Occupational Safety & Health Administration

OSHA Withdraws Proposed Rule Amending On-site Consultation Program

The Occupational Safety and Health Administration (OSHA) announced its decision to withdraw a proposed rule to amend its regulations for the federally-funded On-site Consultation Program. OSHA is withdrawing this rule based on stakeholder concerns that proposed changes, though relatively minor, would discourage employers from participating in the program.

What OSHA Regulations Are in the Pipeline

“The On-site Consultation Program, including recognition through the Safety and Health Recognition Program, is a valuable way to assist small-business employers who are working to improve their workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We remain committed to encouraging participation in this program.”

The Notice of Proposed Rulemaking for 29 CFR 1908, Consultation Agreement, published Sept. 3, 2010, provided clarification of the length of the exemption period provided to “recognized” sites that have been removed from OSHA’s programmed inspection schedule and the initiation of certain unprogrammed inspections at both sites that have achieved recognition and sites undergoing a consultation visit.

See the Federal Register notice on the withdrawal of proposed rule.

OSHA administers and provides federal funding for the On-site Consultation Program, which offers free and confidential safety and health advice to small- and medium-sized businesses across the country, with priority given to high-hazard worksites. Employers who successfully complete a comprehensive on-site consultation visit, correct all hazards identified during the visit and implement an ongoing safety and health program to identify and correct workplace hazards may achieve status in OSHA’s Safety and Health Recognition Program (SHARP). Exemplary employers who receive SHARP status receive an exemption from OSHA’s programmed inspection schedule during a specified period.

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