible for maintaining communication between themselves and the Consultation Projects in their Region. Communication is an essential component of the Federal-State relationship. The OSH Act. The Occupational Safety and Health Act of The written plan, developed by the consultant and approved by the Consultation Project Manager, outlining the necessary achievements and time frames required for the employer to achieve SHARP status.
The Action Plan is implemented by the employer. Compliance Assistance Authorization Act. Compliance Officer. A state employee who provides consultation services under a 21 d Cooperative Agreement. All activities that may be provided to employers under the jurisdiction of a consultation cooperative agreement. Consultation Project Manager.
The person who directs the day-to-day activity of a Consultation Project. Cooperative Agreement. The State official designated by the Governor to be responsible for oversight of a Cooperative Agreement. Planned and organized activity by a consultant to convey to employers and employees information that would enable them to establish and maintain safe and healthful working conditions at their workplace. A person employed at a worksite whose employer has requested consultation services and whose business affects interstate commerce.
Employee representative. The authorized representative of employees at a site where there is a recognized labor organization representing employees. A person engaged in a commercial business with employees. Hazard correction. The elimination or control of a workplace hazard in accordance with the requirements of applicable Federal or State statutes, regulations or standards. Hazard Survey.
Within the scope of the visit, the collection of information on hazards, observation of work processes, methods, procedures, employee activities, employee interviews, and advice on hazard control or elimination as appropriate. High-hazard business or operation. A business or operation on OSHA's high hazard list; a supplemental high-hazard list approved by the Directorate of Cooperative and State Programs; or any national, state, or local emphasis program list. Imminent danger. Any conditions or practices in a place of employment which are such that a danger exists that could reasonably be expected to cause death or serious physical harm, either immediately or before the danger can be eliminated through the procedures set forth in Consultation assistance provided away from an employer's worksite.
This includes technical advice provided through telephone conversations and correspondence including e-mail , speeches and presentations to stakeholders, off-site technical training, and targeted mailings. List of Hazards Serious. The List of Hazards Serious consists of all serious hazards identified by the consultant and their correction due dates as agreed upon by the employer and the consultant.
The List of Hazards is the official document that must be posted by the employer. List of Hazards Serious and Other-than-Serious. On-site Consultation. The process of walking through an employer's worksite, identifying hazards, providing correction assistance, and helping to develop or improve the employer's occupational safety and health management system. It includes a written report to the employer on the findings and recommendations resulting from the visit.
It may include training and education needed to address hazards or potential hazards at the worksite. Other-than-serious hazard. Any condition or practice which would be classified as an other-than-serious violation of applicable Federal or State statutes, regulations or standards, based on criteria contained in the current OSHA field instructions or approved State Plan counterpart.
Program assessment. Refers to a consultant's review of an employer's existing safety and health management program. This review identifies elements considered adequate and elements that need development or improvement. Program assistance.
Refers to the consultant's recommendations for developing or improving program elements. Programmed inspection. OSHA worksite inspections whose scheduling are based upon objective or neutral criteria. Programmed inspection schedule. The set of criteria by which OSHA determines which sites to inspect in a given year. The worksites are selected according to national scheduling plans for safety and for health or special emphasis programs.
Recognition and exemption program. A Consultation Program for recognizing the achievement of a small employer who operates, at a particular worksite, an exemplary safety and health management system that results in the immediate and long-term prevention of job-related injuries and illnesses.
Safety and health management system. Refers to a comprehensive, employer-provided, site-specific system to protect employee safety and health, as outlined in the "Safety and Health Program Management Guidelines" FR Scope of Visit. There are two visit scopes: Full-service visit. Limited-service visit. A less comprehensive safety and health hazard assessment than that provided by a Full-service visit.
An On-site Consultation visit that provides a focused assessment of a particular work process or type of hazard or a focused assessment that is conducted of only one discipline, safety or health.
Serious hazard. Any condition or practice which would be classified as a serious violation of applicable Federal or State statutes, regulations or standards, based on criteria contained in the current OSHA field instructions or approved State Plan counterpart, except that the element of employer knowledge may not be considered.
Small business. For the purposes of the Consultation Program, a small business is defined as an employer having fewer than employees at a fixed worksite and no more than employees corporation-wide.
Word processing files for entry of hazard information, which are customized by the user in preparing a written report to the employer. Each STEP describes an unsafe condition s covered by a standard s , the potential effect on employees of that condition s , the standard s referenced, and the recommended corrective action s.
A rate that represents the total non-fatal injuries and illnesses per full-time employees for a given period of time usually 1 to 3 years. The planned and organized activity of a consultant to transfer skills, techniques, and methodologies to employers and their employees that will assist them in establishing and maintaining safe and healthful workplace conditions. Willful violation. Visits can be classified as follows: Initial Visit. This form provides general information to help make an informed decision about being vaccinated against COVID As we enter flu season and continue dealing with the COVID pandemic, make sure your facility is up to date with the policies that will keep your staff and residents healthy through the holidays.
Updated in April , t he newest update features a wide variety of revisions and several new policies. Updated in July , this manual has been designed and written to provide a comprehensive operational template for new and existing hospice agencies..
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