Outreach Training Program Investigation and Review Procedures

Revised March 2024

1. Background

   The Outreach Training Program is the Occupational Safety and Health Administration's (OSHA) voluntary hazard awareness training program. The program is designed to promote workplace safety and health by making workers more knowledgeable about workplace hazards and their rights. It provides workers with information about OSHA, and teaches them about their rights, employer responsibilities, and how to file a complaint as well as how to identify, prevent, and abate job-related hazards. Trainers authorized through the OSHA Outreach Training Program and any organization acting on behalf of the trainer (or the training organization) must conduct Outreach Training classes in accordance with (1) the current Outreach Training Program Requirements; (2) the current General Industry Procedures, Construction Industry Procedures, Maritime Industry Procedures, or Disaster Site Worker Procedures, as applicable; and (3) other program guidance issued by OSHA.

   It is the responsibility of every Outreach trainer and training organization to adhere to the current Program Requirements, applicable Industry Procedures, and other program guidance. Failure to comply may necessitate corrective action, up to and including the revocation of authorization to conduct or provide training under the OSHA Outreach Training Program.

   As outlined below, OSHA may take corrective action including probation, suspension, or revocation of an Outreach trainer's (or training organization's) authority to conduct OSHA Outreach Training Program classes and to distribute course-completion cards to students for failure to comply with the Program Requirements, applicable Industry Procedures, and other program guidance. OSHA may also publish the names of trainers and training organizations that have been subject to suspension or revocation on its public OSHA Outreach Trainer Watch List.

2. Fact Finding

   The Branch Chief for the OSHA Training Institute (OTI) Education Centers and Outreach Training Program (Branch Chief) shall review instances in which an Outreach trainer (or a training organization) may not be in compliance with current Program Requirements, applicable Industry Procedures, and/or other program guidance. The Branch Chief shall seek and collect all available information and request additional information from OTI Education Centers, other persons, and other organizations. In conducting fact-finding, the Branch Chief may, at their discretion, seek and collect information from the Outreach trainer or training organization under investigation. The Branch Chief shall create an investigative file to include all available and relevant material in the investigation.

   The Branch Chief may contact OSHA Regional Offices for assistance in the investigation. An OSHA Regional Office may assign staff to investigate allegations of misconduct and to forward any information collected during the investigation to the Branch Chief.

   The Branch Chief, in consultation with the Director of the Division of Training Programs and Administration (DTPA) and the Director of the Office of Training and Education (OTE), may exercise discretion to suspend the trainer's (or the training organization's) authority to conduct OSHA Outreach Training Program classes and to receive student course-completion cards until the conclusion of the investigation. Should a trainer's authority to conduct OSHA Outreach Training Program classes be suspended, OSHA may include the trainer's name on the OSHA Outreach Trainer Watch List.

3. Notification of Alleged Noncompliance

   The Branch Chief shall notify the Outreach trainer (or the training organization) regarding any allegations of failure to comply with the Program Requirements, applicable Industry Procedures, and/or other program guidance. The Notification shall: (1) name the Outreach trainer (or the training organization); (2) provide a clear and concise description of the facts and circumstances that constitute the basis for the allegations; (3) inform the Outreach trainer (or the training organization) of the due date of the response; and (4) advise that a Decision by Default may be rendered against the Outreach trainer (or the training organization) if a timely response is not filed.

4. Outreach Trainer Response

   The Outreach trainer (or training organization) shall be given an opportunity to respond to the Notification of Alleged Noncompliance. Such a response must contain any arguments and/or evidence that the Outreach trainer or training organization believes address the allegations raised in the Notification. To be timely filed, OSHA must receive the response to the Notification within fifteen calendar days from the date the Notification is received by the trainer (or training organization).

5. Decision by Default

   In the absence of a timely response by the Outreach trainer (or the training organization) to the Notification, OSHA may issue a Decision by Default. This will result in an indefinite suspension, until the trainer or the training organization responds to the Notification, and the trainer's name will be placed on the OSHA Outreach Trainer Watch List in the status of "suspension" (a training organization's name will be removed from the list of authorized providers). Alternatively, OSHA may opt to issue an Initial Decision in accordance with paragraph G. below.

6. Voluntary Termination

   If at any point prior to the conclusion of the investigation, or after the issuance of a decision by default, an Outreach trainer chooses to voluntarily terminate their authorized status instead of responding to the Notification of Alleged Noncompliance, they may do so in writing. This written statement must unequivocally state that the trainer agrees not to seek reauthorization in the future. The trainer must also surrender their authorized Outreach trainer cards to OSHA when they submit their written statement. Voluntary termination is considered a permanent revocation and the trainer's name will be placed on the OSHA Outreach Trainer Watch List in the status of "revocation."

