[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Notices]
[Pages 55390-55403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26558]



[[Page 55389]]

Part IV





Department of Labor





_______________________________________________________________________



Occupational Safety and Health Administration



_______________________________________________________________________



Voluntary Protection Programs To Provide Safe and Healthful Working 
Conditions, Draft Revisions; Notice

  Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / 
Notices  

[[Page 55390]]



DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Draft Revisions to the Voluntary Protection Programs To Provide 
Safe and Healthful Working Conditions

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice, request for comments.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration would like 
to obtain stakeholder and public comments on proposed revisions to its 
Voluntary Protection Programs (VPP), published in Draft below. The 
revisions include several new criteria intended to make the VPP more 
challenging and to raise the level of safety and health achievement 
expected of participants. New eligibility categories allow previously 
ineligible worksites to apply. The criteria also have been rewritten to 
make them more easily understood and to bring the VPP's basic program 
elements into conformity with OSHA's Safety and Health Program 
Management Guidelines. OSHA will consider submitted comments when it 
develops the final version of these revisions.

DATES: Written comments must be submitted on or before November 26, 
1999.

ADDRESSES: Send two copies of your comments to: Docket Office, Docket 
No. C-06, Room N-2625, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Ave., NW, Washington, DC 
20210. Comments limited to 10 pages or less may also be transmitted by 
FAX to 202-693-1648, provided that the original and one copy of the 
comment are sent to the Docket Office immediately thereafter.
    Comments may also be submitted electronically through OSHA's Web 
site at the following address: http://www.osha-slc.gov/e-comments/e-
comments-vpp.html. Information such as studies and journal articles 
cannot be attached to electronic submissions and must be submitted in 
duplicate to the Docket Office. Such attachments must clearly identify 
the respondent's electronic submission by name, date, and subject, so 
that they can be attached to the correct submission.
    The entire record for the proposed revisions to the Voluntary 
Protection Programs is available for inspection and copying in the 
Docket Office, Docket No. C-06, telephone 202-693-2350.

FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of 
Public Affairs, Occupational Safety and Health Administration, Room 
N3647, 200 Constitution Ave., NW, Washington, DC 20210, (202) 693-1999.

SUPPLEMENTARY INFORMATION:
I. Introduction

A. Background

    The Voluntary Protection Programs (VPP), adopted by OSHA in Federal 
Register Notice 47 FR 29025, July 2, 1982, have established the 
efficacy of cooperative action among government, industry, and labor to 
address worker safety and health issues and expand worker protection. 
VPP participation requirements center on comprehensive management 
systems with active employee involvement to prevent or control the 
safety and health hazards at the site. Employers who qualify generally 
view OSHA standards as a minimum level of safety and health performance 
and set their own more stringent standards where necessary for 
effective employee protection.
    OSHA's experience with VPP and other programs led it to publish its 
voluntary ``Safety and Health Program Management Guidelines'' (the 
Guidelines) in the Federal Register on January 26, 1989, 54 FR 3904. 
The Guidelines present effective criteria for organizing a managed 
safety and health program. To maintain consistency in OSHA's approach 
to safety and health program management, the Agency has decided to 
reorganize the VPP criteria to conform more closely to the Guidelines.
    This reorganization has been accomplished by merging the six 
elements of the VPP into the four elements of the Guidelines. 
Specifically, Management Commitment and Planning has become Management 
Leadership and Employee Involvement; Hazard Assessment has become 
Worksite Analysis; Hazard Correction and Control has become Hazard 
Prevention and Control; Safety and Health Program Evaluation has become 
part of Management Leadership and Employee Involvement; and Safety and 
Health Training continues as one of four basic program elements.
    The VPP criteria also have been rewritten to make them more easily 
understood. This has involved changes in both language and 
organization. However, except for a variety of minor clarifications, 
the substance of the criteria has changed little. The two most notable 
changes are an expansion of eligibility to certain classes of worksites 
previously not covered by the program, and a new illness rates 
reporting requirement. The latter means OSHA will consider a worksite's 
illness performance as well as its injury performance when assessing 
the site's level of achievement.

B. Statutory Framework

    The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et 
seq. (the Act and the OSH Act), was enacted ``to assure so far as 
possible every working man and woman in the Nation safe and healthful 
working conditions and to preserve our human resources. * * *''
    Section 2(b) specifies the measures by which the Congress would 
have OSHA carry out these purposes. They include the following 
provisions which establish the legislative mandate for the Voluntary 
Protection Programs:

    ``* * * (1) by encouraging employers and employees in their 
efforts to reduce the number of occupational safety and health 
hazards at their places of employment, and to stimulate employers 
and employees to institute new and to perfect existing programs for 
providing safer and healthful working conditions;''
    ``* * * (4) by building upon advances already made through 
employer and employee initiative for providing safe and healthful 
working conditions;''
    ``* * * (5) * * * by developing innovative methods, techniques, 
and approaches for dealing with occupational safety and health 
problems;''
    ``* * * (13) by encouraging joint labor-management efforts to 
reduce injuries and disease arising out of employment.''

II. Program Changes and Rationale

A. Language and Organization

    With this Notice OSHA proposes extensive editorial changes in the 
language and organization of The Voluntary Protection Programs, 
published as Draft below. The intent is to make the VPP criteria more 
understandable.

B. Changes in Eligibility

    1. Draft Section D.1., General, provides that Federal agency 
worksites subject to 29 CFR part 1960 are now eligible to apply. OSHA 
wants to extend recognition for safety and health program excellence to 
federal sector worksites. As a result of a successful Demonstration 
Program, this section now also provides that resident contractors at 
participating VPP sites may make application to the VPP for their 
operations at those sites. The Demonstration Program established that 
at existing VPP sites, resident contractors can provide effective 
safety and health protection to their employees even though they do not 
control the worksite.
    2. Draft Section D.2, Unionized Sites, is changed to clarify the 
degree of union involvement that triggers the requirement for union 
concurrence in

[[Page 55391]]

VPP participation. The old language, ``a significant portion of its 
employees organized by one or more collective bargaining units,'' was 
open to wide interpretation. The new language makes clear that the 
concurrence of all unions is expected at any worksite where one or more 
collective bargaining agents represent employees.

