OSHA Instruction TED 3.5B CH-1
January 3, 1997
Office of Cooperative Programs

Subject: Change 1 to OSHA Instruction TED 3.5B, Consultation Policies and Procedures Manual

A. Purpose. This change instruction transmits one revised page to OSHA Instruction TED 3.5B.

B. Scope. This instruction applies OSHA-wide.

C. Action.

1. Remove page 4 and replace it with the attached change page. The single change is marked in the left margin by a vertical line.

D. Explanation.

1. Due to a typographical error, number 9 on page 4 is incorrect. Number 9 should read as follows: Chapter X. V.A.1.e.(2).

Paula O. White, Director
Federal-State Operations

Distribution:
National, Regional and Area Offices
OSHA Consultation Project Managers
State Designees




Instruction TED 3.5B
December 9, 1996
Office of Cooperative Programs

7. After Regional review of the State plan supplement and resolution of any comments thereon, forward the State submission to the National Office in accordance with established procedures. The Regional Administrator shall provide a judgement on the relative effectiveness of each substantive difference in the State plan change and overall assessment thereon with a recommendation for approval or disapproval by the Assistant Secretary.

G. Background. The Revised CPPM consolidates all changes made to OSHA Instruction 3.5A which was first issued on October 2, 1995. It continues the purpose of providing a handbook for consultants to carry out the policies and procedures of the Consultation Program.

H. Significant Changes. Because OSHA Instruction TED 3.5B is a complete reissuance of the CPPM (Part I) and not a collection of page changes to the existing directive, individual revisions of text are not marked by black lines in the left margin. Important changes are summarized below:

1. Chapter III. B.2. Scheduling Priority. An error in the second sentence was corrected to establish that "as the hazardousness of an employer's workforce increases and/or the size of the establishment decreases, the priority assigned for servicing the request will increase accordingly," not "decrease accordingly."

2. Chapter Vl. C.2.d.(2)(b), Employer Obligations. This paragraph has been revised and provides clear and comprehensive guidelines for unionized sites.

3. Chapter IX. Appendix A, Safety and Health Program Assessment Worksheet (Form 33). A revised copy of the Consultation Form 33, currently being used by consultants in the field, has been included.

4. Chapter IX. II.A., Management Leadership and Employee Involvement. A "NOTE" has been added to clarify employee empowerment.

5. Chapter X. II.B, Program Eligibility. A "NOTE" has been added which clarifies the LWDI data source consultants should use to compare an employer's LWDI rate to the industry average when determining whether that employer is eligible for participation in the Safety and Health Achievement Recognition Program (SHARP).

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Instruction TED 3.5B CH-1
January 3, 1997
Office of Cooperative Programs

6. Chapter X. III.A.3.c., Program Requirements. The word "at" has been added to the sentence to clarify that employers lowering their LWDI to at or below their industry average will be eligible for participation in SHARP if they met all other requirements.

7. Chapter X. III.A.3.c., Program Requirements. A "NOTE" has been added to indicate that, once an employer has participated in the Safety and Health Achievement Recognition Program (SHARP) for one year and has reduced his/her LWDI rate to at or below the average for that industry, that improved LWDI rate should be used when the consultant is comparing it to the BLS data to which the employer's original average was compared.

8. Chapter IX. VI.A.2, SHARP Procedures. The word "at" has been added to the sentence to clarify that employers will be informed that they must lower their LWDI and IIR to at or below their industry average in order to pursue participation in SHARP, in addition to meeting other eligibility requirements.

9. Chapter X. V.A.1.e.(2), Failure to Meet or Maintain Requirements. This paragraph has been revised to provide guidelines that take into consideration small establishments that have met the criteria and have been accepted into the SHARP program but, for the act of a single injury or small number of injuries, may make them ineligible to continue in the SHARP program.

Joseph A. Dear
Assistant Secetary

DISTRIBUTION:
National, Regional and Area Offices
7(c)(1) Consultation Program Managers
State Designees

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