Consultation Policies and Procedures Manual, Chapter 2: OSHA Cooperative Programs | Occupational Safety and Health Administration

Record Type:

OSHA Notice
Current Directive Number:

04-08 (CSP 02)
Old Directive Number:

TED 3.6
Title:

Consultation Policies and Procedures Manual, Chapter 2: OSHA Cooperative Programs
Information Date:

11/24/2004

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

December 22, 2005

MEMORANDUM FOR:	DIRECTORATE HEADS DIRECTORS OF FREESTANDING OFFICES
FROM:	JONATHAN L. SNARE Acting Assistant Secretary
SUBJECT:	Extension of Consultation Policies and Procedures Manual (CPPM), Chapter 2 until December 31, 2006

This memorandum extends the effective date of OSHA Notice 04-08 (CSP 02) entitled: CPPM Chapter 2, OSHA Cooperative Programs, issued November 24, 2004 (copy attached), to December 31, 2006, or until superseded by a new directive.

If you have any questions please contact Carolyne K. St.Louis in the Office of Small Business Assistance (202) 693-1768.

Attachment

cc: Izabela Zielinska, Directives Officer

December 22, 2005

MEMORANDUM FOR:	REGIONAL ADMINISTRATORS CONSULTATION PROJECT MANAGERS
FROM:	JONATHAN L. SNARE Acting Assistant Secretary
SUBJECT:	Extension of Consultation Policies and Procedures Manual (CPPM), Chapter 2 until December 31, 2006

OSHA NOTICE

DIRECTIVE NUMBER: 04-08 (CSP 02)	EFFECTIVE DATE: 11/24/2004
SUBJECT: Consultation Policies and Procedures Manual, Chapter 2: OSHA Cooperative Programs

ABSTRACT

Purpose:	This Notice replaces the current Chapter 2 of the Consultation Policies and Procedures Manual, the contents of which are now included in Chapter 3, OSHA Instruction CSP 02-00-001 [TED 3.6]. This new Chapter provides an overview of OSHA's Cooperative Programs.
Scope:	This Notice applies OSHA-wide.
References:	The IMIS Consultation Data Processing Manual [IRT 01-00-0013]; Field Inspection Reference Manual (FIRM) [CPL 02-00-103]; Safety and Health Program Management Guidelines [FR 54:3904-3916]; Standard Element Paragraph (STEP) Manual [CNS3.6]; Site-Specific Targeting (SST-04) 2004 [04-02 (CPL-02)], April 19, 2004; 29 Code of Federal Regulations 1908, Cooperative Agreements.
Cancellations:	This is a new chapter in the Consultation Policies and Procedures Manual.
Expiration Date:	This Notice will expire on December 31, 2005.
State Impact:	This Notice is a Federal Program Change requiring State implementation, *See* paragraph VI.
Action Offices:	National, Regional, and Area Offices
Originating Office:	Directorate of Cooperative and State Programs
Contact:	Office of Small Business Assistance Frances Perkins Building, Room N 3700 200 Constitution Avenue NW Washington, DC 20210 202-693-2213

By and Under the Authority of
John L. Henshaw
Assistant Secretary

Executive Summary

This Notice replaces Chapter 2 of the Consultation Policies and Procedures Manual (CPPM) OSHA Instruction CSP 02-00-001 [TED 3.6]; contents of the former Chapter 2 are now included in Chapter 3 of this Manual. This is a new chapter within the CPPM prepared in order to familiarize those involved in the Consultation Program with an overview of the various Cooperative Programs available to employers.

