[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53754-53761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21943]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0007]
Online Delivery of OSHA's Outreach Training Program 10- and 30-
Hour Courses
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: OSHA requests information, comments, and documents that would
assist the agency in determining whether to adopt a new online delivery
model for OSHA's Outreach Training Program. The OSHA Outreach Training
Program is a hazard awareness training program that educates
participants on the recognition, abatement, and prevention of job-
related hazards in the construction, general, and maritime industries,
and at disaster sites. The potential new model would be limited to
OSHA's 10- and 30-hour Outreach courses for the construction, general,
and maritime industries. The new model would not include the disaster
site worker training program. OSHA plans to use the information
collected from this request to determine whether the new model would
address issues associated with the existing model. If the new model
were implemented, the agency would develop policies and procedures for
the online Outreach Training Program courses to ensure that online
providers meet OSHA's expectations for program quality and consistency.
DATES: Submit information, comments, and documents on or before
December 9, 2019. All submissions must bear a postmark or provide other
evidence of the submission date.
ADDRESSES: Submit comments and additional materials, identified by
Docket No. OSHA-2019-0007 by any of the following methods:
Electronically: Submit comments and attachments electronically to
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions online for making electronic submissions.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 963-
1648.
Regular mail, hand delivery, express mail, or messenger (courier)
service: Submit comments and any additional material (for example,
studies or journal articles) to the OSHA Docket Office, Docket No.
OSHA-2019-0007, Occupational Safety and Health Administration, U.S.
Department of Labor, Room N-3653, 200 Constitution Ave. NW, Washington,
DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is (877) 889-
5627). All additional material must clearly identify your electronic
submission by name, date, and docket number so that OSHA can attach
them to your comments. Due to security procedures, there may be delays
in receiving materials that are sent by regular mail. Deliveries (hand,
express mail, messenger, and courier service) are accepted during the
Docket Office's normal business hours, 10:00 a.m.-3:00 p.m., ET.
Instructions: All submissions must include the agency's name and
the docket number for this Request for Information (RFI) (OSHA-2019-
0007). When submitting comments or recommendations on any of the issues
raised in this RFI, commenters should explain their rationale and, if
possible, provide data and information to support their comments or
recommendations. Comments and other material, including any personal
information, will be placed in the public docket without revision, and
will be publicly available online at https://www.regulations.gov.
Therefore, OSHA cautions commenters about submitting statements they do
not want to be made available to the public, or submitting comments
that contain personal information (either about themselves or others)
such as Social Security numbers, birth dates, and medical data.
Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. The https://www.regulations.gov index lists all
documents in the docket. All submissions, including copyrighted
materials, are available for inspection at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications, U.S. Department of Labor by phone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
General and technical information: David Serra, Outreach Training
Program Coordinator, Training Programs, Office of Training Programs and
Administration, Directorate of Training and Education, Occupational
Safety and Health Administration, U.S. Department of Labor, by email:
serra.david.m1@dol.gov.
Copies of this Federal Register notice: Electronic copies are
available at https://www.regulations.gov. This Federal Register notice,
news releases, and other relevant information are also available on
OSHA's web page at https://www.osha.gov.
References and exhibits: Documents referenced by OSHA in this
request for information, other than OSHA standards and Federal Register
notices, are available in Docket No. OSHA-2019-0007. Additional
references are OSHA Outreach Training Program
Requirements [April 1, 2019], OSHA Outreach Training Program
Construction Industry Procedures [April 1, 2019], OSHA Outreach
Training Program General Industry Procedures [April 1, 2019], OSHA
Outreach Training Program Maritime Industry Procedures [April 1, 2019].
The docket is available at https://www.regulations.gov, the Federal
eRulemaking Portal. For additional information on submitting items to,
or accessing items in, the docket, please refer to the ADDRESSES
section of this RFI. Exhibits are available at https://www.regulations.gov. All materials in the dockets are available for
inspection and copying at the OSHA Docket Office.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Background
A. Overview of OSHA's Outreach Training Program
B. Online Outreach Training Program Consortium Model
III. Request for Information, Data, and Comments
A. OSHA's Current Model for In-Classroom and Online Delivery of
OSHA Outreach Training
B. Modifying the Current Online Outreach Training Program Model
C. Scope of Online Offerings
D. Delineating Consortium Collaborator Distinctions Under the
Consortium Model
E. Responsibilities of the OTI Education Center Under the
Consortium Model
F. Responsibilities of the Online Provider Under the Consortium
Model
G. Responsibilities of OSHA Under the Consortium Model
H. Responsibilities of the Optional Stakeholder Under the
Consortium Model
I. Termination of Consortium Agreements
J. Expiration Dates of Consortiums
K. Whether OSHA Should Adopt Minimum Technical Specifications
for Online Delivery of Training Content
Online Provider System Requirements and Capabilities
System Controls
User Authentication
L. Whether OSHA Should Adopt Requirements for Validating Online
Curriculum and Training Content
Maintaining Curriculum Content
Timelines and Processes To Ensure Content/Curriculum Is
Updated as OSHA Implements Policy Changes
Student Assessment Strategies
Ensuring Appropriate Levels of Interactivity
Ensuring Student Engagement While Meeting Required
Training Timeframes
Ensuring Adult Learning Principles Direct the Design
and Development of Content
M. Ensuring Program Management and Strengthening Program
Oversight
Setting of Course Tuition and Card Processing Fees
Potential Prohibition on Resellers, Pass-Through
Agreements, Multi-Branded Offerings
Program Administrative Requirements
N. Additional Information
IV. Authority and Signature
I. Introduction
The OSHA Outreach Training Program is a hazard awareness training
program that promotes workplace safety and health. The program educates
workers and employers on how to recognize, abate, and prevent job-
related hazards in the construction, general, and maritime industries,
and at disaster sites. Training is conducted in both classroom and
online formats. The federal government does not mandate participation
in the OSHA Outreach Training Program, and the program is not intended
to meet employer responsibilities for safety and health training of
their employees. The program is voluntary and does not meet the
training requirements contained in any OSHA standard.\1\ Nevertheless,
some states and local jurisdictions have enacted legislation mandating
OSHA Outreach Training Program training, and some employers and unions
require workers to complete this training to work in certain job sites
or fulfill their own safety training goals.