C. Changes in Assurances

    1. Draft Section E.1. requires VPP applicants to submit assurance 
that they will correct all hazards addressed by OSHA's safety and 
health standards and regulations and the OSH Act's ``general duty 
clause,'' Section 5(a)(1). Full compliance with OSHA's requirements has 
always been a requirement of the VPP but is now made an explicit part 
of the Assurances.
    2. Draft Section E.2. requires the applicant to provide assurance 
that site employees support the VPP application. At unionized sites, 
this is accomplished by the authorized collective bargaining 
representative(s) either signing the VPP application or submitting a 
signed statement of support. OSHA also needs assurance that employees 
at non-unionized sites support VPP participation.
    3. Draft Section E.5. expands on previous language and now requires 
that applicants certify to OSHA that hazards discovered through any 
means will be corrected in a timely manner, with interim protection 
provided as necessary. This section further provides that site 
deficiencies related to compliance with OSHA requirements and 
identified during the OSHA preapproval onsite review will be corrected 
within 90 days. This expansion is needed to make clear to applicants 
that elimination or control is expected of all identified hazards, and 
not just hazards identified by the means listed in the Notice.
    4. Draft Section E.10. expands the information that participating 
sites must submit to OSHA each year by February 15.
    a. Requiring sites to report injury and illness rates, rather than 
just injury rates, will help ensure that VPP continues to set the 
standard for excellence by recognizing worksites that effectively 
address the full range of workplace safety and health problems.
    b. OSHA needs to have participants report the injury/illness and 
lost work day case numbers as well as the rates to ensure that the 
rates have been calculated correctly.
    c. OSHA needs to examine the participant's annual evaluation of its 
safety and health program in order to determine if the site's program 
is continually improving and also to spot potential program 
deficiencies.
    d. Because examination of contractors' rates is now part of the VPP 
requirements, the injury/illness and lost workday case numbers and 
rates of prominent (500 hours or more onsite in a calendar quarter) 
contractors' site employees need to be submitted annually to OSHA, just 
as the rates for regular site employees must be submitted annually.
    e. To better understand a worksite's safety and health efforts, to 
help spread the lessons learned in VPP to other worksites, and to 
communicate the value of VPP, OSHA needs information on success stories 
and VPP outreach efforts at each participating worksite.

D. Changes in The Star Program

    1. The Purpose of the Star Program, Draft Section F.1., is expanded 
to indicate that OSHA expects Star participants to share their safety 
and health expertise and to encourage others to work toward comparable 
success.
    2. Injury/Illness Performance, Draft Section F.4., includes the 
following changes:
    a. Star performance criteria have changed by adding:
    (1) The use of injury/illness rates to determine VPP eligibility;
    (2) A requirement that rates be below rather than at or below the 
industry average; and
    (3) An alternative method of calculating injury/illness incidence 
rates for qualifying small worksites.
    The addition of illnesses and the change in minimum rates 
requirements will make these requirements more reflective of the health 
aspects of a safety and health program and generally more stringent. 
These changes will help ensure that VPP continues to serve as a model 
of excellence for the larger work community. The alternative 
calculation method will help small sites to qualify for Star even when 
they have experienced 1 year of abnormally high rates.
    b. Calculating, collecting, and submitting contractor rates are new 
VPP requirements that will enable OSHA to better determine the quality 
of safety and health protection afforded to all employees on a 
worksite. The requirements for contract employee coverage appear at 
Draft Section F.4.a.(2).
    3. Safety and Health Program Qualifications for the Star Program, 
Draft Section F.5., is revised as follows:
    a. OSHA has condensed from six elements to four elements the Safety 
and Health Program Qualifications for the Star Program. This is done so 
that the VPP requirements will conform with OSHA's Voluntary Safety and 
Health Program Management Guidelines. Similarly, the names of the 
activities required under each element have been changed, as 
appropriate. The changes are:
    (1) In Draft Section F.5.a., the name of the first element has 
changed from Management Commitment and Planning to Management 
Leadership and Employee Involvement. The activity Employee 
Participation has changed to Employee Involvement. This activity and 
the activity Safety and Health Program Evaluation are now made part of 
this element.
    (2) In Draft Section F.5.b., the name of the second element has 
changed from Hazard Assessment to Worksite Analysis.
    (3). In Draft Section F.5.c., the name of the third element has 
changed from Hazard Correction and Control to Hazard Prevention and 
Control.
    b. The following revisions are made in Draft Section F.5.a., 
Management Leadership and Employee Involvement:
    (1) Commitment to Safety and Health Protection now includes the 
requirement for an established and communicated goal for the safety and 
health program and results-oriented objectives for meeting that goal, 
an activity that is included in the Guidelines.
    (2) Written Safety and Health Program has changed slightly to 
reflect the merging of the original six basic elements into four.
    (3) Management Involvement is now Management Leadership. OSHA has 
added two new required activities to Management Leadership so that the 
list of actions will reflect the Guidelines. These additional 
activities are:
    (a) Creating employee access to top management, and
    (b) Ensuring that all workers at the site, including contract 
workers, are provided equally high-quality safety and health 
protection.
    (4) New language on defining responsibility, assigning authority, 
and affording adequate resources is intended to emphasize the need for 
these management actions.
    (5) Holding managers, supervisors, and employees accountable (line 
accountability) is tied more clearly to meeting responsibilities. OSHA 
no longer differentiates between managing accountability at general 
industry and construction worksites, because in the Agency's experience 
effective management does not differ significantly at different types 
of worksites.