   If after voluntary termination, the trainer seeks, or attempts to seek, reauthorization in the future, OSHA will reopen the investigation and pursue additional corrective action, up to and including revocation and debarment from future participation in the OSHA Outreach Training Program.

7. Initial Decision

   At the conclusion of the investigation, the Director of DTPA shall issue an Initial Decision. The Director of DTPA shall consider all available and relevant material in the investigative file, as well as any arguments and/or evidence submitted by the Outreach trainer (or the training organization), when rendering the Initial Decision. The Initial Decision shall include a statement of findings and conclusions, impose appropriate corrective action, and inform the trainer or training organization of the right to appeal the Initial Decision to the Director of the Office of Training and Education (OTE).

8. Appeal

   The Outreach trainer (or the training organization) may appeal the Initial Decision to the Director of OTE. The appeal must include specific reasons why the Initial Decision should be modified or reversed. To be timely filed, the appeal brief/statement must be received by the Director of OTE within fifteen calendar days from the date the Initial Decision was received by the trainer or training organization.

9. Final Decision

   The Director of OTE shall issue a final decision after the time for filing a timely appeal has run. The Director of OTE shall review an appeal (if there is one) and may consult OSHA staff to assist in the review, but shall exercise independent judgment when rendering a Final Decision. The Director of OTE shall consider all available and relevant material in the investigative file, as well as any arguments and/or evidence submitted by the Outreach trainer (or the training organization), when rendering the Final Decision. The Final Decision shall affirm, modify, or reverse the Initial Decision, and/or remand it for further investigation. The Final Decision shall advise that no further review will be available within the Department of Labor.

10. Corrective Action/Effect of Probation, Suspension, or Revocation

    A Final Decision may subject the Outreach trainer (or training organization) to corrective actions, including, but not limited to, probation, suspension, or revocation of their Outreach trainer authorization. In the event of suspension or revocation, the trainer's (or training organization's) name will be placed on the OSHA Outreach Trainer Watch List. OSHA will advise its OTI Education Centers of the status of trainers and training organizations on probation, suspension, or revocation.

    1. Probation

       Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, before any suspension or revocation of an Outreach trainer's (or training organization's) authorization, the Outreach trainer may be afforded the opportunity to demonstrate or achieve compliance with the Program Requirements, applicable Industry Procedures, and other program guidance through a probationary period.

       In cases where the Final Decision recommends probation, the Outreach trainer (or the training organization) may continue to offer and teach classes through the OSHA Outreach Training Program and to receive student course-completion cards provided the Outreach trainer (or training organization) complies with the terms of the probation which may include, but are not limited to, the following:

       • Advance notification of all planned OSHA Outreach Training Program classes;
       • Submission of advance copies of all promotional materials (including hard copy, electronic, and website) related to the Outreach trainer's OSHA Outreach Training Program classes; and
       • Submission of any additional class documentation or detailed records for each class conducted, as requested.

       Probation ends at the conclusion of the time period stated in the Final Decision. Trainers (or training organizations) are not required to request reinstatement at the conclusion of their probation.

    2. Suspension

       If the Final Decision imposes suspension, the Outreach trainer (or training organization) may not conduct any OSHA Outreach Training Program classes during the suspension period. The Final Decision may require the Outreach trainer (or training organization) to request reinstatement when the suspension has been completed. Following reinstatement, the Outreach trainer (or training organization) may be placed in probationary status and subject to appropriate probationary terms.

    3. Revocation

       If the Final Decision imposes revocation, the Outreach trainer (or training organization) is permanently barred from conducting or offering any class under the OSHA Outreach Training Program. Those whose authority has been revoked are not eligible for reinstatement.

11. Reinstatement

    Trainers and training organizations under suspension may request reinstatement following the end of the prescribed suspension period. Additional terms, including a probationary period, may apply to the reinstatement.

12. OSHA Outreach Trainer Watch List

    OSHA publishes the OSHA Outreach Trainer Watch List, which contains individuals whose authority to conduct OSHA Outreach Training Program classes has been suspended or revoked as a result of failing to comply with the Outreach Training Program Requirements, applicable Industry Procedures, or other program guidance. Training organizations whose authority to conduct OSHA Outreach Training Program classes has been suspended or revoked as a result of failing to comply with the Outreach Training Program Requirements, applicable Industry Procedures, or other program guidance will be removed from the list of authorized providers.

13. Review of Procedures

    OSHA will revise these procedures as warranted.