---------------------------------------------------------------------------
\1\ For information on OSHA's training-related requirements, see
OSHA Publication #2254, Training Requirements in OSHA Standards
(https://www.osha.gov/Publications/osha2254.pdf).
---------------------------------------------------------------------------
OSHA has concerns related to a number of issues associated with the
existing online program, including inconsistent training quality,
insufficient monitoring and oversight available to the agency, and
public confusion regarding the OSHA-authorized Outreach Training
Program. OSHA will consider any comments received in response to this
Request for Information (RFI) to determine whether a new online
training model called the OSHA Online Outreach Training Program
Consortium should be adopted to address these issues.
II. Background
A. Overview of OSHA's Outreach Training Program
OSHA's Outreach Training Program is taught by authorized safety and
health professionals who complete an OSHA Outreach Training Program
trainer course that enables them to teach 10- and 30-hour Outreach
Training Program classes for workers in construction, general industry,
maritime, and disaster sites. The 10-hour Outreach class is designed
for entry-level workers, while the 30-hour Outreach class is more
appropriate for individuals with experience in issues related to
workplace safety or whose job responsibilities include ensuring
workplace safety.
After participants have completed training, trainers request and
receive Outreach Training Program student course completion cards
through their Authorizing Training Organization (ATO). An ATO is the
organization that sponsored the trainer's most recent trainer course or
trainer update course, which is either OSHA's Directorate of Training
and Education (DTE) or an OSHA Training Institute (OTI) Education
Center.
The OTI Education Centers are a national network of nonprofit
organizations authorized by OSHA to deliver occupational safety and
health training to private and public sector workers and employers,
other federal agencies, and occupational safety and health
professionals. The primary focus of each OTI Education Center is to
provide OSHA training courses throughout OSHA's ten regions in support
of the OSH Act and OSHA's training mission. Additional information on
the OTI Education Centers is available on OSHA's web page at https://www.osha.gov/otiec.
In 2001, OSHA began an Online Outreach Training Program, which
provides online, rather than classroom, delivery of training courses
for its 10-hour and 30-hour construction and general industry programs.
Prior to 2001, all authorized OSHA trainers were required to conduct
in-person training. OSHA also implemented an application process for
becoming an authorized online training provider.
OSHA recognizes the benefits of having access to an online platform
for training. However, the agency has a number of concerns with the
existing model that it would like to address, including inconsistent
training quality, insufficient program monitoring and oversight
available to the agency, and public confusion regarding OSHA-authorized
Outreach Training Programs. OSHA has received numerous complaints
regarding online training, including:
[ssquf] Individuals completing online courses on behalf of another
registered student;
[ssquf] Individuals accessing and completing online courses from
outside the geographic jurisdiction of the agency;
[ssquf] Publicly posted video clips, media, or other information
instructing individuals on methods to complete an Online Outreach
Training Program 10-
or 30-hour class in less than the minimum required time;
[ssquf] Late submissions of card processing requests;
[ssquf] Failure of online providers to issue student course
completion cards after receipt from OSHA within required time limits;
[ssquf] Failure of online providers to issue course completion
cards;
[ssquf] Significant customer service issues, including poor
technical support, inadequate responses from customer service staff,
and difficulty reaching the authorized Outreach trainer;
[ssquf] Issuance of course completion cards and course completion
certificates for classes not affiliated with the Outreach Training
Program, but appearing to be offered by OSHA;
[ssquf] Misleading advertising including the use of department and
agency logos, and prohibited terms (e.g., certification, accredited);
and
[ssquf] Difficulty distinguishing by the general public between
OSHA-authorized online Outreach providers and resellers, pass-through
entities, and other online safety and health offerings.
