U.S Department of Labor Assistant Secretary for

Occupational Safety and Health Washington, D.C. 20210

OSHA Instruction CPL 2.92 CH-1 JUN 3, 1991 Office of General Industry Compliance Assistance

SUBJECT: Page Changes to OSHA Instruction CPL 2.92

A. Purpose. This instruction transmits page changes to OSHA Instruction CPL 2.92, Subject: Memorandum of Understanding (MOU) between the Employment Standards Administration, Wage and Hour Division, (ESA/WH) and the Occupational Safety and Health Administration, U.S. Department of Labor, dated February 28, 1991.

B. Scope. This instruction applies OSHA-wide.

C. Action. Replace existing pages with the attached CH-1 pages as follows:

D. Significant Changes.

1. Guidelines (Page 5). Correct the IMIS code provided for tracking referrals related to child labor issues.

2. Guidelines (Pages 5). Clarifies that referrals received from ESA/WH under this MOU are considered Safety and Health Agency Referrals as defined in the Revised Field Operations Manual (FOM), Chapter IX, B.2.b.(2).

Gerard F. Scannell Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices All Compliance Officers NIOSH Regional Program Directors 7(c)(1) Project Managers OCIS ESA/WH

OSHA Instruction CPL 2.92 CH-1 JUN 3, 1991 Directorate of Compliance Programs

referral form is found in OSHA Instruction ADM 1-1.12B, the Integrated Management Information System (IMIS) Forms Manual, Chapter XV. The OSHA-90 shall then be forwarded to the appropriate ESA/WH Regional Administrator or District Director.

g. In order to track activity related this MOU, the Area Director shall enter the following IMIS Codes, as appropriate, on the OSHA-90, Block 14e, and/or Block 25c.

(1) Wage hour division - 1108.

h. The Area Director shall evaluate all referrals received from ESA/WH (Form WH-24) and take appropriate action in accordance with OSHA Instruction CPL 2.45B, the Revised Field Operations Manual (FOM), Chapter IX, B.3.

NOTE: Referrals received from ESA/WH under this MOU are considered to be Safety and Health Agency Referrals as defined in the FOM, Chapter IX, B.2.b.(2).

i. The Area Director shall monitor the progress of actions taken on the referrals and send the results of any inspection conducted in the response to the referral to the Regional Administrator with a copy to the appropriate ESA/WH Regional Administrator.

j. OSHA Regional Administrators shall meet periodically (at least annually) with their ESA/WH counterparts to report on the progress of actions taken on the referrals received from ESA/WH, and determine where improvement to the system may be necessary.

k. An evaluation of the MOU, covering the period January 1 through December 31, shall be made each year by the Regional Administrator and a summary shall be submitted to the Directorate of Compliance Programs by February 1, which includes, as a minimum, the following elements:

o The number of referrals received from ESA/WH. o The number of inspections conducted based on the referrals.

OSHA Instruction CPL 2.92 CH-1 JUN 3, 1991 Directorate of Compliance Programs

o The number of referrals sent to ESA/WH. o The number of referrals sent to ESA/WH that involved child labor issues.

o A narrative describing where improvements to the system may be necessary.

3. Explain the substance of the MOU to State designees in State plan States.

a. Regional Administrators shall assists State designees in establishing personal contracts between State agencies and ESA Regional Administrators.

b. Questions regarding coordination between ESA/WH and OSHA State designees should be resolved at the local level in accordance with the terms of the agreement, and existing law and policy.

c. Coordination matters that cannot be decided at the local level shall be referred promptly by the State designees to the appropriate OSHA Regional Administrator for transmittal through the Office of Field Programs, to the appropriate OSHA directorate for assistance in solving the problem.

d. State designees shall be requested to keep the Regional Administrator informed of any problems and the resolutions thereof negotiated by ESA/WH and the State. The Regional Administrator shall forward information on such State/ESA decisions to the Directorate of Compliance Programs.

Gerard F. Scannell Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices State Designees ESA/WH Regional Administrators

*U.S. Government Printing Office: 1991- 282-118/20065 6