[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Proposed Rules]
[Page 54064-54069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se10-27]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1908
[Docket No. OSHA-2010-0010]
RIN 1218-AC32
Consultation Agreements: Proposed Changes to Consultation
Procedures
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule.
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SUMMARY: OSHA is proposing to revise its regulations for the federally-
funded On-site Consultation Program to: Clarify the ability of the
Assistant Secretary to define sites which would receive inspections
regardless of Safety and Health Achievement and Recognition Program
(SHARP) exemption status; allow Compliance Safety and Health Officers
to proceed with enforcement visits resulting from referrals at sites
undergoing Consultation visits and at sites that have been awarded
SHARP status; and, limit the deletion period from OSHA's programmed
inspection schedule for those employers participating in the SHARP
program.
DATES: Written comments must be submitted on or before November 2,
2010.
ADDRESSES: Written comments: You may submit comments, identified by
docket number OSHA-2010-0010, or regulatory information number (RIN)
1218-AC32, by any of the following methods:
Electronically: You may submit comments, and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions on-line for making
electronic submissions;
Fax: If your submission, including attachments, does not exceed 10
pages,you may fax them to the OSHA Docket Office at (202) 693-1648; or
Mail, hand delivery, express mail, messenger or courier service:
You must submit your comments, and attachments to the OSHA Docket
Office, Docket Number OSHA-2010-0010, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2350 (OSHA's TTY number is (877) 889-5627). Deliveries (hand,
express mail, messenger and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m.-4:45 p.m., e.t.
Instructions for submitting comments: All submissions must include
the docket number (Docket No. OSHA-2010-0010) or the RIN number (RIN
1218-AC32) for this rulemaking. Because of security-related procedures,
submission by regular mail may result in significant delay. Please
contact the OSHA Docket Office for information about security
procedures for making submissions by hand delivery, express delivery
and messenger or courier service.
All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as social security numbers
and birthdates. For further information on submitting comments, plus
additional information on the rulemaking process, see the "Public
Participation" heading in the SUPPLEMENTARY INFORMATION section of
this notice.
Docket: To read or download submissions in response to this Federal
Register notice, go to docket number OSHA-2010-0010, at http://www.regulations.gov.
All submissions are listed in the http://www.regulations.gov index,
however some information (e.g., copyrighted material) is not publicly
available to read or download through that Web page.
All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document as well as news releases
and other relevant information, is available at OSHA's Web page at
http://www.osha.gov.
FOR FURTHER INFORMATION CONTACT: For press inquiries: MaryAnn Garrahan,
Acting Director, OSHA, Office of Communications, Room N-3647, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-1999. For general and technical information:
Steven F. Witt, Director, OSHA Directorate of Cooperative and State
Programs, Room N-3700, U.S. Department of Labor 200 Constitution
Avenue, NW., Washington DC 20210; telephone: (202) 693-2200.
SUPPLEMENTARY INFORMATION:
I. Background: The OSHA On-Site Consultation Program
The Occupational Safety and Health Administration (OSHA), through
cooperative agreements with agencies in 48 states, the District of
Columbia and several U.S. territories, administers and provides Federal
funding for the On-site Consultation Program. In the states of Kentucky
and Washington, and in the Commonwealth of Puerto Rico, on-site
consultation services are provided to employers in the private sector
as part of an OSHA-approved state plan funded by Federal grants under
section 23(g) of the Occupational Safety and Health (OSH) Act. The On-
site Consultation Program provides well-trained professional safety and
health personnel, at no cost and upon request of an employer, to
conduct worksite visits to identify occupational hazards and provide
advice on compliance with OSHA regulations and standards. Priority in
providing on-site consultation visits is accorded to smaller employers
in more hazardous industries.