[[Page 55392]]

    (6) Employee Involvement includes an additional requirement that 
worksites must establish at least three different active and meaningful 
ways for employee involvement. This requirement is intended to ensure 
that employee involvement is an integral part of the safety and health 
program. Also, worksites that choose to meet this requirement by 
establishing safety and health committees are cautioned to ensure such 
committees are established in a manner consistent with applicable law.
    (7) OSHA has substantially rewritten the section Contract Worker 
Coverage and expanded the requirements for contract workers to include:
    (a) Documentation that contractors maintain effective safety and 
health programs, and
    (b) Documentation that participants maintain effective oversight of 
their onsite contractors.
    (c) Documentation of the participant's plan for working with a 
contractor whose rates are above its industry average, in order to 
reduce those rates to below average within 2 years.
    This brings contractor requirements in line with current VPP 
practice.
    (8) OSHA has rewritten Safety and Health Program Evaluation in 
order to make the requirements more understandable and participants' 
evaluations more effective. The section now clearly states that all 
elements of the program must be evaluated. Third parties who may be 
employed to conduct the evaluation must have appropriate training and/
or experience. Also, this section provides that construction companies 
must submit a final evaluation immediately prior to completion of 
construction. Construction companies that fail to submit this 
evaluation will not be allowed to submit VPP applications for other 
sites. To emphasize the importance OSHA places on outreach activities, 
OSHA now requires participants to report outreach efforts when they 
submit their annual evaluation report.
    c. In addition to revisions that create a more logical flow, Draft 
Section F.5.b., Worksite Analysis, contains the following changes:
    (1) The requirement for comprehensive safety and health surveys is 
expanded to clarify and strengthen industrial hygiene requirements.
    (2) OSHA has added a new requirement to analyze injury and illness 
trends, intended to ensure that complete worksite analysis is being 
performed.
    (3) The Medical Program is renamed the Occupational Health Care 
Program to better reflect its nature, and requirements are expanded and 
moved to Draft Section F.5.c., Hazard Prevention and Control, to better 
reflect the function of an occupational health care program.
    d. OSHA has made the following revisions in Draft Section F.5.c., 
Hazard Prevention and Control:
    (1) In order to complete the list of means for eliminating or 
controlling hazards, OSHA has added administrative controls. The four 
control methods are listed in their preferred order.
    (2) Work Practice controls, Draft Section F.5.c.(1)(c), is expanded 
to incorporate the requirement that the rules must be understood and 
followed; must be incorporated in training, positive reinforcement, and 
correction programs; and must be equitably enforced through 
disciplinary rules.
    (3) Monitoring and Maintenance, Draft Section F.5.c.(3), includes 
the additional requirement to document this system.
    (4) The Occupational Health Care Program (formerly the Medical 
Program), Draft Section F.5.c.(4), is expanded to include the concept 
of using occupational health care professionals in hazard analysis and 
prevention. The expansion addresses the need to involve occupational 
health professionals in a site's program.
    (5) Emergency Procedures, Draft Section F.5.c.(5), now requires 
that the written procedures must include provision for emergency 
training drills for all shifts. With this change, a participant's 
written procedures will reflect a requirement to conduct annual 
practice drills that has been in effect for some time. Requiring drills 
for all shifts will help ensure protection for all employees.
    e. Safety and Health Training, Draft Section F.5.d., now specifies 
that training must ensure that managers understand and are able to 
carry out their safety and health responsibilities.

E. Changes in The Demonstration Program

    Draft Section G.3. now provides for Demonstration Program 
evaluations every 12 to 18 months instead of every 12 months.

F. Changes in The Merit Program

    1. Qualifications for Merit, Draft Section H.2., contains the 
following changes:
    a. The addition of illnesses to the rates requirements. Previously, 
only injury rates were considered.
    b. A restriction on participation by sites with above average 
rates. Such sites must have a plan to achieve Star rates requirements 
within 2 years, it must be statistically possible to achieve this goal, 
and the site's safety and health program must be at Star quality within 
3 years.
    c. The addition of a requirement to report contractor rates.
    d. In the Merit Program for the construction industry, OSHA must 
approve the designated geographical area from which company injury/
illness and lost workday incidence data are obtained.
    These changes are designed to ensure that VPP participants are of 
the highest caliber and that sites approved to Merit can realistically 
achieve Star in a reasonable time period.
    2. Term of Participation, Draft Section H.3., establishes a 3-year 
time limit for a term in the Merit Program. It also explains the 
circumstances that may lead OSHA to approve a second term of 
participation.
    3. Multi-Site Eligibility, Draft Section H.4., is a new section 
that announces OSHA's expectation that companies with large numbers of 
applicants may be responsible for bringing their worksites up to Star 
quality before making application.

G. Changes in Application for VPP

    1. Submission, Draft Section I.3., now requires applicants to 
submit to the appropriate OSHA office the requested number of 
application copies. This procedure is intended to expedite processing.
    2. Acceptance of Application, Draft Section I.4., now permits OSHA 
to return as unacceptable an incomplete application if 90 days have 
passed since OSHA requested additional information and the applicant 
has not responded. This provision eases both OSHA's and the applicant's 
burden by establishing clear time frames for accepting complete 
applications.

H. Changes in Pre-Approval Onsite Review

    1. Purpose, Draft Section J.1., clarifies the VPP onsite review 
team's non-enforcement nature.
    2. Preparation, Draft Section J.2., is changed to emphasize the 
importance of the VPP review team's having a back-up team leader 
whenever possible.
    3. Duration, Draft Section J.3., now reflects the reality that, on 
average, 4 days onsite are needed for a review.
    4. Scope, Draft Section J.4., is expanded because the onsite review 
must reflect the added VPP criteria

[[Page 55393]]

proposed in this Federal Register Notice.
    a. Document review must include the site contractor employees' OSHA 
Form 200 log, baseline safety and industrial hygiene surveys, annual 
safety and health program evaluations and audits, preventive 
maintenance program documentation, accountability documentation, and 
contractor safety and health programs.
    b. Employee interviews must include interviews with contract 
workers.

I. Changes in Recommendation for Program Denial

    Draft Section L.1. is expanded to define a reasonable time for the 
applicant to withdraw its application as ``not to exceed 30 calendar 
days.''

