Document 0gq5NmLO2J519joX3y01QgaBJ

ABD00001347 Federal Register / Voi 53, No. 133 / Tuesday. July 12. 1988 / Notices 2833T ^formation as the warning statements 1 Stroup. Exhibit 73-42 fifiequired by this paragraph. Jwjy ^4} Material safety data sheets* (i) employer who uses focmakiehyde- 2. Acheson et aL Exhibit 42-1 3 Blair et aL (recent NCI report) 4 Olsen et al Exhibit 73-36 Jf&. containing materials that constitute a In addition, formaldehyde has been tested j; * ^eaitn hazard as defined in this *' * standard shall comply with the 7' Requirements of 29 CFR I9l01200(gj ^th regard to the development and ''updating of Material Safety Data Sheets (ii) Manufacturers, importers, and ` distributors of formaldehyde containing materials that constitute a health hazard " a9 defined in this standard shall assure ttf&tbat Material Safety Data Sheets and apdated information are provided to all and snown to cause cancer m three separate atumal studies by CUT (Exhibit 42-131). New Yorx University (Exhibits 42-3.42-4) and (Exhibit 73-146) Cenotoxaty baa also been documented through several short term assays Health professionals must employ a large measure of judgment when making decisions about the appropriateness of a label waning They must keep in mind that the HCS is primarily an information standard and as such expresses an attest to disclose employers purchasing such materuls at information rather than, to withhold _ . the time of the initial shipment and at the time of the first shipment after a 'Material Safety Data Sheet a updated. :Signed at Washington. DC tha 6thday of Iuly.1988. Theresa M. O'Malley. c -'Acting Department^ Clearance Officer. ,, Appendix OL Memo to the Field-- informstwo. Accordingly label warnings stating the carcinogenic potential tor formaldehyde will generally be required under (ha HCS The specific words or phraaaa osad to warn of formaldehyde cazcmogendty wiB vary. Compliance officers should expect to see warnings such as "CARGNOCEN." -POTENTIAL CARCINOGEN." and -ANIMAL CARCINOGEN." Others will ,_7'_ labeling of FfrrmalrinhydfrTlonraining .>>* Products Under the Hazard p-~ rrxmn^nnW-aK^rv Standard incorporate modifying statements sod es -INCONCLUSIVE EVIDENCE OF HUMAN CARQNOCENOTY"Widetodtade sfcoaM September 9.1986. be permitted as tongas thelabelbeing -evaluatedwarns of Hit. &. MEMORANDUM FOR ALL REGIONAL ADMINISTRATORS FROM.JOHNB.MILES. JR.Director. ' Jr' Directorate of Field Operation*. SUBJECT Labeling <rfFormaldehyde (FR Doc 88-15333 Filed 7-TJ-88: 45 am} siumocooe isio-w-m Containing Products Under the Hoard ComunicaUon Standard. Several parties have asked for guidance on the eubject isaue. The Hazard Commmncaacg Standard (HCS) does not Voluntary Protection Programs To Supplement Enforcementand To Provide Safe and Healthful Working Conditions; Changes establish a dear threshold for the mduston of hazard warnings on product labels. The term 'appropriate hazard warning" found under 29 . CFR 1910.1200$ i the determining factor in agency: Occupational Safety and Health Administration (OSHA); Labor. I-' the standard's labeling requirements. action: Clarifications to the voluntary ' While it is not the Agency's intent to protection programs (VPP) regarding l t- provide specifications that might erode the standard's inherent flexibility, it to nacawary _ injury rates and-refarafe. to establish guidelines to auaura m - oui enforcement evaiuafioetgf employer. fc - originally on. May 16.1986 and further refined summary: Documentation retention duration, applicability of the- . requirements tt> small businesses. Star recently an July IS rnOSHA Instruction GPE * construction end Merit fhjaej rates, 2-2J8Aand CPL r-Z38A CK-T (pages A-T2 frequency oo consultation safety -through A-tSJ. Thegntdeilnea provfde criteria thatare smamatfsed in Table1 of1h . directive oo pageA-SLThesegattettass < establish the presenceof aswgtevaHA ` pmifinn iluily hmmj.haaian miilaiM ii nf -- carcmogcmqty as a sufficientban lortha fflrlwwm nf f-arom>g#n waminywi pftvfitrt . labels. - _____ ^ committee inspection*and areas of ^generic employee participation " requirements are eferified. ad OSHA's * policy on referral for enforcement la specified. Other program requirements and OSHA responsibilities remain unchanged ' '' In a recent formaldehyde rufenrikmg*f v. proposal (50 PR 50412), die Agency 7* 'effective oate June 23, 1988. considered theepfdemfotogfeai evidence as FOR FURTHER INFORMATION CONTACT: ' suggestivebaaed oa a oonsideiatfomfaO available evidence.-Thee ge.however. severafvalid,poahure atucbea dtowfeg v * -/ _ James Foster, Room N36C7 Office of * Information and Consumer.Affairs, - humancarcuiogezudtyl.Tb*followingara.-o Occupational Safetyand Health ' >. niimKrn wfo tn .l_ -Admimstratigg. 20UConstitution : fonnaldehydedockeL.number.H225aiKf^7;' Avenue. NW,, Washington. DC20230. . J H22SAJ: - * (220)523-8148. J' SUPPLEMENTAPY INFORMATION: I. Introduction A Background The Voluntary Protection Programs (VPP), adopted by OSHA on July 2.1982 have established the credibility of cooperative action among government, industry and labor to address worker safety and health issues and expand worker protection Requirements for VPP participation are based on comprehensive management systems with active employee involvement to prevent and control the potential safety and health hazards of the site Companies which qualify generally view OSHA standards as a minimnyn level of safety and health performance and set their own more stringent standards where necessary for effective employee protection. From the beginning. OSHA has % reserved the right to use Us enforcement authority in specified instances such, as the investigation of employee (.v complaLQLs.significantaccidenfB.and i chemical leaks or spilb. On the other :! hand, OSHAlias been careful to keep separate from enforcement any' ^ " information submitted through the VPP application process, because have voluntarily requested OSHA. j. review and have voluntarily presented- - to- OSHA safety and health program. * - information not requited by law. A1984 study of private sector attitudes about , the VPP indicated that the risk most non-partiapatiog employers with VPP application was the possibility that a VPP review could lead to - enforcement action. Thathas not ever been and is not now OSHA's intent- The question has arisen as to-what ; action OSHA would takein the event',' that, dunng the course of VPP ' mteraction.it was determined that ,1_ ` employees were endangeredand the: cooperative approach, was not effective in resolving the situation. In the.first^k>,' place. OSHA bebevee that such a. situatioa would be cane; if h ever were to occur. Dunng the more then-five year history ofthe VPP, cooperation has -- * always resolved any kfentiffed>,'>fy'`i^" problems. Sinai ft fstoncefvabft^ however, that a address a mntfitmnVbidrjoiMaMj^^^ senous threat to the safety andbealA cd,' ABD00001348 26340______________ Federal Register / Vol 53. No 133 / Tuesday. July 12, 1988 / Notices VPP participants have requested Merit Program as announced in clarification on the length of time - 53FR2101 with the clarifications m the program documentation must be program requirements and OSHA maintained responsibilities Questions have ansen requiring a clarification of the time requirements for II. Rationale for Change prior site experience at construction The first change in section IILD 2 sites which are applying for Star involves a specification in the participation, necessitating a clarification In addition, a previous assurances section of management's commitment to optimum occupational change inadvertently eliminated an safety and health protection and to option for Merit construction meeting and maintaining the participation, thereby warranting a requirements for program participation. reinstatement of earlier language. This has been required as a part of A discrepancy between two sections management commitment m IH.E.5 a. addressing frequency of construction Instructions for VPP application and safety committee inspections has been review tools used by OSHA staff, noted and requires correction. however, have addressed this issue Langage intended to permit waivers of primarily m the assurances area. So that some requirements for written * VPP materials will reflect the order of procedures and documentation for small requirements listed in the Federal businesses has not been clearly Register, this assurance has been added understood. to the assurances section as Section Finally, where employee participation I S.2.a. The 'concept continues to be has been implied in the generic sensed addressed in the management that term has been used instead of die*, commitment section as well. reference to safety committees which was previously used. Where die intent \ The second change is in section ULD^-g. That section specifies the kind, was to refer specifically to safety committees, there has been no change.