The On-site Consultation Program was first authorized by
Congressional appropriations action in 1974. On July 16, 1998, The On-
site Consultation Program was codified as a new subsection of 21(d) of
the Occupational Safety and Health Act with the enactment of the
Occupational Safety and Health Administration Compliance Assistance
Authorization Act (CAAA), Public Law 105-197. OSHA's On-site
Consultation Program is administered in accordance with regulations at
Sec. 1908. These regulations provide, among other things, rules and
procedures for State consultants performing worksite visits. Following
the successful completion of an on-site consultation visit, employers
may seek to participate in OSHA Consultation's SHARP (Safety and Health
Achievement Recognition Program). The program recognizes employers who
have demonstrated exemplary achievements in workplace safety and health
by receiving a comprehensive safety and health consultation visit,
correcting all workplace safety and health hazards, adopting and
implementing effective safety and health management systems, and
agreeing to request further consultative visits if major changes in
working conditions or processes occur that may introduce new hazards.
Part 1908 currently allows employers meeting these specific program
requirements an exemption from programmed OSHA inspections for one
year.
In this Federal Register notice, OSHA proposes revisions to these
rules and procedures, as well as poses questions, and requests
interested members of the public to submit any data, views, or
arguments relevant to these proposed changes, during a 60-day public
comment period.
II. Proposed Changes to 29 CFR Part 1908
Revisions Delineating the Relationship With OSHA Enforcement
1. Other Critical Inspections
Under current Sec. 1908.7(b)(4)(ii), although worksites granted
Safety and Health Achievement Recognition Program (SHARP) status and
those working towards achieving SHARP status (Pre-SHARP) are either
deleted or deferred from the programmed inspection lists, they are
still eligible for non-programmed inspections in the following
categories:
A. Imminent danger.
B. Fatality/Catastrophe.
C. Formal Complaints.
At times, however, special circumstances may make it necessary to
conduct an inspection or investigation at an establishment ordinarily
exempt because of the employer's participation in the OSHA On-site
Consultation Program. One such situation might arise in connection with
workplace accidents that generate widespread public concern about a
particular hazard or substance. As part of a national response to these
hazards, OSHA may need to conduct programmed inspections of all sites
within a specific industry. An onsite OSHA investigation might also be
appropriate in the rare circumstance where a subsequent accident or
other event at a particular establishment makes it advisable for OSHA
to revisit the site. For this reason OSHA is proposing the addition of
a fourth category, "other critical inspections as determined by the
Assistant Secretary," to the list of permissible inspections for
worksites which have otherwise been deleted or deferred from programmed
inspection lists as a result of SHARP or Pre-SHARP participation.
Although Section 21(d) does not contain an explicit exception to allow
for programmed inspections under these circumstances,
it does allow OSHA discretion related to programmed
exceptions by stating that an employer "may" be exempt from an
inspection if the employer meets the criteria for recognition and
exemption delineated by the statute. This addition is also consistent
with current requirements of part 1908, as this particular exception
already exists in Sec. 1908.7(b)(2)(iv), which provides the same
criteria for termination of an "in progress" consultation visit. It
is not possible to define or predict every circumstance where an
investigation may be necessary at a site that is deferred or deleted
from OSHA's programmed inspection lists as a result of consultation
activity; accordingly, the exception is worded in very general terms.
To ensure this exception is applied only in exceptional circumstances
where an onsite investigation is clearly warranted, such investigations
must be approved by the Assistant Secretary.
In addition, current Sec. 1908.7(b)(2) is internally inconsistent
with the provisions related to pre-SHARP and SHARP in its use of the
term "Complaints" as opposed to "Formal Complaints" used in current
Sec. 1908.7(b)(4)(ii) when describing the categories in which an
employer with an in-progress consultation visit may be subject to
termination of the visit and a subsequent enforcement inspection. While
such distinctions do exist between the terms "Formal Complaints" and
"Complaints," OSHA general enforcement policy treats all types of
complaints in a similar fashion. As a result, OSHA does not need to
distinguish between Formal Complaints and Complaints when ascertaining
the need to interrupt "in progress" or SHARP visits. Therefore, for
consistency, OSHA is proposing to use the same language and
descriptions for the interruptions to all consultation visits.
2. Referrals
OSHA proposes to add a new category which will allow for
termination of an in-progress onsite consultative visit, as well as
enforcement inspections at worksites that are otherwise in pre-SHARP or
SHARP status. Under the current provisions of part 1908, enforcement
activity may be initiated under the following categories:
(i) Imminent danger investigations;
(ii) Fatality/catastrophe investigations;
(iii) Complaint investigations;
(iv) Other critical inspections as determined by the Assistant
Secretary.