Because of these issues, on October 31, 2009, OSHA instituted a
moratorium on receiving or approving any additional applications for
online training providers. As a result, only nine previously authorized
online providers currently provide training.\2\
---------------------------------------------------------------------------
\2\ In 2011, OSHA developed a plan to replace the existing
online providers through a new competitive model (see 76 FR 17451
(Mar. 29, 2011)). Under the competitive model, OSHA would select a
limited number of providers through non-financial cooperative
agreements. While OSHA awarded cooperative agreements on January 12,
2012, the agreements never went into effect because of litigation in
the United States Court of Federal Claims. In its most recent
decision, the court permanently enjoined OSHA from making awards
under the competitive model unless it corrected certain defects in
its solicitation under the Competition in Contracting Act. OSHA has
taken no further action to make awards under the competitive model,
and if OSHA adopts a different model, it will no longer attempt to
use the competitive model to make awards.
---------------------------------------------------------------------------
B. Online Outreach Training Program Consortium Model
OSHA's Directorate of Training and Education (DTE) is considering
an alternative online model that provides safeguards against some of
the issues facing the existing model. This approach is referred to as
the Online Outreach Training Program Consortium Model (Model). Under
this Model, a consortium would be a voluntary agreement between
interested organizations, as opposed to a contract or non-financial
cooperative agreement.
Under this approach, OSHA would not limit the number of consortiums
that could provide online training. Instead, a consortium would be
authorized to provide online training if it met OSHA's requirements to
become an authorized consortium.
Authorized consortiums would consist of either three or four
collaborators, who would enter into a consortium agreement. Each
collaborator would have designated responsibilities detailed in the
agreement. The consortium agreement would outline technical,
curriculum, and program responsibilities.
Consortiums with three collaborators would include OSHA, an OTI
Education Center, and an online provider. Consortiums with four
collaborators would include OSHA, an OTI Education Center, an online
provider, and a stakeholder.
Under the model, the OTI Education Center would have oversight and
student course completion card processing responsibilities for the
consortium. The online provider would typically be the course content
developer, provider of the training, and advisor on the technical
aspects of offering online training. The stakeholder would be an
organization (e.g., a labor union or employer) that is interested in
developing and offering online Outreach training to only its members or
employees. The stakeholder would most likely enter into the agreement
as a fourth member, rather than an online provider, because the
stakeholder would likely not have the information technology experience
and resources to act as an online provider. Section III contains a
description of each consortium member's responsibilities.
Whether the consortium is comprised of three or four collaborators,
OSHA would require that all actions taken by an authorized consortium
be consistent with OSHA requirements. OSHA also would have final
programmatic authority over the consortium and its members. OSHA would
review the consortium agreement and ensure the agreement is in
compliance with Outreach Training Program requirements. These
requirements would include, for example, the existing OSHA Outreach
Training Program Requirements and Outreach Training Program Industry
Procedures, as well as a new OSHA Directive for Online Outreach
Training Program Consortiums that OSHA would develop if it adopted the
consortium model. In addition, OSHA would have final authority over
termination and expiration of consortium agreements.
III. Request for Information, Data, and Comments
OSHA would like data, information, and comments on the below
questions. Commenters are asked to clearly delineate which question
number related to their comment(s) or other submission(s) is intended
to address.
A. OSHA's Current Model for In-Classroom and Online Delivery of OSHA
Outreach Training
A.1. What are the benefits to the current model?
A.2. Are there any issues associated with the current model other
than those discussed by OSHA in this Request for Information? If so,
please list these additional issues. Provide details and examples where
possible.
B. Modifying the Current Online Outreach Training Program Model
B.1. Are there any approaches that OSHA should consider adopting
other than the consortium approach (for example, the competitive
approach described in footnote 2 of this RFI)?
[ssquf] If you believe OSHA should adopt another approach, please
describe the alternative approach and explain why you believe it should
be adopted.
[ssquf] If you believe OSHA should leave the existing application
process in place or, alternatively, that OSHA should adopt the
consortium approach, please explain why.
B.2. What are the benefits of the consortium approach?
B.3. What are the weaknesses of the consortium approach?
B.4. Does online delivery of the Outreach Training Program
effectively meet OSHA's mission to educate the public on workplace
hazards? If so, please explain why. If not, explain why not, and also
outline methods of educating the public on workplace hazards you
believe would effectively meet OSHA's mission.
C. Scope of Online Offerings
OSHA is considering requiring consortiums to offer the 10-hour and
30-hour OSHA Outreach Training Program courses for each of the
following three industries: Construction, general, and maritime
industries (i.e., a total of three separate 10-hour courses and three
separate 30-hour courses).
C.1. Do you believe a requirement that consortiums offer the 10-
hour and 30-hour OSHA Outreach Training Program courses for each of
these three industries (construction, general, and maritime) would pose
a challenge to online providers? If so, please explain the nature of
those challenges.
C.1.a. If you believe there are challenges, how can these
challenges be resolved?
C.1.b. Can OSHA resolve these challenges? How? Please explain.
C.1.c. Can online providers resolve these challenges? How? Please
explain.