^ ofprogram documentation which must be maintained for OSHA review. ' Implied in previous Federal Register B. Statutory Framework. \ uj->. language was the idea that such The Occupational Safety and Health*' documentation must be kept for the Act of 197a 29 U.S.C 651 etseq. (the, *" - duration of VPP participation. In fact "Act" and the "OSH AcV*), waa enacted '.records required for VPP alone, such as "to ensure so far as possible every'- ~ documentation of self-inspection or working man and woman in die Nation safety committee activities musfbe safe and healthful working conditions retamed for a minimum of twelve and to preserve our human resources." months or until OSHA has Section 2(b) specifies the measures by communicated its decision regarding which the Congress would have OSHA program participation based on the carry out these purposes. They include results of its pre-approval review or the following provisions which establish regularly scheduled evaluation. This ~: the legislative mandate for the means that initially, documentation of Voluntary Protection Programs, r 1 * program activities for the previous twelve months is required to ' * .1(1) by encouraging employers and . demonstrate whether or not the VPP employees in their efforts to reduce the * number of occupational safety and health' - "requirements have been operational for ' the minimum nmntmf of hw Tfi! hazards at thetr places ofemployment and to stimulate employers and employees to * . documentation should be retained until institute new and to perfect existing OSHA has communicated its decision programs for providing safer and healthful i ' . regarding VPP participation in case any working conditions;" - ' j questions arise about any aspects of the "* *.(4) by building upon edvai^es - -f site program. The same type of safety 'already made through employer and ^ and health program documentation must employee initiative for providing safe and then be maintained throughout the healthful working conditions;". "* V* (5) by developing innovative*` ^ methods, tedmiques. and approachesfor dealing with occupational safety and health* problems;" - -........... \ (13) by encouraging {omt-labor-. fr- period of participation to be covered by ' the OSHA evaluation, again untile - - notification of OSHA's dedston,,-j regarding continued approval is - - received, for the reason previously management efforts to reduce injuries and 4 ~-; noted. ' - disease arising out of employment", Jt ^ This time period is now specified to . C. Structure'ofNotice-* -- -- dear up any uncertainty for .. V, participants. Some of the Uemslisted. * 'Section deals with the rationale for * such 'as'the OSHA log and industrial - `'the"changes'.V" ' ^'-tygiene recbrtia.'must also be "7" ' *'* SectionTO incorporates the cbange^fr~ maintained for periods oftime specified --the nameonhe TryTrogram'to'tB'e r," by"other regulations. * ' r ily.Z" ' The change is section HI E.4 clar the point that the length of tune th. rates for all employees at a constr. site must have been kept together most recent twelve months The previous language requiring site ra* for "the last full year" Could be ** misconstrued as referring to the preceding complete calendar year. Section III E 5 a(4) has been chan to clarify the ability of OSHA to wa formal requirements such as wntter procedures or documentation for sr business where, due to the size of t worksite and numbers of employees such formalities are unnecessary for effective functioning of safety and health management systems. It is intended that OSHA will make die * determination on a case-by-case bas after thorough review of the - --x_effectiveness of the system in quest Section OLE e. (2)(d) has beer? changed to coincide with the requirement in section QLE.b. (3Xc that construction safety committee^ inspections cover the entire wrikstt.. least monthly. Because of the coosta changing conditions at a constzncticsite, more frequent coverage oftha"entire worksite Is required to ensure prompt hazards correction thairSS*required as a'minimum for a statyc^. general industry site. Mos't general*? industry Star sites provide mote2^' frequent inspection coverage thap is required. In Section IIT.E.51 (2), N lx. (5V&c N.2.C. (6) the term "safety committee had been used as a genenc term toindicate some type of "employee -V participation." In order to reflect tins genenc connotation more accurately term "employee participation" least instead. When the VPP was adoptee 1982. the preponderance of informs^ regarding employee involvement bio safety and health programs focused c joint committees: During the agency* more than five years* experienced reviewing site programs, however^c different kinds of effective employe participation have been seen^Aflhn options are allowed. OSHAdoegSg want to limit, by its use of langnag^ type of employee partiripatioo-dia? company manychoose.-The seednd third changes, regarding emplo3e% participation in the'evaluationV5???. measures,.clarify that the effective^, of whatever type of partitipationtjk uses will be*a-major deiennininglac m contwied'VPP participation***# The changein eeetionQL3.b*{ifS| involves an injuryrate clarification! previous revision to the Vohintfif&fl Protection Programs,^ FR 7337?tipF language regarding injury ratoii^t- ABD00001349 Federal Register / Vcl 53. No 133 / Tuesday. July 12, 1986 / Notices 26 Try Program (now know as Merit] it is not anticipated that a situation of inadvertently omitted the fact that both this nature will anse. the three-year average lost workday it is not OSHA's intent to jeopardize case rate and the total recordable the cooperative relationship between - incdence rate could be above the volunteer companies and OSHA staff industry average for a general industry nor to squander enforcement resources applicant if OSHA were convinced that in pursuing tinvial concerns. It is. the applicant s planned program however. OSHA's intention that no unprovements could be expected to safety and health problem which would bring the rates down to a level at or senously endanger employees, and below the industry average in a which anyone acting in good faith would reasonable time The language has been expect to see corrected, go unresolved changed to reflect "either or both." in The careful balance between these accord with original program design. ' important needs requires an approach In response to questions from agency which emphasizes die gravity of the personnel. Section L has been revised to question and the need for consistency in mdicate how OSHA would handle selecting the best way to assure that the enforcement referrals in unlikely event that a company would refuse to resolve employees in question are protected. The agency has, therefore, determined . a safety and health issue that had been identified during the course of VPP that any referral to appropriate enforcement officials shall be decided interaction To date, no enforcement referral has been needed to protect workers at potential or participating VPP sites. There is always the potential for differences of opinion among reasonable people regarding the appropriate way to ' prevent and control hazards. The spint of cooperation engendered by VPP facilitates opendiscussionofoptions . ~and supports Joint efforts for . _ ~ ` by the Assistant Secretary. Current participants in the VPP have expressed their recognition of the need for enforcement referrals in deplorable situations that remain unresolved and have indicated their trust in OSHA to make the determination of that need appropriately. Other program requirements and OSHA responsibilities remain unchanged. determining solutions to any safety and ,health problem that may anse. When ^ jomt efforts are successful and .. ' "employees are protected, a referral is m. The Voluntary Protection Programs A. Purpose ofthe Voluntary Protection Programs unnecessary and would not be made Given the cooperative spint of the program, the need for referral is - unlikely On the other hand, one can imagine a scenano where workers could be seriously endangered and for one reason or another, management refused OSHA has long recognized that compliance with its standards cannot be itself accomplish all the goals established by the Act The standards, no matter how carefully conceived and properly developed, will never cover all unsafe activities and conditions. to make changes necessary to protect Furthermore, limited resources will .them. If that situation were to occur, it is never permit regular or exhaustive clear that OSHA would be obligated to 'ensure the safety and health of those -- 'employees, and a referral to appropnate inspections of all of the Nation's workplaces. In addition, employers and employees, because of their day-to-day -.enforcement officials would be made - /.because OSHA cannot ignore its ^'responsibility to employee safety and - ^health. - >. ~ -A - _ . experience in the'workplace, acquire a special knowledge of the processes. ' materials and hazards involved with the lob. This knowledge, combined with the % A referral to enforcement would never abihty to evaluate and address unique -'the made lightly. OSHA. in line with the hazards quickly and to provide rewards cooperative spint on which theVPP are for positive action, can be used by Abased,-would first make every effortto-.