Current OSHA enforcement policy allows inspections to be initiated
following a referral and are considered a type of non-programmed
inspection, similar to a complaint. In some instances, referrals may
identify hazards or suspected hazards that will necessitate termination
of consultation activity to allow for a non-programmed enforcement
inspection of that particular worksite. With this change, referrals
will now be a basis to initiate enforcement activity at worksites
subject to deferrals or deletions from programmed inspections as a
result of either an in progress consultation visit, or a worksite in
pre-SHARP or SHARP status. As a result of the above changes,
unprogrammed inspections will be treated consistently for "in
progress" interruptions and interruptions of SHARP and Pre-SHARP
status, and will occur at the discretion of the Regional Administrator
(RA).
3. Removal From Programmed Inspection Schedules
OSHA is proposing to revise paragraph Sec. 1908.7(b)(4),
Programmed Inspection Schedule, to change the deletion period from
OSHA's programmed inspections list. The regulation currently states
that employers will have their names removed from OSHA's programmed
inspection schedule for a period of "not less than one year." Today's
proposed rule would amend the wording in part 1908 to more closely
conform to the exemption period prescribed by section 21(d) of the
Occupational Safety and Health Act, and would provide that an employer
that meets the requirements set forth in section 21(d) will have the
name of its establishment removed from the general schedule inspection
list for a period of one year.
The proposed rule would also address the issue of inspection
exemptions beyond one year. While 21(d) authorizes a one-year exemption
for a consultation participant that successfully meets the listed
criteria, OSHA retains wide discretion under other provisions of the
OSH Act to set priorities and establish inspection schedules. Section
8(g) of the Act empowers OSHA to issue rules and regulations dealing
with the inspection of work establishments. Department of Labor v. Kast
Metals Corp. 744 F.2d 1145, 1151 (5th Cir. 1984). The agency will never
have sufficient staff to inspect every establishment, and has authority
under the OSH Act to schedule programmed inspections in a way that
makes efficient use of its compliance resources where they can have the
greatest impact on worker safety. Industrial Steel Prod. Co. v. OSHA,
845 F.2d 1330, 1331 (5th Cir. 1988). Rearranging the priority of
particular establishments within an inspection plan is reasonable and
permissible "because it furthers OSHA's legitimate goal of efficient
resource allocation." Id. Many specialized inspection plans developed
by OSHA, such as National Emphasis Programs, require investigation of
hazards that potentially exist at many thousands of establishments
across the country. Having the resources to conduct only a finite
number of programmed inspections, OSHA must direct its resources to
those establishments most likely to present uncorrected hazards. Thus,
for example, instead of inspecting a facility that has had a wall-to-
wall visit by an On-site Consultation professional in the past two
years, OSHA may reasonably decide to inspect an establishment that has
had no OSHA intervention of any kind. Accordingly, existing policy
allows for deletion periods extending beyond one year.
While acknowledging OSHA's lawful discretion to establish
inspection programs that provide for deletions from the programmed
inspection schedule beyond the basic one-year programmed inspection
deletion under 21(d), the proposed rule would place a one-year limit on
such additional deletions. An employer's fulfillment of the SHARP
participation requirements involve completing all the steps described
in 21(d), a process that can take three years or more. Small
businesses, which are the focus of the consultation program, are
extremely dynamic and changeable. Small enterprises can more quickly
change their operations, equipment and safety procedures without the
investment of time and materials that a larger business might require.
OSHA recognizes that employer participation in voluntary programs
such as SHARP contributes greatly to the statutory goal of eliminating
hazards, and enables the agency to better allocate its scarce
compliance resources. However, it is also important that OSHA retain
authority to conduct programmed inspections, and that establishments be
aware they may be the subject of such an inspection. Such awareness may
itself be an incentive for vigorous compliance efforts. See Reich v.
OSHRC, 102 F.3d 1200, 1203 (11th Cir. 1997). On balance, OSHA believes
that, after the expiration of the one-year inspection exemption
provided under 21(d), the name of an establishment may be deleted from
the programmed inspection schedule for no more than one additional
year.
