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OSHA CONSULTATION: A VOLUNTARY APPROACH TO WORKPLACE SAFETY AND HEALTH COMPLIANCE
By Judith Weinberg
Compliance with government regulations can be a daunting task for the small business owner. Figuring out what is required, how to comply, and how to pay for it can place significant strain on an employer's time and resources, particularly the typical small employer. The Occupational Safety and Health Administration (OSHA) is sensitive to the difficulties faced by employers who are genuinely concerned with their employees' safety and health and who have no desire to avoid compliance. Therefore, in addition to vigorously enforcing the regulations issued to protect Americans on-the-job, the agency operates various voluntary compliance programs that address the need for employer assistance. Foremost among these programs is OSHA Consultation, a free source of vital information and technical assistance.
OSHA Consultation is a broad network of occupational safety and health services funded primarily by federal OSHA but delivered by the 50 state governments, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. The states offer the expertise of highly qualified professionals in the occupational safety and health fields to employers who request help in establishing and maintaining a safe and healthful workplace. The comprehensive assistance that is available goes well beyond the minimum requirements of OSHA regulation. It includes an appraisal of all mechanical systems, physical work practices, and environmental hazards of the workplace, and all aspects of the employer's present job safety and health program. Assistance is also available to employers wishing to develop and implement an effective workplace safety and health program that corrects and continuously addresses safety and health concerns.
OSHA Consultation exists primarily to assist small and medium-sized businesses -- no more than 250 employees -- in high-hazard industries or involved in hazardous operations, and, as a general rule, these are the businesses that receive priority consideration. OSHA spends about $30 million annually on the consultation programs, which in recent years have helped identify and control more than 500,000 workplace safety and health hazards. The majority of consultation services are provided pursuant to section 7(c)(1) of the Occupational Safety and Health Act of 1970 (the Act), with 90% federal funding. Federal funding is limited to 50% in the eight states and territories where consultation services are administered as part of the federally-approved, state-operated occupational safety and health plan, as provided in section 23(g) of the Act.
A major selling point of the consultation program is the government's willingness to pick up the tab for expert services that otherwise could cost a small employer thousands of dollars. Equally significant for some employers are the program's complete separation from OSHA's inspection efforts and its pledge of confidentiality. The consultant will not provide the owner's name, the company's name, or any information regarding workplace conditions to OSHA's inspection staff, so long as the employer agrees to correct in a timely manner any serious hazards uncovered during the consultation visit. The employer is asked to make this commitment prior to the actual visit. Nor does the consultant who visits a site propose penalties or issue citations for any safety or health problems identified. Only in very rare instances, where a consultant uncovers serious hazards and an employer refuses to make corrections, does a consultation project manager report the problem to federal OSHA's enforcement staff or to state plan compliance personnel in the 25 states and territories that operate their own federally-approved programs.
For many years the state consultation programs channeled their resources primarily toward helping employers identify and correct specific hazards. This focus is shifting as OSHA places increasing emphasis on comprehensive management systems that involve both managers and other employees in the effort to create a workplace where hazards are anticipated and prevented before they can arise. Central to such an effort is the development and implementation of a comprehensive workplace safety and health program, tailored to the worksite, that incorporates the essential elements of management commitment to worker safety and health, employee involvement, hazard analysis, hazard prevention and correction, and safety and health training. These elements are spelled out in OSHA's voluntary Safety and Health Program Management Guidelines (Federal Register, Vol. 54, No. 16, January 26, 1989, 3904-3916) fn1, and are central to OSHA Consultation's current approach to full-scope employer assistance. With OSHA moving toward issuing a proposed safety and health program standard, characterized by OSHA Assistant Secretary Joe Dear as potentially the most far-reaching standard in the agency's history, the need for employers to begin thinking -- and acting -- in terms of safety and health management systems becomes ever more pressing.
The process for obtaining free consultation assistance is straightforward. An employer contacts and requests information or assistance from the state consultation project, which normally is listed in the state government section of the telephone directory under the State Labor and Industries agency. Another way to locate the consultation project is to call the nearest OSHA Regional or Area Office. A phone call or letter to the consultation project, or a walk-in contact, is sufficient. The consultation office will prioritize the employer's request for services according to the nature and size of the workplace -- more hazardous sites receive top priority -- and any existing backlog of requests. A consultant assigned to the request will contact the employer to set up a visit date based on the priority assigned, the employer's work schedule, and the time needed for the consultant to prepare adequately. The consultant may encourage the employer to include within the scope of the request all working conditions and the site's entire safety and health program. The employer may choose, however, to limit the visit to consideration of fewer, more specific problems. During the visit, should the consultant observe hazards outside the scope of the request, he/she must inform the employer, who must correct any hazards that OSHA deems serious or that pose an "imminent danger" to employees.
The consultant and the employer discuss the ground rules during the initial contact and again during the opening conference upon the consultant's arrival for the scheduled visit. The consultant will place particular emphasis on the employer's obligation to protect employees in the event that serious hazards are identified. The consultant's right to interview and speak with individual employees, discussed during initial contact, will be reviewed again. The employer must agree to such contact before the visit may continue. OSHA's experience with thousands of worksites, from the very best to the very worst, has taught us the value of extensive employee involvement in all aspects of workplace safety and health, and so the consultant will strongly encourage the employer to allow employee participation at each step of the visit, from opening conference to site walkthrough and closing conference. In unionized work areas, the employer must afford employee representatives the opportunity to participate fully in the consultation visit. If a written safety and health program exists, the consultant will want to review this and other related documents.