-j employers to improve workplace safety !find a mutually satisfactory solution and health in ways simply not available Iamong government'managementand jy - to OSHA. % -';,*"* -_-* ?labor. Since the companies that apply * .The purpose of the Voluntary. ~ *for VPP participation commit themselves. Protection Programs (VPP) is to 4 * ^to providing superior worker protection ' emphasize the importance o& encourage rthat goes beyond the minimum the improvement^!. and recognize . . 'requirements of OSHA jtandardsand excellence in employer-provided, site-' innce compames;that are willing id work specific occupational safety and health jVnth OSHA on a-cooperatiytfbasis are^' programs. Theseprograms 4re~'V . -unlikely to .take a negative apprbachto^- comprised of managment systems* for , Hhe"resolution of any occupational"safety' preventing or controlling occupational hndhealth.concem,as indicated ftbavej hazards. The systems hofotily ensure ~' that OSHA s standards are met. but beyond the standards to provide the best feasible protection at that site. When employers apply for and ach.eve approval for participation m VPP. they are removed from programmed inspection lists This fret OSHA's inspection resources for visit' to establishments that are less likely meet the requirements of the OSHA standards VPP participants enter int< new relationship with OSHA m whicl safety and health prob'eras can be approached cooperatively, when and they anse Participation in any of the program* does not diminish existing employer employee nghts and responsibilities under the Act In particular. OSHA dc not intend to increase the liability of party at an approved VPP site. Employees or any representatives of employees taking part in an OSHAapproved VPP safety and health program are not assuming the - -r ,,*employer's statutory or common law responsibilities for providing safe and healthful workplaces or undertaking fc any way to guarantee a safe end - -v healthful work environment' ./ - The programs included in theVPP*ar voluntary m the sense that no employ* is required to participate and thatiny employer may volunteer for appUcatto to one of the VPP. Compliance with*v OSHA standards and applicablelaws ' remains mandatory* - ~ -* ' Approval for participation is determined by the Assistant Secretary for Occupational Safety and Health. B Purpose of this Notice - This notice describes" the qualifications aitena for approval of *" participation in the Voluntary Protectfc Programs (VPP), and the condition of participation, termination of or withdrawal from participation and means of reinstate*ment - -aa- k - C Program Description 1 General . The VPP are 'voluntary program*^ which provide recognition.to qualified employers and removes those~^! f "recognized.employers" from '`Pre programmed inspection lists/They*^ emphasize the importance ofwbreaftje safety and health programs'Ufmeetinj the goal of the Act Mto assure so'faras possible every working man and worn in the Nation safe and healthfulworidr conditions' . T through official recogmtioflfof exceQenfsaf^ylu^ health programs,'asstotaqire^^ employers in the e|fortsrto'readrirl of excellence and the iise of the^^Wo ABD00001350 26342 Federal Register / VoL 53. No. 133 / Tuesday. July 12, 1388 / Notices cooperative approach to resolve safety employees at the site, such as the and health problems. general contractor or the owner The VPP consist of two major d. Organizations Representing Groups programs. Star and Merit, plus a of Small Business in the Same Industry Demonstration Program to permit OSHA will consider, for Demonstration demonstration and/or testing of Programs, applications from exnenmental approaches which differ organizations providing health and from the two established programs. In safety program services to groups of addition, wtiun the Star and Merit small businesses of the same industry Programs there are some variations (at the three or four digit SIC level) in a between genera! industry and limited geographical area All sites must construction industry requirements meet requirements and will be subj'ect to 2 Recognition onsite review By approving an applicant for 2 Assurances participation in the VPP, OSHA Applications for all VPP must be recognizes that the applicant is accompanied by certain assurances providing, at a minimum, the basic describing what the applicant will do if elements of ongoing systematic the application is approved for protection of workers at the site which participation in one of the VPP. The makes routine Federal enforcement applicant must assure that: efforts unnecessary. The symbols of this a. All the requirements for the VPP recognition are certificates of approval will be met and maintained. and the nght to use flags showing the b. All employees, including newly program m which the site is - . participating. The participant may also choose to use program logos in such items as letter-head or award items for employee contests -. In addition to removing approved worksites from programmed inspection lists (but not from valid, formal employee safety and health complaint, inspections, investigations ofsignificant chemicals spills/leaks, nor fatality/ catastrophe investigations), OSHA will provide the opportunity for a company to work cooperatively with the agency both in the resolution of safety and . health problems and in the promotion of effective safety and health problems through such means as presentations before meetings of safety and health- organizations such the National Safety Congress. Each approved site will have a designated OSHA Contact Person to - handle information and assistance'-!, `^ requests. - %; hired employees when they reach die site, will have the VPP explained to them, specifically including employee rights under the program and under the Act c. All hazards discovered through self- inspections, accident investigations or employee notification will be corrected in a timely manner. - d. If employees are given health and safety duties as part of the applicant's safety and health program, the applicant will assure that those employees will be protected from discriminatory actions resulting from the duties, just as section 11(c) of the Act protects employees for the exercise of rights under the Act e. Employees shall have access to the results of self-mspections and accident investigations upon request fin construction, this requirement may be met through the joint labor-management committee). - ' - ~ '' f. For construction, injury records for D Aspects Common to AH VPP*' 1 The Eligible Applicant ' all work done at the site whl be recorded together and the injury rates for that site wifi be maintamed at or a Site Management Management at a below tiie national average for that type site which is either independent or part of construction. ~ of a corporation can make application to " g. The information listed below will _ the VPP foMhat site* " '~JZl > be maintained and available for OSHA - ^b. Corporate ManagemehCTtie/^ ' review. It will be retained until OSHA -management of a corporatidnnfay;apply communicates its decision approving to the VPP oabehalf of.one ormqre sites VPP participation. The tame information in the corporation. This staffprovide .C~ will be retained during participation for one or more aspects of the"site safety TV evaluation purposes for the time period and health program.4 |iv- ' covered by the evaluation until OSHA' -*-a GeneraLContractors and ' communicates its decision regarding OrgahizalionsTrpvidJngOverall' continued approval for VPP .Management at.fyluhi-EmployefSites? -.participation. /' At multi-employer sites! such aSLlrithe^ (1) Written safety and health program;' construction industry/ the dnly^Bgibli^.