J. Changes in Inspection Provisions

    1. Programmed Inspections, Draft Section M.1., now explains OSHA's 
rationale for removing a VPP participant from programmed inspection 
lists. It also provides that a VPP applicant will be removed from 
OSHA's programmed inspection lists no more than 75 calendar days prior 
to the commencement of the scheduled pre-approval onsite review. The 
need for this time limit stems from occasional delays in application 
processing, i.e., the time from application submission to scheduled 
onsite review. These delays, in turn, are due to the growth of interest 
in VPP and increasing numbers of applications. The section also 
provides that VPP worksites may choose to remain on the programmed 
inspection lists.
    2. Workplace complaints, fatalities and catastrophes, and other 
significant events have been grouped together in Draft Section M.2., 
because all of these events mandate normal OSHA enforcement procedures.
    3. The intent of Draft Section M.3. is to ensure that participants 
understand they are subject to investigation by VPP personnel when 
other significant accidents and events occur at their worksites, 
whether or not normal enforcement procedures apply to the situation and 
whether or not injuries occur. OSHA may decide that investigation is 
necessary to determine if a serious deficiency exists in the safety and 
health program.

K. Changes in Post-Approval Contact/Assistance

    Draft Section N. is changed to clarify the continuing participation 
steps a Star Program participant must take if the participant's 3-year 
rate(s) move above the industry average.

L. Changes in Periodic Onsite Evaluation of Approved Worksites

    1. Frequency of Star Program evaluation, Draft Section O.1.b, is 
changed to reflect Star evaluation periods of 30 to 60 months.
    2. Scope of Star Program evaluation, Draft Section O.1.c., is 
expanded to include evaluation of the newly required contractor rates. 
To ensure fairness, the section also includes a timetable for phasing 
in the new data reporting requirements.
    3. Measures of Effectiveness, Draft Section O.1.d., adds continuous 
improvement in the safety and health program to the measures of 
effectiveness. This section now more accurately reflects what has 
always been expected of participants.
    4. Evaluation Decisions and Recommendations, Draft Sections O.1.e. 
and O.3.e, authorize the Regional Administrator to make the decision to 
continue a participant in the Star or Merit program. The sections also 
clarify the recommendations that a team may make after conducting an 
evaluation.
    5. Frequency of Demonstration Program evaluation, Draft Section 
O.2.b., now gives the Agency greater scheduling flexibility by 
requiring evaluations every 12 to 18 months instead of every 12 months.
    6. Frequency of Merit Program evaluation, Draft Section O.3.b., 
changes the scheduling of Merit evaluations. OSHA and the participant 
will agree on a schedule, with the first evaluation occurring within 24 
months (and preferably 18 months) after approval. This scheduling will 
give OSHA greater flexibility in using its resources when conducting 
Merit evaluations.

M. Changes in Termination or Withdrawal

    1. Reasons for Termination, Draft Section P.1.i., allows OSHA to 
terminate a VPP worksite where evidence is presented that the trust and 
cooperation among labor, management, and OSHA, upon which approval was 
based, no longer exist. Recent experience has demonstrated a need for 
this flexibility.
    2. Termination Notification and Appeal or Withdrawal, Draft Section 
P.2., establishes the site's right to submit a written appeal of OSHA's 
decision to terminate.
    3. Reapplication Following Termination, Draft Section P.4., 
requires a terminated site to wait 3 years before reapplying to the 
VPP. This requirement clarifies that reapplication will be considered 
only after the worksite has had sufficient time to reestablish an 
effective safety and health program.

Draft: The Voluntary Protection Programs

A. Purpose of the Voluntary Protection Programs

    OSHA has long recognized that a multifaceted approach is the best 
way to accomplish all the goals of the Act. Compliance with 
occupational safety and health standards, OSHA regulations, and the 
general duty clause--all the requirements of the Act--is essential. 
Rulemaking and enforcement alone, however, cannot replace the 
understanding of work processes, materials, and hazards that comes with 
employers' and employees' daily on-the-job experience and commitment to 
workplace safety and health. This knowledge, combined with an ability 
to evaluate and address hazards rapidly, enables employers and 
employees to take responsibility for their own safety and health in 
ways not available to OSHA. Further, OSHA's substantial experience with 
site-based safety and health programs has shown the value of a 
comprehensive, systematic approach to worker protection. It is OSHA's 
policy, therefore, to promote safety and health programs tailored to 
the needs of particular worksites.
    The purpose of the Voluntary Protection Programs (VPP) is to 
emphasize the importance of, encourage the improvement of, and 
recognize excellence in employer-provided, employee-participative, and 
generally site-specific occupational safety and health programs. These 
programs are comprised of management systems for preventing or 
controlling occupational hazards. Sites employing these systems not 
only are working to remain compliant with OSHA's rules, but also are 
striving to excel by using flexible and creative strategies that go 
beyond the requirements to provide the best feasible protection for 
their workers. In the process, these worksites serve as models for 
effective safety and health programs in their industries while reducing 
employee injuries and illnesses well below industry averages. Moreover, 
the demonstrated workers' compensation cost reductions, reduced 
employee turnover, quality improvements, and other benefits to which 
VPP worksites testify are helping to convince skeptics that 
productivity, quality, profitability, and safety are complementary 
goals.
    VPP participants enter into a new relationship with OSHA. In this 
innovative public/private partnership, cooperation and trust nourish 
improvements in safety and health, not just at VPP sites, but also 
beyond the

[[Page 55394]]

worksite boundaries. VPP companies have frequent opportunity to provide 
the Agency with input on safety and health matters. At the same time, 
the recognition and status gained by their participation in VPP, and 
their commitment to improving their industries and communities, enable 
them to accomplish a broad range of safety and health objectives. VPP 
participants mentor other worksites interested in improving their 
safety and health programs; conduct safety and health training and 
outreach seminars; and hold safety and health conferences that focus on 
leading-edge safety and health issues. VPP participants also 
participate with OSHA on VPP onsite reviews. This unique program gives 
private and public sector safety and health professionals the 
opportunity to exchange ideas, gain new perspectives, and grow 
professionally.
    Worksites in the VPP are removed from programmed inspection lists 
for the duration of their participation, unless they choose to remain 
on the lists. This helps OSHA to focus its inspection resources on 
establishments that are less likely to meet the requirements of the OSH 
Act. However, OSHA continues to investigate valid employee safety and 
health complaints, fatalities and catastrophes, and other significant 
events at VPP sites according to established Agency procedures.
    Participation in any of the programs does not diminish existing 
employer and employee responsibilities and rights under the Act. In 
particular, OSHA does not intend to increase the liability of any party 
at an approved VPP site. Employees or any representatives of employees 
taking part in an OSHA-approved VPP safety and health program do not 
assume the employer's statutory or common law responsibilities for 
providing safe and healthful workplaces; nor are employees or their 
representatives expected to guarantee a safe and healthful work 
environment.
    The programs included in the VPP are voluntary in the sense that no 
employer is required to participate. Compliance with OSHA's 
requirements and applicable laws remains mandatory. Initial achievement 
and then continuing maintenance of the VPP requirements are conditions 
of participation.
    The Assistant Secretary for Occupational Safety and Health 
determines approval for initial participation in the VPP, advancement 
to the Star Program, all participation in Demonstration Programs, and 
termination from the VPP. The OSHA Regional Administrator who has 
jurisdiction over a participant determines approval for continuation in 
the Star (including 1-year Conditional Star participation) and Merit 
Programs.