4. Clarification of Terminology
Along with the changes proposed above, OSHA also wishes to clarify
terminology used in Part 1908. Thus, the types of enforcement
exemptions for which a worksite may be eligible after receiving a
safety and health consultation visit should be defined and described in
the same terminology used in the Site Specific Targeting (SST) and
other OSHA enforcement guidance. OSHA is proposing, for consistency
with terminology used in enforcement programs such as the SST, to use
the terms "deferral" and "deletion" when describing exemptions from
programmed inspections. Any deferrals and deletions are subject to the
time periods specified in the proposal and not limited by inspection
lists under the SST.
III. Preliminary Economic Analysis
OSHA's On-site Consultation Program is voluntary, both for
employers who seek this no-cost service and for States that provide it.
The goal of the proposed revisions to existing Consultation Agreement
regulations is to: (a) Clarify the ability of the Assistant Secretary
to define sites which would receive inspections regardless of Safety
and Health Achievement and Recognition Program (SHARP) exemption
status; (b) allow Compliance Safety and Health Officers to proceed with
enforcement visits resulting from referrals at sites undergoing
Consultation visits and at sites that have been awarded SHARP status;
(c) limit the deletion period from OSHA's programmed inspection
schedule for those employers participating in the SHARP program. OSHA
finds that the proposed revisions will not impose any new cost on
affected employers.
The Agency has not quantified the potential cost reductions to
employers or benefits to employees from the proposed revisions to the
existing rule. The Agency has preliminarily concluded that no
additional costs will be imposed on employers who choose to utilize
State On-site Consultation project services and, therefore, no adverse
economic impact on those employers is foreseen.
IV. Executive Order 12866
In terms of economic impact, the rule being proposed does not
constitute an economically significant regulation within the meaning of
Executive Order 12866, because it does not have an annual effect on the
economy of $100 million or more; materially affect any single sector of
the economy; interfere with the programs of other Agencies; materially
affect the budgetary impact of grant or entitlement programs; nor
result in other adverse effects of the kind specified in the Executive
Order.
V. Regulatory Flexibility Act Certification
The On-site Consultation Program is designed to aid small
employers, the same population identified for the protections of the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.). Since the
proposed revisions do not impose new costs on small employers, the
Assistant Secretary certifies that the regulation will not have a
significant economic impact on a substantial number of small entities.
Participation in the On-site Consultation Program both by States and
employers is voluntary. State agencies that have elected to furnish On-
site Consultation services under cooperative agreements with OSHA are
not covered entities under the RFA. Since the On-site Consultation
Program is historically targeted to small, high-hazard workplaces,
employers affected by the rule would tend to include a substantial
number of small entities, but, as indicated in the foregoing discussion
of regulatory impacts, the proposal should have no measurable economic
impact on employers.
VI. Environmental Impact
The proposed standard has been reviewed in accordance with the
requirements of the National Environmental Policy Act (NEPA) of 1969
(42 U.S.C. 4321 et seq.), the regulations of the Council on
Environmental Quality (CEQ) (40 CFR part 1500), and Department of Labor
(DOL) NEPA Procedures (29 CFR part 11). The provisions of the rule
focus on policies pertaining to exemptions from programmed OSHA
inspections. Consequently, no major negative impact associated with the
rule is foreseen on air, water or soil quality, plant or animal life,
the use of land or other aspects of the environment.
VII. Unfunded Mandates
For the purposes of the Unfunded Mandates Reform Act of 1995, as
well as Executive Order 12875, this proposed rule does not include any
Federal mandate that may result in increased expenditures by State,
local, and/or tribal governments, or increased expenditures by the
private sector of more than $100 million in any year.
VIII. Paperwork Reduction Act
After a thorough analysis of the proposed revisions to part 1908,
OSHA believes that the proposal imposes no new collection-of-
information requirements (i.e., paperwork). The current collections-of-
information for On-site Consultation Agreements (part 1908) are
approved under Office of Management and Budget Control Number 1218-
0110.
The proposed rule clarifies the ability of the Assistant Secretary
to define sites which would receive inspections, allows referrals to
initiate inspections at sites that are currently undergoing a
consultative visit, and asks the question as to how long a deletion
period from the programmed OSHA inspection schedule for those employers
working towards or participating in OSHA's recognition and exemption
program should last.