-(2) Copies of the log ofinjuriesand * applicant fs the'one whfch'cdn coritroj illnesses end the OSHA 101 or its . safety and health conditions'of alT.-^r*10 equivalent;*'' (3) Monitoring and sampling recor applicable. (4) Agreement between manage and the collective bargaining agent(. concerning the functions of the safet committee and its organization wher applicable, 3 (5) Minutes of each committee me? where applicable, 4 (6) Committee inspection records* where applicable. .v (7) Management inspection and ^ accident investigation records. ^ (8) Records of notifications of unaa or unhealthfui conditions received fr employees and action taken, taking i account appropriate privacy interest and. .5 (9) Annual internal safety and heal program evaluation reports (describe below in EJi.) < h. Applicants for the Ment or -} Demonstration Programs must provi assurance that any data necessary ti evaluate achievement of individual^ goals not listed above will be made? available to OSHA for evaluation purposes. - - '*.- 1. Each year by February IS. the * participating site wifi send notificafc to the designated OSHA Contact Pef described under Section THAI, oftin - site's injury incidence and Iostwmkj case rates, hours worked and estints; average employment for the past full, calendar year. " ' 3 Unionized Sites When a site covered by an appher for any of the VPP has a significant portion of its employees organized b> one or more collective bargaining un. the authorized agent must either sign application or submit a signed state"mdicating that the collective bargafc. agentfs) dofes) not object to - - participation in the program. Wlthoi such concurrence. OSHA will not -approve program participation. ^ * *1 4 Inspection/Interaction History / If the applicant has been inspected the last three years, the inspection. - *2 abatement and/or any-other history c interaction with OSHA must indicate, good faith attempts <0 improve safety and health and indode no upheldvnT violations duringthose last threeyc r - --* ---* if . r i v-' He StarProgram " `,yV- 1. Purpose*-*':.^ The Star Program is based on'tlie" characteristics of the most comperehenslve'shfety and health-T programs usedfiyAmerican industry; aims to recogo&e leaders in Injury's; Illness preventiorTprograms who habeen successful EntedQdng workpU- ABD00001351 r Federal Register / Vol. 53, No. 133 / Tuesday. July 12. 1983 / Notices 26343 plaxards and to encourage others to ^0rk toward such success evaluation of supervisors: and a system for rewarding good and correcting '*> Term of Participation ' The term for participation in an aporoved Star Program is unlimited, contingent upon continued favorable triennial evaluation In the construction deficient performance (i) The general industry applicant must have a documented system for holding all line managers and supervisors accountable for safety and health industry, participation is ended with the (u) The construction applicant must completion of construction work at the demonstrate that, at a minimum, the project manager and contractor * 3. Experience All elements of the safety and health program must be in place and have been implemented for a period of not less than twelve months before Star approval at both general industry and construction sites Adequate written superintendents are held accountable for safety and health conditions within their areas of responsibility. - (c) Resources. Commitment of adequate resources to workplace safety and health, in staff, equipment, promotion, etc.. (d) Management Involvement Top __ guidance must be available prior to Star management involvement in worker approval. safety and health concerns, including c4. Results 1 The general industry applicant must have an average of both lost workday injury case rates and injury incidence rates for the most recent three-year , penod at or below the most recent spectfic industry (at the three or four clear lines of communication.with employees and setting an example of safe and healthful behavior; and (e) Contract Worker Coverage. All contractors and subcontractors are required, whether in general industry, construction or other specialized industry, to follow worksite safety and digit level) national average published health rules and procedures applicable by BLS. For the construction application, to their activities while at the site, the average injury incidence rate end including special precautions necessary lost workday injury case rate for at least as a result of their activities. the most recent twelve months at the (1) Except where precluded by - site applied for. including all workers of government regulations, participants all subcontractors of the site, must be at should be able to demonstrate that they or below the national average for that have considered the safety and health type of construction according to the programs and performance of maj'or most precise SIC code. The SIC for the contractors during the evaluation and site is based on the type of construction selection process, especially in project, not individual trades. operations such as construction where 5 Safety and Health Program .Qualifications for the Star Program contractors and subcontractors are a 1 routine aspect of business arrangements. (u) In general industry, when me a. Management Commitment and contractor's activities are not part of the - Planning. Each applicant must be able to overall operation and include special demonstrate top-level management :* skills and hazards beyond the ,. - - commitment to occupational safety and participant's expertise, the participant's health m general and to meeting-the ' - responsibility is not expected to extend . requirements of VPP. Management beyond proper diligence and prudence systems for comprehensive-planning - * ~ in4)oth die selection and the oversight of : must address safety and health. the contractor. ... * .. *' (1) Commitment to Safety andHealth - (2) Commitment to VPPParticipation. Protection.-As with any other '* - Management must also clearly commit - management system, authority and - : itself tomeeting maintaining the.**, r responsibility for employee-safety and requirements of the VPP-forwhich - w -health must beintegrated withtheW- j-1* application is made.---i? -**' 'j- management system of the organization..* - (3) Planning. Planning for safety and - ' and must involve emp!oyees.Thi$ v- t. health must be a part ofrthe overall, _ - - ~ commitment includes;, .- ret-59 * * * management planning process. In..'- (a) Policy.- Clearly established policies construction, this includes pre-job t~ - and results-oriented objectives for -; planning and preparation for different -worker safety and health protection _ j phases of construction as the project - 'which have been communiqated^to all~ji progresses. * employees: T7*K.vv (4) Written Safety and Health,, _-rr- - * (blZ/ne Accountability. Authority and Program. All critical elements of a basic responsibility forsafety and.health : safety and health program.-which^ protection clearlydefined and sj~t. ,{(cv includes hazard assessment,Jiazanl--. - implemented; accountability.jthrougb vt . 'correction and control safety andhealth training, employee participation and - safety and health program evaluation,'~ must be part of the written program All aspects of the safety and health program must be appropriate to the size of the worksite and the type of industry* Some formal requirements such as written - - procedures or documentation maybe <- waived for small businesses where the effectiveness of the systems has been evaluated and verified. Waivers will be decided on a case-by-case. b Hazard Assessment Management of safety and health programs must begin with a thorough understanding of ' all potentially hazardous situations'ahd ' the ability to recognize and correct all ; existing hazards as they artse This requires. (1) Analysis of all new processes, f^ :z matenals or equipment before use' . begins to determine potential hazards ^ ' and plan for prevention or control. (2) Comprehensive safety and .Health..