B. Purpose of This Notice

    This notice describes the criteria for admission to the Voluntary 
Protection Programs (VPP); the conditions of participation, 
termination, or withdrawal; and the means of reinstatement.

C. Program Description

1. General
    The VPP emphasize the importance of comprehensive worksite safety 
and health programs--safety and health management systems--in meeting 
the goal of the Act ``to assure so far as possible every working man 
and woman in the Nation safe and healthful working conditions and to 
preserve our human resources. * * *'' This emphasis is demonstrated 
through assistance to employers in their efforts to reach the VPP level 
of excellence; through cooperation among government, labor, and 
management to resolve safety and health problems; and through official 
recognition of excellent safety and health programs. VPP sites are 
expected to effectively protect their workers from the hazards of the 
workplace through their safety and health programs. They do this by 
meeting established, rigorous safety and health program management 
criteria.
    The VPP consist of three programs: Star, Demonstration, and Merit. 
The Star Program recognizes worksites that are self-sufficient in their 
ability to control hazards at the worksite. The Demonstration Program 
recognizes worksites that have Star quality safety and health programs 
but require demonstration and/or testing of experimental approaches 
that differ from current Star requirements. The Merit Program 
recognizes worksites that have good safety and health programs but must 
take additional steps to reach Star quality.
2. Recognition
    When OSHA approves an applicant for participation in the VPP, the 
Agency recognizes that the applicant is providing, at a minimum, the 
basic elements of ongoing, systematic protection of workers at the site 
in accordance with rigorous VPP criteria. This protection makes general 
schedule inspections unnecessary. Therefore, the site is removed from 
OSHA's programmed inspection lists (unless the participant chooses not 
to be removed). The VPP symbols of recognition are certificates and 
plaques of approval and flags identifying the program in which the site 
participates. The participant also may choose to use program logos on 
such items as letterhead, shirts, and mugs.
3. Cooperative Relationship
    VPP participants work cooperatively with the Agency, both in the 
resolution of safety and health problems and in the promotion of 
effective safety and health programs. This cooperation takes such forms 
as presentations before meetings of labor, industry, and government 
groups; input in OSHA rulemaking; and participation in activities 
including OSHA Volunteers, mentoring, outreach, and training. OSHA 
designates a contact person, usually the Regional VPP Manager, who 
coordinates each approved site's contact with the Agency.

D. Eligibility

1. General
    The VPP accepts applications from private sector general industry, 
maritime, and construction worksites, and from federal agency worksites 
subject to 29 CFR part 1960, that have implemented a safety and health 
program. VPP accepts applications from owners and site managers (such 
as a construction site's general contractor or construction manager) 
who control site operations and have ultimate responsibility for 
assuring safe and healthful working conditions at the site. VPP also 
accepts applications from resident contractors at participating VPP 
sites for the contractors' operations at those VPP sites. Site 
management submits the application, but it must reflect the support of 
site employees and, where applicable, their collective bargaining 
representatives.
2. Unionized Sites
    At sites with employees organized into one or more collective 
bargaining units, the authorized representative for each collective 
bargaining unit must either sign the application or submit a signed 
statement indicating that the collective bargaining agent(s) support 
VPP participation. Without such concurrence from all such authorized 
agents, OSHA will not accept the application.
3. OSHA History
    If an applicant has been inspected by OSHA within the 36-month 
period preceding application, the inspection, abatement, and/or any 
other history of interaction with OSHA must indicate good faith 
attempts to improve safety and health. An applicant's history must 
include no open investigations and no pending or open contested 
citations at

[[Page 55395]]

the time of application, and no affirmed willful violations during 
those prior 36 months.

E. Assurances

    Applications for the Star, Demonstration, and Merit Programs must 
be accompanied by certain assurances describing what the applicant 
agrees to do if the application is approved. The applicant must assure 
that:
    1. The applicant will correct in a timely manner all hazards 
addressed by OSHA's safety and health standards and regulations and by 
Section 5(a)(1) of the Act.
    2. Site employees support the VPP application.
    3. VPP elements are in place, and the requirements of the elements 
will be met and maintained.
    4. Employees, including newly hired employees and contract 
employees when they reach the site, will have the VPP explained to 
them, including employee rights under the program and under the Act.
    5. Hazards discovered through employee notification, self-
inspections, an OSHA onsite review, accident investigations, process 
hazard reviews, annual evaluations, or any other means of report, 
investigation, or analysis will be corrected in a timely manner, with 
effective interim protection provided as necessary. Site deficiencies 
related to compliance with OSHA requirements and identified during the 
OSHA preapproval onsite review will be corrected within 90 days.
    6. Employees given safety and health duties as part of the 
applicant's safety and health program will be protected from 
discriminatory actions resulting from their carrying out such duties, 
just as section 11(c) of the Act protects employees who exercise their 
rights under the Act.
    7. Employees will have access to the results of self-inspections, 
accident investigations, and other safety and health program data upon 
request. At unionized construction sites, this requirement may be met 
through employee representative access to these results.
    8. The information listed below will be maintained and available 
for OSHA review to determine initial and continued approval to the VPP:
    a. Written safety and health program;
    b. All documentation enumerated under Section J.4. of this notice; 
and
    c. Any agreements between management and the collective bargaining 
agent(s) concerning safety and health.
    9. Any data necessary to evaluate the achievement of individual 
Merit or One-Year Conditional goals not listed above will be made 
available to OSHA for evaluation purposes.
    10. Each year by February 15, each participating site will send to 
its designated OSHA VPP Manager (described in Section N.1.) the site's 
injury/illness incidence and lost/restricted workday case numbers and 
rates, hours worked, and estimated average employment for the past full 
calendar year; a copy of the most recent annual evaluation of the 
site's safety and health program; a description of worksite outreach 
activities; and any success stories, e.g., reductions in workers' 
compensation rates, increases in employee involvement in the program, 
etc.
    In addition, each participating general industry or maritime site 
will send to the designated OSHA VPP Manager the site's injury/illness 
incidence and lost/restricted workday case numbers and rates, hours 
worked, and estimated average employment for the past full calendar 
year for each applicable contractor's employees who worked 500 or more 
hours in any calendar quarter at the site and who are covered under 
Section F.4.a.(2).
    11. Whenever significant organizational or ownership changes occur, 
the site shall provide OSHA a new Statement of Commitment signed by 
both management and any authorized collective bargaining agents.
    12. Whenever a change occurs in the authorized collective 
bargaining agent, a new signed statement shall be provided indicating 
that the new representative supports VPP participation.