TABLE OF CONTENTS

Purpose
Scope
References
Cancellations
Expiration Date
State Impact
Action Information
Significant Changes
Cooperative Programs
On-Site Consultation
Recognition and Exemption Programs
Deferral Programs
Alliances
State Plan States

Purpose. This Notice is a new chapter within the Consultation Policies and Procedures Manual (CPPM) prepared to familiarize those involved with OSHA's On-Site Consultation Program an overview of the various Cooperative Programs available to employers. This Notice replaces Chapter 2 of the CPPM entitled: Promoting and Managing Consultation Services. The contents of the former Chapter 2 are now included in Chapter 3 of this manual.
Scope. This notice applies OSHA-wide.
References. The IMIS Consultation Data Processing Manual [IRT 01-00-0013]; Field Inspection Reference Manual (FIRM) [CPL 02-00-103]; Safety and Health Program Management Guidelines [FR 54:3904-3916]; Site-Specific Targeting (SST-04) 2004 [04-02 (CPL-02)], April 19, 2004; Standard Element Paragraph (STEP) Manual [CNS3.6]; 29 Code of Federal Regulations 1908, Cooperative Agreements.
Cancellations. None, this is a new chapter within the CPPM.
Expiration Date. This Notice will expire on December 31, 2005.
State Impact. This Notice is a Federal Program change requiring State implementation.
1. Private Sector Consultation Programs Funded under a State Plan.
2. Public Sector Consultation.
3. State Adoption.
Action Information.
1. Responsible Office. Directorate of Cooperative and State Programs (DCSP), Office of Small Business Assistance (OSBA).
2. Action Offices. National, Regional and Area Offices.
3. Information Offices. National Office Directorates and State Designees.
Significant Changes. None

Consultation Policies and Procedures Manual

Chapter 2

OSHA Cooperative Programs
Cooperative Programs. OSHA's Directorate of Cooperative and State Programs offers a number of opportunities for employers and organizations to work cooperatively with the Agency. These Cooperative Programs (Consultation, Alliances, Strategic Partnerships and Voluntary Protection Programs) offer a variety of services and benefits to participating organizations or employers. Each program is discussed in this chapter along with the requirements for participation. Although the primary subject matter of this manual involves the Consultation Program, an overview of other OSHA cooperative programs is essential since consultants are actively involved in implementing these programs. States with OSHA-approved programs may have their own cooperative and voluntary compliance programs such as those discussed below, as well as additional programs.
On-Site Consultation. OSHA's premier cooperative program is a free and confidential consultation service largely funded (90/10) by Federal OSHA. OSHA's On-Site Consultation Program is delivered by state governments using highly qualified occupational safety and health professionals to help employers: a) detect potential hazards at their worksite and b) establish and maintain safe and healthful workplaces. The Consultation Program is completely separate from OSHA's enforcement efforts and does not issue citations or propose penalties. Although the On-Site Consultation Program does not issue citations or propose penalties, employers receiving consultation services are required to correct all identified hazards as a condition of receiving program services.