*. surveys,at intervals appropriate for the"" nature of workplace, operations, and regular reviews (by a person(s) qualified' to recognize existinghazards antT^^'*'. potentially significant risks) to ensgre j'3, the employer's awareness and controTof those risks. _ (a) A baseline survey of health^.--- hazards accomplished through injtiaj^v comprehensive industrial hygietie,.,^^ surveying or other comprehensive * means of assessment such as complete^*', industrial hygiene engineering studies, /* before equipment or process installation in general industry or in the pre-job ' planning for construction, and (b) The use of nationally recognized procedures for aO sampling, testing, and* analysis with written records olresufrsc' (3) A system for conducting, as T *>v`~ appropriate, routine self-inspections^'- which follow written procedures guidance and which result in written^- - reports of findings andtimekmg ofJlrti. *" hazard correction. V ` 7', ~ (a) In general industry, theae:^-*^ t inspections must occur no les% v*; frequently than monthlyand oaves the', - whole worksite at least-quarterly; - (b) In construction, this must include, 'v management inspections which coyer-, the entire worksite at least weekly; aaji-$ (c) Also in construction, inspections'i ~ ` by members of.the safety and health committee-which coverihe eatire-.*vvWjoa worksite as. appropriate, but no4ese^i frequently than once per months are required. - l \. , .~ js (4) Routine examination and analysis.-^ of hazards associated With individual <} - jobs, processesfor phases,and inclusions of the results in training and hazardmonst; control programs. This includes, e$*jbb'&_ safety analysis end process hazard *! ABD00001352 26344 Federal Register / VoL 53, No. 133 / Tuesday, July 12. 1988 / Notices review. In construction, the emphasis employees. Procedures should include hazardous activities and comfit should be on spectal safety and health provisions for emergency telephone This is required because of the hazards of each craft and each phase of numbers, exit routes, and training drills seriousness of the tfr* construction. (5) Ongoing monitoring and worksite conditions, the expas (5) A reliable system for employees, without fear of reprisal to notify appropriate management personnel m writing about conditions that appear hazardous and to receive timely and appropriate responses. The system must include tracking of responses and hazard corrections. (61 An accident/incident investigation system which includes written procedures or guidance, with written reports of findings and hazard correction tracking: and review of injury/iUness experience identifying causes and providing for preventive or corrective actions. (7) A program which includes the availability of physician services and personnel trained in first-aid. c. Hazard Correction and Control. Based on the results ofhazard assessment, identified hazards and potential hazards must be addressed by the implementation of engineering controls: equipment maintenance: personal protective equipment; disciplinary action, when needed; and emergency preparedness. Safety rules and work procedures must be developed, thoroughly understood by supervisors and employees, and followed by everyone in the workplace, to prevent and control potential hazards These include the following provisions; (1) Reasonable site access to Certified Industrial Hygienists and Certified Safety Professionals or Certified Safety Engineers must be available, as needed, based on the potentially significant risks of the site. (2} Means for eliminating or controlling hazards. These include the following* (a) Engineering controls. ?' * (b) Personal protective equipment. (c) Safety and health rules, including safe and healthful work procedures for specific operations. * '' (0 Appropriate to the potential hazardrof the site/' k - -7' (uj Written] Implemented and updated by management as needed and used by ' employees.' ~ - *- " (3) Procedure* for disciplinaryaction' maintenance of workplace equipment to prevent it from becoming hazardous. (6) A system for initiating and tracking hazard correction in a timely manner d. Safety and Health Training. Training is necessary to implement management's commitment to prevent exposure to hazards. Supervisors and employees must know and understand the policies, rules and procedures established to prevent exposure. Training for safety and health must ensure that. (1) Supervisors understand the hazards associated with a Job, their potential effects on employees, and the supervisor's role, thnmgh teaching and enforcement in ensuring that employees follow the rules, procedures and work practices for avoiding or controlling exposure to the hazards. -- * (2) Employees are made aware of hazards, and the safe work procedures to follow m order to protect themselves - from the hazards, through training at the same time they'are taught to do a Job and through reinforcement (3) Supervisors and all employees understand what to do in emergency situations. '4 (4) Wbete personal protective equipment is required, employees understand that it is required, why it is required, its limitations, how to use it and bow to maintain it and employees use it properly. e Employee Participation. (l) For general industry, the requirement for employee participation may be met in any one of a variety of ways, as long as employees have an active and meaningful way to participate in safety * and health problem identification and resolution. ' (al This is in addition to the iriklividaal right to notify appropriate managers of hazardous conditions and practices.w (b) Examples of acceptable means of providing for employee impact on - *-* decision-making uirinde thefollowing: '' (i) Safety committees. - * ~ (ii) Safety observers, a r 7`" J Cilf) Ad hoc safety and health contracting work force and the turnover in the construction inc The appbcant must be able to demonstrate that the site has a labor-management committee' and health which has the follow characteristics. (a) Has a minimum of one yet experience providing safety anc advice and making periodic inspections. (b) Has at least equal represer by bona fide worker represenia'. who work at the site and who a: selected, elected, or approved fc. authorized collective bargaining organization. (c) Meets regularly, keeps mfc the meetings, and follows qoon requirements consisting of atle- of the members of the committee representatives of both employe management . (d) Makes regular workplace- inspections (with at least ooe w representative) at least monthly more frequently as needed, ana *. provided for at least monthly of the whole worksite. (e) In addition, the Joint comic: must be allowed to: -- . Observe or assist in the .> investigation and itirn- major accidents: Have access to all relevant z- and health information; and. 1 * Have adequate training so tr committee can ggcngugg hazard continued trannng as needed. * ' (3) If a construction applicant c to use a joint committee either in the nwmhgmhfp conpc*' m tim fwm-itnmd yrittwl above, the applicant smsfe.'<ks. (a) Meet operational requirane quorum, meeting et&^ (b) Demonstratelhat the sites: practices achieve the objectives^ practices they replace.For exec bona fide employee repceeestetk the joint committee is Intendedtc that all site employees partidpe* in matters of safety and Iwieltfa1 or reorientation ofemployees nd~--\ - problem-solving pospa.& they are fully Informed ofdeds^ supervisor* whobreak ordisregard- (iv) Safety and health training of other affecting safety and beaidi4st safetyrules, safe work, materials-^-"'.'- - employees, - : absence of bona fide employee; handling or emergency procedures must > (v) Analysis ofhazards ofJobarand**: 1 representation on the joliitcoiff be written, communicated to employees," (iv) Committees which plan and ~ means which areequally ef&Mff? and enforced. ^7 .1 conduct safety'and health awareness'- K achieving tfa^e objectives mo* (4) Procedsreafor response tor1*1- programs. -- vw>iiv.} provided.*'', - ... -7_-a emergencies listing requirements for - -- (Z) Construction sttea must utilize the ? >tc]ContractuaUy bind affcofL personal protective equipment, first aid, - labor-management safetycommittee'-^ - * and subcontractors opei medical care.'oremergency egress must j approach to involve employeestn the applicant's site to maintaineBri. be writtenwndoqmmumcatedJo all fla'fan identification and correctioh'df safety and health program* afr ABD00001353 26346 Federal Register / Vol 53. No. 133 / Tuesday, July 12. 