OSHA is considering requiring consortiums to offer the 10- and 30-
hour OSHA Outreach Training Program courses in languages other than
English.
C.2. Do you believe the OSHA Outreach Training Program classes
should be offered in languages other than English?
C.2.a. If so, what challenges do you foresee with developing OSHA
Outreach Training Program classes in languages other than English?
C.2.b. Can the consortium collaborators resolve these challenges?
How? Please explain.
D. Delineating Consortium Collaborator Distinctions Under the
Consortium Model
To prevent conflicts of interest, the appearance of conflicts of
interest, or self-dealing, OSHA is considering prohibiting consortium
collaborators from serving in a `dual-role' within the same agreement.
That is, OSHA would require that each partner in a consortium agreement
be a separate, distinct entity, filling a specific collaborator role
within that agreement, and an OTI Education Center could not serve as
both the OTI Education Center collaborator and the online provider
collaborator within the same consortium. Thus, if OTI Education Center
A wishes to be an online provider collaborator, OTI Education Center A
would have to enter into a consortium agreement with a different OTI
Education Center (e.g., OTI Education Center B), which would serve as
the sole OTI Education Center collaborator for that consortium. OTI
Education Center A could also serve as the OTI Education Center
collaborator in a separate consortium or consortiums.
D.1. Do you agree that consortium collaborators should be
restricted to filling only one partner role within the same consortium
agreement? Why or why not?
D.2. How broadly should OSHA define the term ``separate, distinct
entity?'' Should a subsidiary component of a parent organization (for
example, a subsidiary business, franchise, or division, or a distinct
department within a college or university) be considered a ``separate,
distinct entity'' from other subsidiary components of the same parent
organization? Why or why not?
D.3. Are there any additional restrictions OSHA should consider or
incorporate to prevent conflicts of interest, the appearance of
conflicts of interest, or self-dealing?
E. Responsibilities of the OTI Education Center Under the Consortium
Model
Under the Consortium Model, the OTI Education Center (a required
consortium collaborator) would have oversight and processing
responsibilities. Thus, the OTI Education Center would:
[ssquf] Oversee course curriculum and content. This might include
curriculum development, and/or curriculum evaluation, and audits of
online training delivery. The OTI Education Center could also act as a
content advisor.
[ssquf] Conduct monitoring (through, for example, record audits and
training observations) of the authorized Outreach trainer(s) that
work(s) for the online provider.
[ssquf] Process Outreach Training Program Reports (OTPRs) and
requests for 10- and 30-hour Outreach student course completion cards.
[ssquf] Oversee online providers to ensure compliance with OSHA
requirements. These requirements include, for example, the existing
OSHA Outreach Training Program Requirements and Outreach Training
Program Industry Procedures, as well as a new OSHA Directive for Online
Outreach Training Program Consortiums that OSHA would develop if it
adopted the consortium model.
E.1 Do you agree that the OTI Education Center should have the
responsibilities listed above under the consortium model?
[ssquf] If so, do you believe OSHA has adequately stated all
responsibilities the OTI Education Center should have? Please explain.
[ssquf] Explain any other, or different, responsibilities you think
the OTI Education Center should have.
F. Responsibilities of the Online Provider Under the Consortium Model
Under the Model, the online provider (a required consortium
collaborator) would typically be the course content developer,
provider, and advisor on the technical aspects of online training.
Thus, the online provider would be responsible for:
[ssquf] Technical aspects, including system capabilities and
requirements, system controls, data security and privacy, user
authentication, and IT customer support.
[ssquf] Curriculum and training content, including development and
delivery method, along with ensuring training content is current,
relevant, and complies with OSHA Outreach Training Program requirements
and procedures and industry-specific procedures.
[ssquf] Program management, including administering registration,
maintaining records (e.g., student training record retention),
reporting training to and requesting Outreach student course completion
cards from the OTI Education Center, ensuring compliance with
geographic jurisdiction and authorized Outreach trainer status
requirements; collecting tuition and fees, and providing customer
service. Program management would also include hosting registration and
other student records on a Shareable Content Object Reference Model
(SCORM) or Aviation Industry CBT Committee (AICC) compliant Learning
Management System (LMS).\3\
---------------------------------------------------------------------------
\3\ Electronic learning (e-learning) software applications use
industry-recognized technical standards to ensure interoperability
between online learning content and learning management systems
(LMS). Both SCORM and AICC are technical specifications widely
accepted within the e-learning community. OSHA training content is
SCORM-compliant.
---------------------------------------------------------------------------
[ssquf] Establishment and maintenance of a permanent website
landing page dedicated solely to the online provider's authorized
online Outreach course/class offerings. This requirement would not
limit or restrict the provider's ability to use media other than the
landing site (e.g., other websites) to market or advertise either OSHA-
authorized Outreach courses or other occupational safety and health
training available through the provider. Rather, the landing page would
serve as a one-stop portal or point of entry for the public to access
OSHA-authorized online Outreach training. OSHA might also require that
the landing page contains copies of the OSHA approval documents
authorizing the course, or other verification mechanisms (hyperlinks to
https://www.osha.gov), to assure the public of the authenticity of the
course.