F. The Star Program

1. Purpose
    The Star Program recognizes leaders in occupational safety and 
health who are successfully protecting workers from death, injury, and 
illness by implementing comprehensive and effective safety and health 
programs. Star participants willingly share their experience and 
expertise, and they encourage others to work toward comparable success.
2. Term of Participation
    The term for participation in an approved Star Program is open-
ended so long as the participating site:
    a. Continues to maintain its excellent safety and health program as 
evidenced by favorable evaluation by OSHA every 30 to 60 months; and
    b. Submits the annual information required, e.g., annual rates data 
and program evaluation (see Section E.8.).

    Note: In the construction industry, participation ends with the 
completion of construction work at the site.
3. Experience
    All safety and health program elements needed for program success, 
as delineated in F.5. below, must be operating for a period of not less 
than 12 months before Star approval.
4. Injury/Illness Performance
    a. The general industry or maritime applicant at the time of 
approval must meet the following criteria:
    (1) For site employees--Both the 3-year injury and illness 
incidence rates and the lost/restricted workday injury and illness case 
rates for the most recent 3 calendar years must be below the most 
recent specific industry (at the three-or four-digit level) national 
averages published by BLS.
    Some applicants, usually smaller worksites with limited numbers of 
employees and/or hours worked, may use an alternative method for 
calculating incidence rates. The alternative method allows the employer 
to use the best 3 out of the most recent 4 years' injury and illness 
experience.
    (a) To determine whether the employer qualifies for the alternative 
calculation method, do the following:
     Using the most recent employment statistics (hours worked 
in the most recent calendar year), calculate a hypothetical rate for 
the employer assuming that the employer had two cases during the year;
     Compare that hypothetical rate to the most recently 
published BLS rate for the industry; and
     If the hypothetical rate (based on two cases) gives the 
firm a rate equal to or higher than the national average for its 
industry, the following alternative calculation method can be used. (If 
not, it cannot be used.)
    (b) If the employer qualifies for the alternative calculation 
method, the best 3 of the last 4 calendar years shall be used to 
calculate the 3-year rates for the employer.
    (2) For contract employees--The injury and illness and lost/
restricted workday injury and illness case rates (called the site 
contractor's employee rates) for the most recent calendar year for each 
applicable contractor's employees assigned to site also should be below 
the most recent specific industry national averages published by BLS.
    (a) Applicable contractors are those employers who have contracted 
with the site to perform certain jobs and whose employees worked a 
total of 500 or more hours in at least 1 calendar quarter at the 
worksite.

[[Page 55396]]