1988 / Notices 3 Term of Participation 4 Application Withdrawal (4] Obtain information to assist t Demonstration programs will be approved, subject to annua! evaluation, for the penod of tune agreed upon in advance of approval but not to exceed five years. 4 Approval to Star Any appbcant may withdraw a ` submitted application at any tune after formal submission and before approval or demal When the applicant notifies OSHA of its withdrawal, theongmai application will be returned to the applicant. Assistant Secretary in making the approval decision b Preparation. The review will arranged at the mutual convenient OHSA and the applicant The revk team will consist of a team leader back-up along with health and safe a Approval to Star is contingent upon. (1) Successful demonstration of the alternative aspects; and. (2) A deciston by the Assistant Secretary that changing the requirements of the Star Program to allow inclusion of these alternative aspects is desirable. ' b Once a decision has been made by the Assistant Secretary to change Star, those changes must be pubbshed in the Federal Register to provide pubbc notice OSHA may keep the assigned Program Officer's merited working copy of the application for a year before discarding it. in case the applicant should raise questions concerning the handling of the application. Once an application has been withdrawn, a new submission of a formal application is required to begin application review again. 5. Public Access specialists as required by the size site and the complexity of the safe health program c. Duration of the Review The t required for the Pre-Approval Revi will depend upon the size of the sit the program applied for. Reviews i usually average one-and-a-half to days onsite, unless the site has me dian 1.000 workers or has other, complicating factors. T. of the change. , The following documents will be d. Content All Pre-Approval Re c. When the published change has maintained in OSHA's National and will include a review of injury tec become effective, the demonstration site may be approved to Star without , . _ submitting a* new application or undergoing further onsite review provided that the approval occurs no later than one year following the last evaluation under the Demonstration Program. * - *' ' H Application RequirementsforAll VPP. ,* * .... -. _A * 1. The Application Instructions applicable Regional Offices for public access beginning on the day the. applicant is approved and for so long as VPP participation is active:' a. VPP application and amendments; b. Pre-Approval report and ' - subsequent evaluation reports c. Transmittal memoranda tir Assistant Secretary; *. d. Assistant Secretary's approval letter and. *' e. Notification memoranda to Regional recalculation of the rates submitte the application, verification that t safety and health program descrit the application has been unpleme. and a general assessment of safet health conditions to determine if t safety and health program is adeq for the hazards of the site.* The review will also include .rfr interviews with relevant indlvidcu * (such as members of joint safety - OSHA will prepare, keep current and ~ Administrator. make available to all interested parties, /. Qualification Verification _ application guidelines which explain the type of information to be submitted for 1. Initial Review '7 OSHA review. The initial review of the application is committees, management persons randomly selected non-supervisor personnel). Onsite document review will hicl the following records (or samples : 2. Application Content made to ascertain whether those '. them] if they exist and are relevar. qualifications which can be documented the application or the safety and h - Eligible appbcants will be required to provide all relevant information - described in the most current version of the Application Instructions which 'r apply to the program for which by paper submission have been met The applicant will be given the opportunity to amend tbeiappUcatioa with additional or substitute materials for the purpose of improving the application. Where .... program; ' 7.7*$' (1} Management statement of v commitment to safety and hea^.' (2) The OSHA 200 log;'- application is made. - -' i resources allow, OSHA staff will assist (3) Safety and health manuals};' Amendments to submitted ' with application preparation** - - (4) Employee notificatiorityLfr applications will be requested when the application information is insufficient to determine eligibility for onsite review. Materials needed tp document the- * safety and health program,which the 1 appbcant feels may involve invasion of privacy or a trade.secret should not.be included in the application. Instead, such materials should be described in . particularly for the Demonstration ' Program. *i * - 2. Pre-Approval Onsite Reviews'"*'*'" a. Purpose. The Pre-Approval Review, which is. conducted by a team of non- enforcement OSHA staff, on the site for which participation has been requested is a managementreview. of the.site and health problems; ' (5) Safety rules, emergencyj^f procedures and examples of safe?* procedures; jS^pr (6) The system for.enforcing safe rules; v.>*SL _ * v (7) Self-inspection procedures r and correction tracking; the applicatioa'andprovided'for,viewing safety and health program. lt U . (6) Accident mvestigation^s^r onlyat thesite,.ifanpnsitePre-^ ^ - conducted to; ^ (9) Safety committee minuted ApprovalJleyiewls.cqnducted.as part of the apphcatiojnrpview. - 3. Application Submission^- ^ ' Applications may be submitted to . (1) Verify the information supplied in the application concerning qualification for the VPP for wluch application made; (2) Identify the strengths and_JL _ r .. weaknesses of the site safety andhealth '* (10) Employee orientationand^ training programs and attendance records; v1 (11) Industrial hygieneTnomtor' OSHARegional Offices or, in .the case . program; 7" records:,and, -7 t ofmiilti-fegionaLapplicatiohs,to J (3) Determine the adequacyxf the (12) Other^eco'rds which provg. ~OSHA`s Directorate ofFederal-SUte^-^^ safety and health program to a'ddress~ documentation of the quaBfifiiyg Operations in Washington, DC'* " ^. vj - the potential hazards of the sjte; and .. these programs..^ ^A *_/' ABD00001354 Federal Register / Vol S3. No 133 / Tuesday, July 12, 1988 / Notices________ 2SZ comply with applicable safety and health rules and regulations: (>) Such contract provisions must specify authority for the oversight coordination and enforcement of those programs by the applicant and there must be documentary evidence of the exercise of this authority by the applicant (u) Such contract provisions must provide for the prompt correction and control of hazards, however detected, by the applicant in the event that contractors or individuals fail to correct or control such hazards; and (m) Such contract provisions must specify penalties, including dismissal from the worksite, for wdlftil or repeated non-compliance by contractors, subcontractors, or individuals. I Safety and Health Program Evaluation. The applicant must have a system for evaluating the operation of the safety and health program annually to determine what changes are needed to improve worker safety and health prolechoc. (11 The system must provide for written naiT&tive reports with recommendations for improvements and documentation of fotlowup action. (2) la particular, die effectiveness of the operation of the self-inspection system, the employee hazard notification system, accident. investigations, employee participation, safety and health training, the enforcement of safety and health rules, and the coverage of health aspects, including personal protective equipment and routine monitoring and sampling, should be determined and the findings should be used to improve the implementation of the company's written safety and health program. (3) The evaluation may be conducted ~ by corporate or site officials or bya private sector thinkparty..... (4) In construction, the evaluation should be conducted annually and immediately prior to completion of construction to determinewhat has been learned about safety and health' activities that can be used to improve the contractor's safety and health program at other sites..c. -- F. The Merit Progrtzm' . 1. Purpose. e.. r.