F.1. Do you agree that the online provider under the Model should
have the responsibilities listed above?
[ssquf] If so, do you believe OSHA has adequately stated all
responsibilities the online provider should have? Please explain.
[ssquf] Explain any other, or different, responsibilities the
online provider should have.
[ssquf] What common elements should be required on an authorized
online provider-landing page?
[ssquf] What additional verification mechanisms that demonstrate
the training is recognized as an OSHA
Outreach Training Program should OSHA consider requiring online
providers to make available to interested students?
G. Responsibilities of OSHA Under the Consortium Model
Under the Model, OSHA (a required consortium collaborator) would
have final authority over the consortium and its partners in accordance
with OSHA requirements. Requirements include, for example, the existing
OSHA Outreach Training Program Requirements and Outreach Training
Program Industry Procedures, as well as a new OSHA Directive for Online
Outreach Training Program Consortiums that OSHA would develop if it
adopted the consortium model. Thus, OSHA would:
[ssquf] Be responsible for approving and authorizing consortiums
providing online training.
[ssquf] Conduct monitoring and investigations of all consortium
members to ensure compliance with OSHA Outreach Training Program
requirements and procedures.
[ssquf] Have authority to take corrective action and adverse action
(up to and including dissolution of the consortium) for violations of
OSHA requirements.
[ssquf] Design, develop, and host the sole, official dedicated page
on the OSHA website, that is clearly identifiable and easily accessible
to the public, to direct and link the public to a comprehensive list of
all OSHA-authorized online Outreach training providers.
G.1. Do you agree that OSHA should have the responsibilities listed
above under the consortium model?
[ssquf] If so, do you believe OSHA has adequately stated all the
responsibilities OSHA should have? Please explain.
[ssquf] Explain any other, or different, responsibilities you think
OSHA should have.
H. Responsibilities of the Optional Stakeholder Under the Consortium
Model
Under the Model, the Stakeholder (an optional consortium
collaborator) would be an organization (e.g., a labor union or
employer) that is interested in developing and offering online Outreach
training to only its members or employees. Thus, a stakeholder, if
there is one, would:
[ssquf] Develop and/or review curriculum content specific to its
industry/organization. The stakeholder might develop the industry-
specific or targeted audience curriculum, collaborate with, or act as
an advisor to, the online provider who would develop the content.
[ssquf] Ensure only the stakeholder's members or employees have
access to the training.
[ssquf] Oversee all elements of student training.
H.1. Do you agree that the optional stakeholder should have the
responsibilities listed above under the consortium model?
[ssquf] If so, do you believe OSHA has adequately stated all the
responsibilities the optional stakeholder should have? Please explain.
[ssquf] Explain any other, or different, responsibilities you think
the optional stakeholder should have.
I. Termination of Consortium Agreements
Under the consortium model, OSHA might permit any member of a
consortium to request OSHA to terminate the agreement. For example, a
consortium member might request OSHA to terminate the agreement because
of non-compliance by one or more members. After an investigation, OSHA
would determine whether to terminate the consortium agreement. OSHA
would terminate the agreement in accordance with the procedures it
adopts for dissolution of consortiums.
I.1. Do you agree with OSHA's intent to allow any member to request
OSHA to terminate a consortium agreement?
[ssquf] If so, please explain.
[ssquf] If no, please explain why a termination provision is not
recommended.
I.2. Under what conditions should OSHA terminate a consortium
agreement? Should OSHA terminate an agreement whenever any consortium
member requests termination regardless of the reason? Should some
requests for termination be rejected depending on which member requests
termination or the reason given for the request? Should some reasons be
cause for termination if proffered by certain members but not by
others? Please explain.
I.3. What concerns/issues may arise with terminating a consortium
agreement prior to its expiration date? Please explain.
J. Expiration Dates of Consortiums
OSHA is considering requiring each consortium agreement to have an
initial expiration date of one or two years from the date of the
agreement. OSHA might permit consortium members to renew the agreement
in up to five (5) year increments.
J.1. Should there be an initial expiration date for consortium
agreements? Please explain.
J.2. If you believe there should be an initial expiration date for
consortium agreements, what should the initial expiration date be?
Please explain.
J.3. Should OSHA allow agreements to be renewed? Please explain.
J.4. If you believe OSHA should allow agreements to be renewed,
what should be the renewal period? Please explain.
K. Whether OSHA Should Adopt Minimum Technical Specifications for
Online Delivery of Training Content
OSHA is considering minimum technical requirements for online
delivery of OSHA Outreach classes to ensure accessibility and
consistently reliable delivery of training to end users. These minimum
technical requirements might follow training and industry best
practices for online delivery, while permitting providers the
flexibility to leverage emerging technologies. OSHA would have final
approval of consortium partners' recommendations for technology
changes. OSHA is considering minimum technical requirements in several
areas, including online provider system requirements and capabilities,
system controls, and user authentication.