    (b) The industry averages used shall be determined by the Standard 
Industrial Classification (SIC) Code at the three-or four-digit level 
for each type of work performed.
    (c) At worksites where an applicable contractor's site rates may be 
above the national average for the work being performed, the site must 
describe the steps it is taking to ensure the contractor's site 
employees are provided effective protection. The site also must 
describe how it is working with the contractor to develop a plan to 
reduce those rates within 2 years to below the industry average for the 
work being performed.
    b. The construction applicant, at the time of approval, must meet 
the following criteria:
    (1) The site for which VPP application is being made must have been 
in operation for at least 12 months.
    (2) The applicant's combined injury and illness incidence rate and 
lost/restricted workday injury and illness case rate from site 
inception until time of application must include all workers of all 
subcontractors and must be below the national average for the type of 
construction at the site according to the most precise SIC code. The 
site's SIC code is determined by the type of construction project, not 
individual trades.
    c. Federal agency applicants shall follow the same requirements as 
general industry and maritime (see a. above), except that 3-year rates 
may be calculated by fiscal year instead of calendar year.
    5. Safety and Health Program Qualifications for the Star Program
    a. Management Leadership and Employee Involvement. Each applicant 
must be able to demonstrate top-level management leadership in the 
site's safety and health program. Management systems for comprehensive 
planning must address protection of worker safety and health. Employees 
must be meaningfully involved in the safety and health program.
    (1) Commitment to Safety and Health Protection. Authority and 
responsibility for employee safety and health must be integrated with 
the overall management system of the organization and must involve 
employees. This commitment includes:
    (a) Policy. Clearly established policies for worker safety and 
health protection that have been communicated to and understood by 
employees; and
    (b) Goal and Objectives. Established and communicated goal(s) for 
the safety and health program and results-oriented objectives for 
meeting that goal, so that all members of the organization understand 
the results desired and the measures planned for achieving them, 
especially those factors that are applicable directly to them.
    (2) Commitment to VPP Participation. Management must also clearly 
demonstrate commitment to meeting and maintaining the requirements of 
the VPP.
    (3) Planning. Planning for safety and health must be a part of the 
overall management planning process. In construction, this includes 
pre-job planning and preparation for different phases of construction 
as the project progresses.
    (4) Written Safety and Health Program. All critical elements of a 
basic systems management safety and health program must be part of the 
written program. These critical elements are management leadership and 
employee involvement, worksite analysis, hazard prevention and control, 
and safety and health training. 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 certain written procedures 
or documentation, may be waived for small businesses where the 
effectiveness of the systems has been evaluated and verified. Waivers 
will be decided on a case-by-case basis.
    (5) Management Leadership. Managers must provide visible leadership 
in implementing the program. This must include:
    (a) Establishing clear lines of communication with employees;
    (b) Setting an example of safe and healthful behavior;
    (c) Creating an environment that allows for reasonable employee 
access to top site management;
    (d) Ensuring that all workers at the site, including contract 
workers, are provided equally high quality safety and health 
protection;
    (e) Clearly defining responsibility in writing, with no unassigned 
areas. Each employee, at any level, must be able to describe his/her 
responsibility for safety and health;
    (f) Assigning commensurate authority to those who have 
responsibility;
    (g) Affording adequate resources to those who have responsibility 
and authority. This includes such resources as time, training, 
personnel, equipment, budget, and access to expert information, 
including appropriate use of certified industrial hygienists (CIH) and 
certified safety professionals (CSP) as needed, based on the risks at 
the site; and
    (h) Holding managers, supervisors, and non-supervisory employees 
accountable for meeting their responsibilities, so that essential tasks 
will be performed. In addition to clearly defining and implementing 
authority and responsibility for safety and health protection, 
management leadership entails evaluating managers and supervisors 
annually, and operating a documented system for reinforcing good and 
correcting deficient performance.
    (6) Employee Involvement. The site culture must enable and 
encourage employee involvement in the planning and operation of the 
safety and health program and in decisions that affect employees' 
safety and health. The requirement for employee participation may be 
met in a variety of ways, as long as employees have at least three 
active and meaningful ways to participate in safety and health problem 
identification and resolution. This involvement must be in addition to 
the individual right to notify appropriate managers of hazardous 
conditions and practices and to have issues addressed. Examples of 
acceptable employee involvement include but are not limited to the 
following:
    (a) Participating in ad hoc safety and health problem-solving 
groups,
    (b) Participating in audits and/or worksite inspections,
    (c) Participating in accident and incident investigations,
    (d) Developing and/or participating in employee improvement 
suggestion programs,
    (e) Training other employees in safety and health,
    (f) Analyzing job/process hazards,
    (g) Acting as safety observers,
    (h) Serving on safety and health committees constituted in 
conformance to the National Labor Relations Act.
    (7) Contract Worker Coverage. All contractors and subcontractors, 
whether in general industry, construction, or maritime, are required to 
follow worksite safety and health rules and procedures applicable to 
their activities while at the site.
    (a) Essentially, participants are expected to require of their 
contractor(s) what OSHA requires of them, an effective safety and 
health program management system in place with injury and illness rates 
for site contractor employees below the averages for their industries.
    (b) Participants must demonstrate that they have considered the 
safety and health programs and/or performance history of all 
contractors during the evaluation and selection of these contractors.
    (c) Participants must document that all contractors and 
subcontractors operating routinely at the site maintain effective 
safety and health programs and

[[Page 55397]]

comply with applicable safety and health rules and regulations.
     Such documentation must describe the 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 at the site.
     Such documentation must describe the means for prompt 
elimination or control of hazards, however detected, by the applicant 
in the event that contractors or individuals fail to correct or control 
such hazards.
     Such documentation must describe how the contractor 
submits the injury/illness incidence and lost/restricted workday data 
as described in F.4.a.(2) and how, if the applicable contractor's 
employee rates are above the BLS averages for their industries, the 
participant will work with the contractor to ensure that these rates 
will be reduced to below average within 2 years.
     Such documentation must describe the penalties, including 
contractor correction and/or dismissal from the worksite, for willful 
or repeated non-compliance by contractors, subcontractors, or 
individuals.
    (8) Safety and Health Program Evaluation. The applicant must have a 
system for annually evaluating the operation of the safety and health 
program. This system will judge success in meeting the program's goal 
and objectives, and will assist those responsible to determine and 
implement changes for continually improving worker safety and health 
protection.
    (a) The system must provide for an annual written narrative report 
with recommendations for timely improvements, assignment of 
responsibility for those improvements, and documentation of timely 
follow-up action or the reason no action was taken.
    (b) The evaluation must assess the effectiveness of all elements 
described in F.5. and any other elements of the site's safety and 
health program.
    (c) When a participant submits its annual evaluation report to 
OSHA, the site must also provide a report describing its outreach 
activities, including efforts such as mentoring other worksites, making 
presentations at meetings and conferences, providing input into OSHA's 
rulemaking, and generally helping OSHA to carry out its mission.
    (d) The evaluation may be conducted by competent corporate or site 
personnel or by competent private sector third parties who are trained 
and/or experienced in performing such evaluations. The evaluation 
should follow any format recommended by OSHA.
    (e) In construction, the evaluation must be conducted annually and 
immediately prior to completion of construction. The final evaluation 
is to determine what has been learned about safety and health 
activities that can be used to improve the contractor's safety and 
health program at other sites. If a construction company does not 
provide this final evaluation, OSHA will not consider subsequent VPP 
applications for other sites operated by that company.
    b. Worksite Analysis. Management of safety and health programs must 
begin with a thorough understanding of all hazardous situations to 
which employees may be exposed and the ability to recognize and correct 
all hazards as they arise. This requires:
    (1) Procedures to ensure analysis of all newly acquired or altered 
facilities, processes, materials, equipment, and/or phases before use 
begins, to identify hazards and the means for their prevention or 
control.
    (2) Comprehensive safety and health surveys, at intervals 
appropriate for the nature of workplace operations, which include:
    (a) Identification of safety hazards accomplished by an initial 
comprehensive baseline survey and then subsequent surveys as needed;
    (b) Identification of health hazards and employee exposure levels 
accomplished through an industrial hygiene sampling rationale and 
strategy. Sampling rationale should be based on data including reviews 
of work processes, material safety data sheets, employee complaints, 
exposure incidents, medical records, and previous monitoring results. 
The sampling strategy should include baseline and subsequent surveys 
that assess employees' exposure through screening and full shift 
sampling when necessary; and
    (c) The use of nationally recognized procedures for all sampling, 
testing, and analysis with written records of results.
    (3) Routine examination and analysis of safety and health hazards 
associated with individual jobs, processes, or phases and inclusion of 
the results in training and hazard control programs. This may include 
job hazard analysis and/or process hazard review. In construction, the 
emphasis must be on special safety and health hazards of each craft and 
each phase of work.
    (4) A system for conducting, as appropriate, routine self-
inspections that follows written procedures or guidance and that 
results in written reports of findings and tracking of hazard 
elimination or control to completion.
    (a) In general industry and maritime, these inspections must occur 
no less frequently than monthly and must cover the whole worksite at 
least quarterly;
    (b) In construction, these inspections must cover the entire 
worksite at least weekly.
    (5) A reliable system for employees, without fear of reprisal, to 
notify appropriate management personnel in writing about conditions 
that appear hazardous and to receive timely and appropriate responses. 
The system must include tracking of responses and tracking of hazard 
elimination or control to completion.
    (6) An accident/incident investigation system that includes written 
procedures or guidance, with written reports of findings and hazard 
elimination or control tracking to completion. Investigations are 
expected to seek out root causes of the accident or event and to cover 
``near miss'' incidents.
    (7) A system to analyze trends through a review of injury/illness 
experience and hazards identified through inspections, employee 
reports, accident investigations, and/or other means, so that patterns 
with common causes can be identified and the causes eliminated or 
controlled.
    c. Hazard Prevention and Control. Based on the results of worksite 
analysis, identified hazards must be eliminated or controlled by 
developing and implementing the systems enumerated beginning at (2) 
below.
    (1) The following hierarchy shall govern actions to eliminate or 
control hazards, with (a) being the most desirable:
    (a) Engineering controls are the most reliable and effective type 
of controls. These are design changes that directly eliminate (ideally) 
or limit the severity and/or likelihood of the hazard, e.g. reduction 
in pressure/amount of hazardous material, substitution of less 
hazardous material, reduction of noise produced, fail-safe design, leak 
before burst, fault tolerance/redundancy, ergonomics, etc. Although not 
as reliable as true engineering controls, this category also includes 
protective safety devices such as guards, barriers, interlocks, 
grounding and bonding systems, pressure relief valves to keep pressure 
within a safe limit, etc. These items typically seek to reduce 
indirectly the likelihood of the hazard. These controls are often 
linked with caution and warning devices like detectors and alarms that 
are either automatic (do not require a human response) or manual 
(require a human response);