^ . The Mail Program in Aimed at y' employers-m any industry who do not yet meet the qualifications for the Star Program but.who wish.towork toward Star ftogram.partidpation. S.OSHA determines that the'employer has. demonstrated the commitment and the potential tb-achicvc the Star requirements. Merit is used to set goals that when achieved, will qualify die site workday cases, or both for the last th for Star participation. calendar years a above the national 2. Term of Participation Nlent Programs will be approved for a period of tune agreed upon in advance of approval. The term will be dependent upon how long it is expected to take the applicant to accomplish the goals for Star participation. Participation is canceled at the end of the term. 3 Qualifications for Ment average for the specific industry are? (at the three or four digit level) as me recently published by BLS. the apptic must indicate goals for the reduction either or both of those rates and demonstrate that the methods planne. to reduce them are feasible. c Coals Any system required for S participation that is not in place or is * yet of Star quality at (he time of a Safety and Health Program Requirements. An eligible applicant to approval must be set as a goal along with any rate reduction goals. the Ment Program must have a written safety and health program which covers the essential elements of a safety and C The Voluntary Protection Demonstration Program health program as described in Section 1. Purpose IQ E for Star. (1) The basic elements (management commitment and planning; hazard assessment; hazard correction and control; safety and health training; . employee participation and safety and health program evaluation) should all be operational or. at a minimum, in place This program provides the opportur for companies to demonstrate the ' effectiveness of alternative methods', which, if proven successful (usually * more than one site), could be substitu!. as alternative qualifications far the St Program for certain situation* to' *_ and ready foe implementation by the date of approval. For the construction explore the use of VPP in industries' other than construction and those industry, the joint labor-management classified as general industries, such committee must have had a minimum 0f mantime or agriculture; and to test ' three months experience in providing methods of overcoming problemsWhk safety and health inspections before have kept certain employers, such as approval. small business employers and many ~ (2) The elements are not expected to contractors in the construction fndnst be at Star quality of completeness. The from taking part in the VPP. 'f Ment applicant is not expected to meet each of the specific Star requirements in 2. Qualifications each element. Participation in Merit is an opportunity for employers to work with OSHA to improve tire quality of their safety and health programs and reduce their injury rates to meet the requirements for Star b. Injury Rates. (1) For the Merit- Program m construction, if the Injury rates for the site applied for are not at or below the industry averages for the preceding twelve months as required for Star, the applicant company must be able to demonstrate that the company's three-year average injury rates are at or below the most recently published BLS national average for the industry (at the three efigit level). The injury incidence rate and the lost workday case rate must each be averaged overthe last r~ three complete calendar jearvThe rate * must include alloftheappficanfx: employees who are actually employed at construction sites in that SIC. The *' _ applicant may ase natiqnwfde.%'r -7: [ employment ormay designate an., ~ a. Like all VPP participants, those in the demonstration program must have site safety and health program that -- addresses a witmiwh> iii elements (management commitment t planning, hazard assessment, hazard correction and control safety training, employee participation, mid safety and health program errieetinr described foe Star m SectionELE.*r_ above.How the applicant imptemsnCs those elements-may be the sabpetof demonstration to long as StKrqrehty protection is afforded afi eopkqreta^* The applicant is rot expected tomeat each of the speofics in each 1 b. 'Applicants for this programmast demonstrate to-the-AssistantSecret satisfaction that the alternative^^ approach shows reasooabfeprondser being successful enough to sesvesra alternative basis for inclusionfertiMTi Program. This indudes havingewerag injury incidence and lost woikday^cw appropriate geographical area which * rates for the previous three jenSKt indude the site for which application is '* belovctfre specific fndus&y svtrtftgi made. ,, '. Injuryrates for mobile worksjtesnd (2] For genera) fndustry;ffeither the, ^ in the construction industry three-year average rate for or below the spedfic industry atgra? recordable Injuries, orfbrtnjnrjrlqst . for the life of the worksite.' --- -- - a. ABD00001355 Federal Register / Voj. 53, No. 133 f Toeaday, fitly 12, 1988 / Notices 26947 ppdcotion ApprovuJ L. Inspection Requirements JjjJferred Approval 1 Programmed Inspections ^at the conclusion of the PreLjval Review, the applicant needs to factions to meet the qualifications ^approval, reasonable time--up to 90 be allowed for those actions ibe taken before a recommendation is S2e to the Assistant Secretary. Where an onsite visit will be made the actions taken after the PreAp~prova1l Review visit ,Hon Withdrawal r the applicant cannot meet the .girements for participation m one of }VPP or for any reason does not wish i the approval process, enable time shall be allowed for Bcatioa withdrawal as provided for H.4* before recommendation is (to the Assistant Secretary Participating work sues will be removed from OSHA's programmed inspecboo lists. 2. Workplace Complaints Employee complaints to OSHA will be handled by enforcement personnel in accordance with normal OSHA enforcement procedures. 3 Chemical Leaks/SpiUs Any significant chemical leaks spills will be handled by enforcement personnel in accordance with normal OSHA enforcement procedures. 4. Fatalities and Catastrophes Ail fatalities and catastrophes will be handled by enforcement personnel in accordance with normal OSHA enforcement procedures. jbcation Approval 5. Referrals fthe'opLuon of the Pre-Approval ' team, the applicanthas met the ihons requirements of the VFP led for or an alternative VPP ptable to the applicant, the team's sendation win be made to foe t Administrator, who. on ice. will recommend approval i Director of Federal-State ilims. The Director ofFederal>, Operations shall review the report latent application of foe Although the history of foe VFP . indicates that safety and health problems discovered during contact with worksites far VPP purposes are resolved cooperatively, OSHA most reserve the right, where the safety and health of employees is seriously.- endangered and site management refuses to correct the situation, to refer the situation to foe Assistant Secretary for review and enforcement action if warranted. a The employer will be informed in ition requirements and, on advance that a referral will be made to ence, will forward the the Assistant Secretary and that ommendation to the Assistant enforcement action may result ' to approve participation. h. Because companies with excellent Lwiil occur on the day that foe safety end health programs that me st Secretary signsa letter interested in participating in the VPP are ! the applicant of approval. not likely to refuse to address e soions pBcatioa Denial ' 2'- _ - . _ - - problem in a cooperative apinl. a -- * situation of this type is unlikely to occur. iold the Assistant Seoetary, for * It is important, however, foe interested . [reason, refect foeFSO and/or "* employers and employees to be aware 1 recoBHaemfotioo to approve. a of and understand OSHA's obligation in 'from foe Assistant Seoetary approval wifl be sent to foe' the event that occur. a sitnation should ; it The denial vriB occur as of foe rof foe letter.'' 