The Consultation Program offers a variety of services for small businesses, including: assisting in the development and implementation of an effective safety and health management system and offering training and education to the employer and employees at the worksite. Smaller businesses in high hazard industries receive priority. On-site consultation visits include a walk-through of employer worksites, identification of hazards, correction assistance, and assistance in the development or improvement of the employer's occupational safety and health management system. An on-site consultation visit will result in a written report to the employer, detailing findings and recommendations of the consultant. It may include training and education needed to address hazards or potential hazards at the worksite. For additional information regarding OSHA's On-Site Consultation Program visit: http://www.osha.gov/dcsp/smallbusiness/consult.html.
Recognition and Exemption Programs. OSHA currently administers two recognition and exemptions programs: the Safety and Health Achievement Recognition Program (SHARP) and the Voluntary Protection Programs (VPP). Each program is described below.
1. Safety and Health Achievement and Recognition Program. The Federal recognition and exemption program funded under 21(d) of the OSHA Act is known as SHARP. Recognition and Achievement programs operating in States with approved State Plans may be known by other names, but the term SHARP is used in this manual to refer to the basic minimum requirements of any recognition and exemption program administered by an OSHA Consultation Project, whether under State or Federal jurisdiction. SHARP provides incentives and support for employers to develop, implement, and continuously improve their safety and health management systems. SHARP participation can provide immediate and long-term reduction of job-related injuries and illnesses. SHARP participants are exempted from OSHA programmed inspections and receive recognition on the OSHA web site and in OSHA publications. For additional information regarding SHARP see Chapter 8 of this manual or please visit: http://www.osha.gov/dcsp/smallbusiness/sharp.html.
2. Voluntary Protection Programs (VPP). The Voluntary Protection Programs are designed to recognize and promote effective, systematic safety and health management. A hallmark of VPP is the principle that management, labor and OSHA work together in a spirit of cooperation and trust in pursuit of a safe and healthful workplace. VPP participants are worksites that have successfully designed and implemented outstanding safety and health management systems. OSHA approves qualified sites for one of three programs: Star, Merit and Star Demonstration -- which recognizes those worksites that address unique safety and health issues. For more information on VPP, please visit: http://www.osha.gov/dcsp/vpp/index.html.
  1. Star is for exemplary worksites that have implemented comprehensive, successful safety and health management systems and have achieved injury/illness rates below their industry's national average.
  2. Merit is for worksites with the potential and commitment to achieve Star quality within 3 years.
  3. Star Demonstration is for worksites with Star quality safety and health protection that want to test alternatives to current Star eligibility and performance requirements.
Deferral Programs
1. Pre-SHARP. An employer who meets all the initial eligibility requirements for SHARP, corrects all hazards identified during the consultation visit, and shows reasonable promise of achieving SHARP status within the time frames agreed upon with the Consultation Project Manager, may be approved as a Pre-SHARP participant. This Pre-SHARP status gives the employer a deferral from OSHA's programmed inspections. The deferral time frame recommended by the Consultation Project Manager, including extensions, must not exceed a total of 18 months from the expiration of the correction due date(s), See Chapter 9: Pre-SHARP.
2. OSHA Strategic Partnership Program. An OSHA Strategic Partnership (OSP) is an extended voluntary cooperative relationship between OSHA and groups of employers, employees, employee representatives, and/or other interested stakeholders designed to encourage, assist and recognize efforts to eliminate serious hazards and achieve a high degree of worker safety and health. This program is available to all private sector employers, associations, labor organizations and government agencies in locales where OSHA has jurisdiction. OSP's may address all hazards at partner worksites or one or more discrete hazards of particular concern. An OSP can assist partners in the reduction of injuries and illnesses through shared resources focused on the long-term development of effective safety and health management systems. OSP's are formalized through written agreements that last for a specified period of time. OSHA may offer up to a six-month deferral from programmed inspections to non-construction OSP participants upon their entry into a partnership. During the deferral period, the partner must commit to make workplace safety and health improvements or seek compliance assistance to improve workplace safety and health. For more information regarding OSP's, please visit: http://www.osha.gov/dcsp/partnerships/index.html.
3. Site Specific Targeting (SST). An employer that has requested an initial full-service, comprehensive consultation visit for safety or health from the OSHA On-Site Consultation Program, and that visit has been scheduled by the Consultation Program Manager, may be deferred from SST inspection for 90 days from the date of notification by the Consultation Program to the Area Office. No extension of the deferral beyond the 90 days is possible, unless the consultation visit is identified as "in progress," which begins at the opening conference of the consultation visit, See 29 CFR 1908.7(b)(1).
Alliances. OSHA created the Alliance Program to work with organizations to prevent workplace injuries, illnesses, and fatalities. Alliance participants are recognized by OSHA and others as proactive leaders in safety and health. The Alliance Program enables trade or professional organizations, businesses, labor organizations, educational institutions, and governmental agencies that share an interest in workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. OSHA and the interested party sign a formal agreement with goals that address training and education, outreach and communication, and promoting a national dialogue on workplace safety and health. OSHA recognizes these relationships on the web site and includes them in published materials. Alliance agreements do not include an enforcement component and Alliance participants do not receive an exemption or deferral from OSHA's programmed inspections.
State Plan States. States with OSHA-approved programs also administer various cooperative programs, often similar or identical to those offered by federal OSHA. These cooperative and voluntary compliance programs provide similar if not the same opportunities for organizations interested in safety and health. For more information regarding State Plan State cooperative programs, please visit: http://www.osha.gov/fso/osp/.