On-site Consultation Program visits generally impose no paperwork
requirements on employers. Specifically, all that is asked of the
employer is that the employer agrees to correct all serious hazards
identified during the inspection and post a list of serious hazards
identified during the visit. Alternatively (as noted in the On-site
Consultation Agreements' approved collection of information package
1218-0110), there is a paperwork burden on the State Consultation
Projects. However, the paperwork burden on the States comes from the
On-site Consultation visit process. The proposed changes to Part 1908
will not affect the consultation process, but rather only the benefits
of the program to employers. As a result, since the consultation
process remains exactly the same, no new or additional paperwork burden
will be imposed on the States as a result of the proposed changes to
the rule.
Interested parties who wish to comment on OSHA's determination that
this proposal contains no additional paperwork requirements must send
their written comments to the Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for OSHA, Office of Management and
Budget, Room 10235, 726 Jackson Place, NW., Washington, DC 20503.
Parties are also encouraged to submit their comments on this paperwork
determination to OSHA along with any other comments on the proposed
rule.
IX. Federalism
The proposed revisions to part 1908 have been reviewed under
Executive Order 12612, Federalism (52 FR 41685; October 30, 1987),
which sets forth fundamental federalism principles, federalism
policymaking criteria, and provides for consultation by Federal
agencies with state or local governments when policies are being
formulated which potentially affect them. Federal OSHA meets regularly with
representatives of state-operated On-site Consultation Programs, both
individually and at meetings of the National Association of
Occupational Safety and Health Consultation Programs (OSHCON). OSHA
also maintains extensive and frequent communications with its State
Plan partner agencies, both individual States and through the
Occupational Safety and Health State Plan Association (OSHSPA), the
association of State Plan States. The issues covered by the proposed
revisions to part 1908 have been discussed with the States. The States
also have an opportunity to submit comments during the 60-day public
comment period.
The revisions to part 1908 being proposed are generally consistent
with the requirements and procedures under which OSHA and the States
have administered the On-site Consultation Program for many years. OSHA
has reviewed the proposed revisions and finds them to be consistent
with the policymaking criteria outlined in Executive Order 12612. It
should be noted that cooperative agreements pursuant to section 21(d)
of the OSH Act, and State Plans submitted and approved under section 18
of the Act, are entirely voluntary Federal programs which do not
involve imposition of an intergovernmental mandate [2 U.S.C. 1502,
658(5)]. Under Sec. 1908.1(c) States and territories operating
approved Plans under section 18 of the Act shall, in accordance with
sections 18(b) and 18(c)(2), establish enforcement policies applicable
to the safety and health issues covered by the State Plan, which are at
least as effective as the enforcement policies established by this
part, including: (1) A recognition and exemption program, (2)
inspection deferral policies for employers working to achieve
recognition and exemption status, and (3) policies for continuing
inspections.
X. Public Participation
Interested persons including State Consultation agencies, employers
and employees who have experience with or an interest in the On-site
Consultation Program are invited to submit written data, views and
arguments with respect to the proposed amendments part 1908 during a
60-day public comment period. OSHA is interested, among other things,
in the experiences of State Consultation agencies and other affected
parties regarding the following matters:
--How would allowing the Assistant Secretary to define sites which
would receive inspections regardless of SHARP status affect the
willingness of employers to seek SHARP recognition?
--How would including referrals as a reason to interrupt Consultation
visits affect employers' willingness to seek On-site Consultation
Program services?
--How would limiting the deletion period from the programmed inspection
list for employers achieving SHARP affect the On-site Consultation
Program?
--What would be the implications of eliminating the awarding of
deferrals for those working to achieve SHARP recognition status?
--Are there different resource implications dependent on the length of
the deletion period?
Comments must be received on or before November 2, 2010, and two
copies must be submitted to the OSHA Docket Office, Docket No. OSHA-
2010-0010, U.S. Department of Labor, Room N-2625, 200 Constitution
Ave., NW., Washington, DC 20210. Comments under 10 pages long may be
sent via FAX to (202) 693-2527 but must be followed by an original in a
mailed submission. Written submissions must clearly identify the issue
addressed and the position taken with regard to each issue. All
comments submitted to the docket during this proceeding will be open
for public inspection and copying at the location specified above.