Online Provider System Requirements and Capabilities
OSHA is considering requiring online providers to:
[ssquf] Ensure bandwidth is sufficient for a large volume of users.
[ssquf] Ensure selected web-authoring tools have the capability to
program and publish responsive courseware to accommodate a variety of
electronic devices and operating system software.
K.1. Are the above system requirements and capabilities reasonable
and sufficient? Please explain.
K.2. What additional online provider system requirements and
capabilities are needed or should be considered? Please explain.
System Controls
OSHA is considering requiring online providers to incorporate
specific system controls in their course offerings, including but not
limited to, the following:
[ssquf] Ensuring OSHA-required instructional contact times (seat
times) are met (e.g., ensuring both minimum contact time(s) for topics
and overall course instructional time(s) are met; requiring a system
time-out after the student is inactive for a specific period of time;
and establishing a maximum of 7.5 hours of online training per 24-hour
period).
[ssquf] Using lockout mechanisms to ensure compliance with OSHA
requirements (e.g., ensuring training
does not exceed 6 months and students cannot access training from
geographic exclusion areas).
[ssquf] Ensuring users do not save, download, or conduct screen
captures of training content and testing screens.
[ssquf] Incorporating system controls that detect and prevent
program intrusions, hacks, or workarounds. OSHA believes these system
controls are especially important because workarounds, such as video
clips that show how to circumvent training sessions, have been posted
on public social media and other websites.
[ssquf] Prioritizing and ensuring user data security and privacy,
and having a written policy that explicitly prohibits selling or
transferring student information or data.
[ssquf] Ensuring bookmarking functions and course mapping access
are operational.
K.3. What system controls exist to ensure the above requirements?
Please provide as much detail as possible. Also, please indicate
whether the system controls listed in your response are industry-
recognized.
K.4. Are there any weaknesses or vulnerabilities in the system
controls you discussed in question K.3.?
User Authentication
OSHA is considering requiring online providers to incorporate
Multi-Factor Authentication (MFA) mechanisms for access to online
Outreach courses, and requiring end users to complete periodic MFA
checks throughout training delivery sessions. OSHA might also require
that MFA mechanisms meet industry best practices; that MFA ensures end
users' digital identity verification measures adhere to stringent
standards; and that MFA ensures training is completed by the student,
and not a surrogate.
K.5. What level of MFA is appropriate for online Outreach classes
(e.g., banking, healthcare, retail business purchases, other)? Please
explain.
K.6. What organization(s) should determine industry best practices
or certify MFA integrity? For example, should MFA criteria set by the
National Institute of Standards and Technology (NIST) be employed to
determine industry best practices? Should MFA integrity be certified by
NIST? Are there any other organizations that should determine industry
best practices or certify MFA integrity? Please explain.
L. Whether OSHA Should Adopt Requirements for Validating Online
Curriculum and Training Content
OSHA is considering requirements to ensure online training under
the Model is consistent with OSHA Outreach Training Program
requirements, procedures, and policies, and that authorized training
programs are revised in a timely manner when program or agency
requirements or policies change. These provisions would include, but
not be limited to, the following:
Maintaining Curriculum Content
OSHA is considering requiring online providers and stakeholders to
be accountable for ensuring online training content is current,
relevant, and compliant with current Outreach Training Program
requirements and industry-specific procedures.
Timelines and Processes To Ensure Content/Curriculum Is Updated as OSHA
Implements Policy Changes
OSHA currently requires authorized Outreach trainers to adhere to
routine policy changes within 90 days of a requirement and procedure
release date. Cases of emergent or priority policy changes may require
more immediate implementation. For example, OSHA revised the mandatory
Introduction to OSHA training module to reflect new reporting
requirements in OSHA's recordkeeping standard, 29 CFR part 1904
(including, for example, a new requirement to report instances of
workplace amputations within 24 hours of finding out about them), and
subsequently directed Outreach trainers to begin delivering that
revised content in an accelerated timeframe. OSHA regularly provides
course updates, revisions, and program policy and procedures that
include timeframes and implementation dates for instructor-led
training. OSHA is considering similar requirements for online providers
and stakeholders.
L.1. Is 90 days a reasonable time for an online provider and
stakeholder to update/revise curriculum content to stay in compliance
with routine policy changes? Please explain.
L.2. What accountability mechanisms or approach should OSHA
consider to ensure training content is current, relevant, and compliant
with agency timeframes? Please explain.
L.3. What timeframes are reasonable for implementation of
immediate, priority, or emergent program or policy changes? Should
OSHA's timeframes for immediate, priority, or emergent program or
policy changes be set on a case-by-case basis (depending on the
particular priority or emergency)? Please explain.
Student Assessment Strategies
OSHA is considering requiring online providers and stakeholders to
be accountable for ensuring online learning courses assess student
achievement of the learning objectives. If OSHA adopts such
requirements, OSHA is considering requiring that practice and test
questions/items be programmed as follows:
[ssquf] Practice questions would be required; therefore, they would
need to be programmed so students cannot advance through the course
without providing the correct answer. Additionally, these items would
need to be programmed to provide immediate feedback to students for
both correct and incorrect responses. Students would need to be able to
determine how they are doing in the course. Note that because this
would be part of the learning, the correct answer would need to be
provided in the feedback prompt to get students back on the right path
as soon as possible.