4 -/**" --'** * lould an applicantappeal.to the c. Where a cooperative spirit does not exist between OSHA and a company, VPP participation is not appropriate. . Therefore, tfa company in tide situation it Seoetary a findingby the ... does not choose to wifodrawfreVPP atqualifications are not met foe consideration. VPP participation shall )r ofFederal-Stale Operations' be denied or terminated. ~ raH foe in foe*Assistant 7. along with foe team's .. M. Post-ApprovalAssistance `(`* ibon of denial.; - --_ 1. OSHA Contact Person Assistant Secretary accepts foe Humendattan to deny approval, the will occur as offoe datefoe. distant Secretary signs a letter. , - ting foeapplicant of foe dedsros. - An OSHA official will be assigned to each VPP participatingworksite as . . Contact Person. This person WflT be ~'C available to assist foe partfcfpant/as " needed, to assure smooth Interface1 with OSHA and to provide expertise as required 2. Problem Solving If a problem comes to the attention of the OSHA Contact Person, either through evaluation efforts, review of injury rates, records of OSHA complaint inspections, chemical leaks/spills or accident investigations, or by request of the VPP participant the Contract Person will attempt to assist the participant m resolving the problem, including, if necessary, arranging with the participant for an onsite visit to assess the problem and its possible causes. 3 Scheduled Onsite Assistance In some eases, such as in the Demonstration Program, in the construction program or when needed for foe Merit Program, a schedule of onsite assistance visits shall be agreed upon before approval 4. Significant Organizational or - Ownership Changes ;.~ Whenever significant changes are ' made in ownership or organizational M structure at a VPP site, the Contact * Person shook! make an onsite "'v~ assistance visit to determine the impae of the changes on VPP participation. iV, Evaluation -- 1 The Star Program -- a Purpose. (11 To determine continue qualification for the Star Program. ", (2) To document results ofprogram participation in terms of tire evaluation criteria other linking aspects of it-, site program or its results. ~ - (3) To identify any problems which have the potential of adversely nfbdfc continued Star Pro&am qualification* and to determine if those problems require additional evaluations. .IJi'V?j b. Frequency. Star Programs'ihaKbe evaluated every three years (except^ when serious problems have been^f.' identified which require an earlier,, r evaluation} with an annual revteyaaij injury incidence and lost workdayin^ case rates which shell include a recalculation,of the latest foree^ycar^g- averages. j l r\^ c. Measures ofEffecdvenessJVbk-j. following factors will be usedin.the^ evaluation of Star Program participant" (1) CoatmuedcompUanee wflhfofcprogram requirements; (2) Satisfaction of the partidpaahe/ (3) Nature and validity of any '?comptemts received byOSHA^^frf" (4) Nature and resolution ofprobfcm- that may have come to attention since approval or'tfae laac^f evaluation: mid ABD00001356 26348 Federal Register / Vol 53. No 133 / Tuesday. July 12, 1988 / Notices (5) The effectiveness of employee participation programs d Description of Evaluation OSHA's evaluation of Star Program participants will consist mainly of an onsite visit of similar duration and scope of the PreApproval Program Review described in HI 1.2. Documentation of program implementation from pre-approval review or the previous evaluation will be reviewed 2 The Merit Program a Purpose (1) To determine continued qualification for the Ment Program, or to determine whether the applicant may be approved for the Star Program. (2) To determine whether adequate progress has been made toward the agreed-upon goals. (3) To identify any problems in the safety and health program or its implementation which need resolution in order to continue qualification or meet agreed-upon goals. (4) To document program improvements and/or improved results. (5) To provide advice and suggestions for improvements that might be made. b Frequency. All merit programs will be evaluated annually for the duration of the period of approval, except where the participant requests an evaluation before the annual evaluation for the purpose of determining whether the Star qualifications have been met <. ' c Measure ofEffectiveness. The following factors will be used in the evaluation of Ment Programs: (1) Continued adequacy of the safety and health program to address the potential hazards of the workplace. (2) Companson of rates to the industry average; (3) Satisfaction of the participants; (4) Nature and validity of any " complaints received by OSHAT (5) Nature resolution of problems that have come to OSHA's attention; * - * (6) Effectiveness of the employee ' participation program; and, " (7) Progress made toward goals : specified tn the pre-approval or previous evaluation report*- - -- ^ - . - ,:- d. Description ofEvaluation. OSHA's evaluation will consist mainly of an -- onsite-visit of duration and content similar to the Pre-Approval Review' < described in mX2. * O. Termination or Post-Approval . , Withdrawal __ =. ^ j. 1 Reason forTennlnation a. Completion of covered"construction work at the site'will terminate construction industry approval.J . b. Sale of the approved site to another company or any management change that eradicates or significantly weakens the safety and health program may terminate the approval. c The participating site management, or the duly authorized collective bargaining agent where applicable, may terminate participation for any reason. d. OSHA may terminate participation for cause 2 Cause for OSHA Termination a Star Program Termination by OSHA will occur when a significant failure to maintain the safety and health program in accordance with the program requirements has been identified. b. Ment Program. Termination by OSHA will occur when: (1} A significant failure to maintain the safety and health program in accordance with the program requirements has been identified; or. (2) No significant progress has been made toward the goals; or (3) The term of approval hasjexptred. c. The Voluntary Protection Demonstration Program. Termination by OSHA will occur when: . ' (1) OSHA determines that continuation of the experiment will: (a) Endanger workers at the covered site(s), and/or, `. (b) Be unlikely to result in inclusion into the Star Program, or, (2) The period of approval has expired 3 Notification OSHA will provide the participant and other relevant parties 30 days notice of intent to terminate participation unless: - - - -r. (a) Other terms for termination were agreed-upon before approval: or' (b) A set period for approval Is' expiring or construction has been comp_leted. *__;^' b *** 4. Post-approval Withdrawal _ Upon receipt of notice of intent to ... terminate, or for.any otherreason, a participant may withdraw from-the VPP by submitting written notification to the assigned Contract Person. r. r-^; - P. Reinstatement ` Reinstatement requires reapplication. Signed at Washington, DC. this 29th day of June ' *^ John A. Pendergrass, - 1 Assistant Secretary [FR Doc 68-15513 Filed 7-ll-"a:45 am] MJJMQ cooe 4S10-M4 NATIONAL LABOR RELATH BOARD ' Experimental Modification of Procedures Governing the aL Rescheduling of Unfair Lab<l Hearings J agency: National Labor Relat Board. action: Notice of experiment modification of procedures the rescheduling of unfair lal hearings summary: Notice is hereby the National Labor Relations' commence a one-year expei August 1,1988, transferring, _ certain circumstances, the aut reschedule unfair labor pract hearings from the Regional___ the administrative law judges.' experiment modifies the proceL forth in $ 102.16 of the Board's*! Regulations. FOR FURTHER INFORMATION John C. Truesdale. Executive: 1717 Pennsylvania Ave, NW.,'1 Washington. DC 20570, Telepl 254-9430. SUPPLEMENTARY INFORMATIOfCi 102.16 of the National Labor! Board's Rules and Regulatioi as amended, currently permits^ Agency's Regional Directors tol. the date of a scheduled unfair la^ practice heanng either upon bdsTb own motion or upon proper caus^ by any other party It appears th is a public perception that thisl procedure is unfair insofar as tKig Regional Directors are also thepe. responsible for prosecuting the uft labor practice cases. Recognizing detrimental effect such adverse perceptions may have on the Agg. continued credibility and statnreg National Labor Relations Boardpr implement a one-year expertmeoLof its Regional Offices whereby t authority currently granted the Re Directors under Section 102.16 WyL transferred, under certain circumstances, to the administrate Judges. With respect to all unfair labc1 practice complaints issued be.tw* August 1,1988 and July 31.198& authority to extend the date of a scheduled heanng shall reside yr administrative law judges, excep the Regional Directors shall reta^ authonty to extend the date oft scheduled heanng in the following limited circumstances- (1) Where all parties agree tfr^ * extension of the date of heanng;--