List of Subjects in 29 CFR Part 1908
Occupational safety and health, Programmed inspection schedule,
Deletion program, Recognition and exemption, Inspections.
Authority and Signature
This document was prepared under the direction of David Michaels,
PhD MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under sections 7(c), 8, 18, 21(d) and 23(g) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 656, 657, 667,
670 672) and Secretary of Labor's Order No. 6-96 (62 FR 111), January
2, 1997; No. 3-2000 (65 FR 50017), No. 5-2007 (72 FR 31159).
Signed at Washington, DC, this 27th day of August 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Part 1908 of Title 29 of the Code of Federal Regulations is hereby
proposed to be amended as follows:
PART 1908--CONSULTATION AGREEMENTS--[AMENDED]
1. Revise the authority citation for part 1908 to read as follows:
Authority: Sections 7(c), 8, 18, 21(d) and 23(g) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 656, 657, 667,
670 672) and Secretary of Labor's Order No. 6-96 (62 FR 111); No. 3-
2000 (65 FR 50017), No. 5-2007 (72 FR 31159).
2. In Sec. 1908.1, revise paragraph (c) to read as follows:
Sec. 1908.1 Purpose and scope.
* * * * *
(c) States operating approved Plans under section 18 of the Act
shall, in accord with section 18(b), establish enforcement policies
applicable to the safety and health issues covered by the State Plan
which are at least as effective as the enforcement policies established
by this part, including:
(1) A recognition and exemption program (Sec. 1908.7(b)(4)(i)(B));
(2) Inspection deferral policies for employers working to achieve
recognition and exemption status (Sec. 1908.7(b)(4)(i)(A)); and
(3) Policies for continuing inspections at worksites that have
received exemption status (Sec. 1908.7(b)(4)(ii)).
3. In Sec. 1908.7, revise paragraphs (b)(2), (b)(4)(i), and
(b)(4)(ii) to read as follows:
Sec. 1908.7 Relationship to enforcement.
* * * * *
(b) * * *
(2) The Consultant shall terminate an onsite consultative visit
already in progress where one of the following kinds of OSHA compliance
inspections is about to take place:
(i) Imminent danger inspections;
(ii) Fatality/catastrophe inspections;
(iii) Complaint inspections;
(iv) Referral inspections as determined necessary by the RA;
(iv) Other critical inspections as determined by the Assistant
Secretary.
* * * * *
(4) * * *
(i) Deletion, Deferral, Recognition and Exemption Programs--(A)
Preparation for Recognition and Exemption Program. When an employer
requests participation in a recognition and exemption program, and
undergoes a consultative visit covering all conditions and operations
in the place of employment related to occupational safety and health;
corrects all hazards that were identified during the course of the
consultative visit within established time frames; has begun to
implement all the elements of an effective safety and health program;
and agrees to request a consultative visit if major changes in
working conditions or work processes occur which may introduce new hazards,
OSHA's Programmed Inspections at that particular site may be deferred
while the employer is working to achieve recognition and exemption status.
(B) Employers who meet all the requirements for recognition and
exemption will have the names of their establishments removed from
OSHA's Programmed Inspection Schedule for a period of one year. The
exemption period will extend from the date of issuance by the Regional
Office of the certificate of recognition. OSHA may in its discretion
establish inspection programs that provide for an additional deletion
period, but such additional deletion period shall not exceed one year.
(ii) Inspections. OSHA will continue to make inspections in the
following categories at sites that achieved recognition status and have
been granted deletions from OSHA's Programmed Inspection Schedule; and
at sites granted inspection deferrals as provided for under paragraph
(b)(4)(i)(A) of this section:
(A) Imminent danger inspections;
(B) Fatality/catastrophe inspections;
(C) Complaint inspections;
(D) Referral inspections as determined necessary by the RA;
(E) Other critical inspections as determined by the Assistant
Secretary.
* * * * *
[FR Doc. 2010-22058 Filed 9-2-10; 8:45 am]
BILLING CODE 4510-26-P