[ssquf] Knowledge test questions at the end of each lesson/module
would be required. Students would need to achieve a score of 100% to
successfully complete the online course. Remediation for each question
would need to be programmed so students could review the topic and
attempt the knowledge test question again, until answered correctly.
L.4. Are the strategies listed above sufficient and reasonable to
ensure achievement of online learning objectives? Please explain.
[ssquf] For example, is requiring practice questions/items to be
answered correctly sufficient to help students determine how they are
doing in the course? Please explain.
[ssquf] As another example, is requiring a 100% test score a
sufficient way to confidently measure students' achievement of the
online learning objectives? Please explain.
L.5. Are there any student assessment strategies, other than those
listed above, which can be applied to ensure the achievement of online
learning objectives? If so, please explain.
Ensuring Appropriate Levels of Interactivity
OSHA is considering requiring online providers and stakeholders to
be accountable for ensuring an appropriate level of interactivity is
incorporated into online training. OSHA could structure this
requirement around the four levels of interactivity OSHA uses for web-
based training. The below table describes these levels of
interactivity:
Levels of Interactivity
------------------------------------------------------------------------
Level Description
------------------------------------------------------------------------
Level I--Passive............................ Student acts solely as a
receiver of information.
Student must read the
text on the screen or
view graphics such as
illustrations, charts,
and graphics and use the
navigational buttons to
progress forward through
the program or move back.
An example of this type of
online product may also
contain pop-ups and
hyperlinks to web sites,
materials, and other
information interspersed
between text and graphic
presentations.
Level II--Limited Interaction............... Student makes simple
responses to
instructional cues. The
online product includes
learning activities
listed in Level I as well
as multiple choices, drop-
down lists, and labeling.
An example would be an
online product that
includes these types of
test items at the end of
a unit of instruction to
test student's grasp of
the information.
Level III--Complex Participation............ Student makes a variety of
responses using varied
techniques in response to
instructional cues.
Responses would include
those listed for a Level
II--Limited Interaction
as well as text entry
boxes and manipulation of
graphic boxes to test
assessment of the
information presented.
An example is data entry
online training where the
process is displayed and
then the user is
challenged to complete
the process by entering
information into empty
process fields instead of
just selecting from a
multiple choice answer
list.
Level IV--Real Time Participation........... Student is directly
involved in a life-like
set of complex cues and
responses. This involves
engaging the student in a
simulation that mirrors
the work situation with
stimuli-and-response
coordinated to the actual
environment.
Examples of this type of
online product include
virtual reality, or use
of artificial
intelligence similar to
computer games and flight
simulators.
------------------------------------------------------------------------
If OSHA adopts this structure for online training, OSHA would
require online providers to incorporate a certain percentage of higher-
level interactive training (e.g., Level IV as opposed to Level I) into
online training programs.
L.6. Is the above structure feasible for ensuring there is
appropriate interactivity in online courses? Please explain.
L.7. If you believe the above structure is feasible for ensuring
there is appropriate interactivity in online courses, what percentages
should be allotted for each level of interactivity? What percentage of
the course should be held at Level I? Level II? Level III? Level IV?
Please explain.
L.8. Are there levels of interactivity, other than those listed
above, for ensuring online providers incorporate appropriate
interactivity in online courses? Please explain.
Ensuring Student Engagement While Meeting Required Training Timeframes
L.9. Should OSHA consider requiring online providers and
stakeholders to include additional interactive activities to actively
engage students who quickly grasp the information to ensure they meet
minimum required seat times for the 10- and 30-hour courses?
L. 10. Should there be technical requirements that measure total
topic activity in a way other than screen time?
Ensuring Adult Learning Principles Direct the Design and Development of
Content
An adult learning principle is that adults learn by doing.
Therefore, OSHA is considering requiring online content to be developed
using the one-third to two-thirds (\1/3\:\2/3\) instructional strategy
approach. This approach allows for (\1/3\) of the course to be
presentation of the learning and (\2/3\) of the course devoted to
practice of the learning, with feedback to the learner indicating their
progress. Online content developers/providers would achieve this
requirement using the Levels of Interactivity described above as a
guide: Level I for the presentation portion; and Levels II-IV for the
practice portion.
L.11. Should OSHA require online content to be designed using
specific adult learning principles, such as the principle that adults
learn by doing? Please explain.
L.12. Is requiring the \1/3\:\2/3\ instructional strategy to
support an active training method feasible? Please explain.
M. Ensuring Program Management and Strengthening Program Oversight
OSHA is considering a level of agency oversight of online Outreach
course delivery comparable to existing agency oversight of instructor-
led, classroom outreach course delivery. Specifically, OSHA is
considering implementing program rules that are specific to online
Outreach training in several areas, including, but not limited to
setting course tuition and card processing fees, prohibiting resellers,
prohibiting pass through agreements, prohibiting multi-branded
offerings, and establishing program administrative requirements.