The actual walkthrough consists of a comprehensive examination of safety and health conditions, unless the request for assistance was limited to specific areas, conditions, or hazards. The consultant will look at the structural condition of the building, including provision of exits and fire protection equipment. He/she will review the layout for adequate space in aisles and between machines and will check for proper control of electrical and mechanical hazards. The consultant will survey the controls used to limit worker exposure to occupational health hazards, including toxic and corrosive substances and especially air contaminants. He/she will check whether all necessary personal protective equipment is available and functioning properly, and whether employees know how to use and care for this equipment. Attention will be given to problems associated with worker exposure to noise, vibration, extreme temperatures, lighting, or other environmental factors. The consultant will be interested in work practices, including general housekeeping and the use and maintenance of hand and portable power tools, as well as forklifts and other heavy equipment.
The examination will also include hazards that may not be covered by current federal or state OSHA standards but that still pose a risk to safety or health.
Throughout the walkthrough the consultant will not merely note problems but will also discuss prevention and control and, if the employer requests, may provide on-the-spot education and training for managers and workers. The consultant will want to discuss with both employer and employees aspects of safety and health management such as job training, including safety and health orientation and ongoing training, supervision, accountability for safety and health, equipment maintenance and repair, inspections, first aid and emergency procedures, hazard reporting procedures and other means of communicating about safety and health, and prevailing attitudes among managers and employees.
The consultant will offer advice and technical assistance for addressing each of the observed hazards within the framework of an effective safety and health program. He/she will work with the employer to develop or improve a worksite safety and health program that addresses the site's particular needs and conditions.
In the rare instance where a consultant finds an "imminent danger" during the walkthrough, the employer must take immediate action to protect affected workers. If the consultant finds what OSHA considers a "serious violation," he/she will work with the employer to develop a plan and schedule for eliminating or controlling the hazard and keeping affected employees advised. This may occur during the visit's closing conference, when the consultant meets with the employer and participating employees to discuss the site's safety and health strengths and weaknesses, possible solutions to problems, and time frames for effecting these corrections.
At the closing conference the consultant will continue the discussion of how to establish or improve a site safety and health program. He/she may also recommend other sources for specialized technical help, if necessary.
Normally, the final step in the consultation process is a written report from the consultant to the employer, explaining findings and confirming any agreed-upon correction periods. The report will include suggested means or approaches to eliminate or control specific identified hazards and to enhance the effectiveness of the overall safety and health program. In some instances, follow up visits may be appropriate. An employer who has gone through the consultation process is welcome to contact the consultant for additional assistance at any time.
Employers who receive a full service consultation visit, correct all identified hazards, and demonstrate that their site is operating an effective safety and health management program may be eligible for OSHA Consultation's Safety and Health Achievement Recognition Program (SHARP). OSHA will issue a certificate of special recognition and grant a 1-year exemption from OSHA general schedule inspections for employers who meet the program's eligibility requirements.
While most OSHA Consultation services take place at the worksite, consultation projects increasingly are offering training and education elsewhere. For example, a consultation project may team up with a local trade association to offer seminars on hazard identification and prevention at locations convenient to the association's members and their employees. These cooperative partnership efforts are an effective way for OSHA Consultation to leverage limited resources and maximize impact. They can pay off for employers, as well. For example, one state consultation project and the state electrical association jointly sponsored a series of state-wide seminars on how to write an effective workplace safety and health program. After returning to their worksites and implementing individual programs, many of the contractors reported receiving from their insurers significant reductions in workers' compensation premiums.
The successful partnership that Federal OSHA has forged with the States to provide free consultation assistance to small high-hazard employers is one of OSHA's highest priorities. The federal and state employees involved in delivering this program believe it is an excellent and important service, and the program's customers agree. In an independent survey conducted for OSHA last year, employers who had received onsite consultation visits indicated very high levels of satisfaction with the services provided and the knowledge and competence of the OSHA consultants.fn2
Consultation's voluntary approach to designing safety and health into the workplace, and its emphasis on involving both management and employees in a process that can save lives and prevent injuries and illnesses, have served thousands of conscientious employers. OSHA Consultation works.
For more information about OSHA Consultation, contact your State Consultation Project or OSHA Regional Office. See also the OSHA Home Page on the Internet (http://www.osha.gov), which includes complete addresses and phone numbers.
1 A single free copy of the guidelines can be obtained from the U.S. Department of Labor, OSHA Publications, P.O. Box 37535, Washington, DC 20013-7535. Please enclose a self-addressed mailing label with your request.
2 “OSHA Consultation Project Survey: Summary of Results,” Technical Assistance and Training Corporation, Washington, DC, October 1995.
Judith Weinberg is a Writer-Editor in OSHA's Directorate of Federal-State Operations in Washington, DC. She writes on a variety of voluntary compliance subjects, including OSHA Consultation.
© 1996 Corporate Conduct Quarterly