Setting of Course Tuition and Card Processing Fees
OSHA is not considering setting prices for online Outreach courses.
Thus, for example, an online provider would be able to set the overall
price for its online 10-hour general industry Outreach course offered
by its consortium. OSHA believes however, the fee charged by OTI
Education Centers for Outreach card processing must be the same for all
OSHA Outreach Training Program courses, whether those courses are led
by an instructor in a classroom or taken online. The fee for Outreach
card processing is currently $8.00 per card (subject to change).
OSHA is considering enforcing assessment of identical card
processing fees--whether the cards are received through completion of
Instructor-Led Training (ILT) or online delivery--regardless of online
vendor, ILT class provider, or which OTI Education Center processes the
card request.
M.1. Should card-processing fees be listed or identified during
online registration?
M.2. How can consortium collaborators demonstrate to OSHA that the
card-processing fee per student complies with program requirements?
Potential Prohibition on Resellers, Pass Through Agreements, Multi-
Branded Offerings
OSHA is concerned that certain practices could result in confusion
among customers as to the origin and content of online courses. OSHA is
considering adopting requirements that would reduce this confusion,
including, for example, prohibiting the use of reselling, pass through
agreements, and multi-branded offerings. Reselling and pass through
agreements allow a student to purchase and access an online course
through a secondary party or secondary-tiered provider (i.e., the
reseller, which in this context, might include any entity (e.g., an
affiliate or business partner)
other than the online provider or stakeholder itself, or any websites
operated by such entities). Multi-branded offerings include OSHA
Outreach-like training that is similar, but not equivalent, to OSHA
Outreach Training Program training. Multi-branded offerings do not
result in the student receiving a legitimate 10- or 30-hour Outreach
course completion card.
M.3. Do you agree the practices discussed above generate confusion
for members of the public who wish to complete online OSHA Outreach
Training Program classes? Should OSHA prohibit these practices? Please
explain.
M.4. Should OSHA consider incorporating requirements and other
controls to limit public misinformation or confusion? Please explain.
M.5. What actions should OSHA take against consortium partner
practices that mislead the public? Please explain.
Program Administrative Requirements
OSHA is considering requiring online providers to establish and
implement policies and procedures for administration of the Online
Outreach Training Program. For example, OSHA might require online
providers to establish and implement policies and procedures for:
Hosting online courses in a capable Learning Management System;
retaining student training records; compiling, collating, and
submitting training reports and other information or data; requesting
Outreach student course completion cards; administering the online
training registration process; ensuring compliance with geographic
jurisdiction requirements; and monitoring user experience.\4\
---------------------------------------------------------------------------
\4\ OSHA Outreach Training Program classes may generally only be
conducted in training locations within the geographic jurisdiction
of the Occupational Safety and Health (OSH) Act. The geographic
jurisdiction of the OSH Act is limited to the 50 U.S. States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, Wake Island, Outer Continental Shelf Lands defined
in the Outer Continental Shelf Lands Act, and Johnston Island.
---------------------------------------------------------------------------
OSHA is also considering requiring customer service to be the
responsibility of the online provider through its authorized Outreach
trainer(s). To ensure satisfactory customer service, OSHA is
considering requiring responses to inquiries about the following types
of issues within 24 hours: Technical support; course curriculum; and
Outreach student course completion cards.
M.6. Do you agree OSHA should institute the program administrative
requirements listed above? Please explain.
M.7. What are industry best practices for a capable Learning
Management System? Please explain.
M.8. What policies and procedures for a capable Learning Management
System should OSHA require? Please explain.
M.9. What policies and procedures for student record retention
should OSHA require? Please explain.
M.10. What types of training reports (e.g., reports on the number
of students trained, number of classes offered, average course
completion rates, etc.) will best serve the interests of the
consortium? Please explain.
M.11. What policies and procedures for requesting Outreach student
course completion cards should OSHA require? Please explain.
M.12. What policies and procedures for online training registration
process should OSHA require? Please explain.
M.13. What policies for ensuring training complies with geographic
jurisdiction requirements should OSHA require? Please explain.
M.14. What policies and procedures for ensuring timely and high
quality customer service should OSHA require? Please explain.
N. Additional Information
OSHA has listed within this RFI the majority of issues the agency
has encountered with the current model of delivering online OSHA
Outreach Training Program courses, described an alternative to the
current model OSHA is considering, and also described additional
requirements OSHA is considering placing on the provision of online
Outreach Training Program training. The information OSHA discussed in
this Request for Information is not intended to be all-inclusive and
may not address all public or stakeholder concerns.
N.1. Is there any additional information, or are there any public
or stakeholder concerns, not contained in this RFI, that OSHA should
consider? If so, please explain.
IV. Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice pursuant to 29 U.S.C. 653 and 670(c)(1), and Secretary's Order
1-2012 (77 FR 3912, Jan. 25, 2012).
Signed in Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-21943 Filed 10-7-19; 8:45 am]
BILLING CODE 4510-26-P