[[Page 55398]]

    (b) Administrative controls that significantly limit daily exposure 
to hazard by control or manipulation of the work schedule or manner in 
which work is performed, e.g., job rotation;
    (c) Work Practice controls, a type of administrative control that 
includes workplace rules, safe and healthful work practices, and 
procedures for specific operations. Work Practice controls modify the 
manner in which an employee performs assigned work. This modification 
may result in a reduction of exposure through such methods as changing 
work habits, improving sanitation and hygiene practices, or making 
other changes in the way the employee performs the job. These controls 
must be:
     Understood and followed by all affected parties;
     Appropriate to the hazards of the site;
     Equitably enforced through a clearly communicated written 
disciplinary system that includes procedures for disciplinary action or 
reorientation of managers, supervisors, and non-supervisory employees 
who break or disregard safety rules, safe work practices, proper 
materials handling, or emergency procedures;
     Written, implemented, and updated by management as needed, 
and must be used by employees; and
     Incorporated in training, positive reinforcement, and 
correction programs; and
    (d) Personal protective equipment.
    (2) A system for initiating and tracking hazard elimination or 
control in a timely manner;
    (3) A written system for, and ongoing documentation of, the 
monitoring and maintenance of workplace equipment such as preventive 
and predictive maintenance, to prevent equipment from becoming 
hazardous;
    (4) An occupational health care program that uses licensed health 
care professionals to assess employee health status for prevention of 
and early recognition and treatment of illness and injury; and that 
provides, at a minimum, certified first aid and cardiopulmonary 
resuscitation (CPR) providers onsite for all shifts, and physician and 
emergency medical care available within a reasonable time and distance. 
Occupational health care professionals should be used as appropriate to 
accomplish these functions; and
    (5) Procedures for response to emergencies on all shifts. These 
procedures must be written and communicated to all employees, must list 
requirements for personal protective equipment, first aid, medical 
care, and emergency egress, and must include provisions for emergency 
telephone numbers, exit routes, and training drills including, at a 
minimum, annual evacuation drills.
    d. Safety and Health Training. Training is necessary to reinforce 
and complement management's commitment to prevent exposure to hazards. 
All employees must understand the hazards to which they may be exposed 
and how to prevent harm to themselves and others from such hazard 
exposure. Effective training enables employees to accept and follow 
established safety and health procedures. Training for safety and 
health must ensure that:
    (1) Managers and supervisors understand their safety and health 
responsibilities (see F.5.a.) and are able to carry them out 
effectively;
    (2) Managers, supervisors, and non-supervisory employees (including 
contract employees) are made aware of hazards, and are taught how to 
recognize hazardous conditions and the signs and symptoms of workplace-
related illnesses;
    (3) Managers, supervisors, and non-supervisory employees (including 
contract employees) learn the safe work procedures to follow in order 
to protect themselves from hazards, through training provided at the 
same time they are taught to do a job and through reinforcement;
    (4) Managers, supervisors, non-supervisory employees (including 
contractor employees), and visitors on the site understand what to do 
in emergency situations; and
    (5) Where personal protective equipment is required, employees 
understand that it is required, why it is required, its limitations, 
how to use it, and how to maintain it; and employees use it properly.
    6. Compliance with OSHA Requirements
    All Star sites are expected to comply with OSHA requirements. Any 
site deficiencies related to compliance that are uncovered through an 
OSHA onsite review, an internal inspection, an employee report, or 
other means shall be corrected promptly.

G. Demonstration Programs

1. Program Purpose and Approval
    a. Demonstration Programs provide the opportunity for companies 
and/or worksites to demonstrate the effectiveness of alternative 
methods of achieving safety and health program excellence that could be 
substituted for current Star requirements. OSHA may approve a 
Demonstration Program for such purposes as:
    (1) Exploring the application of VPP in industries where OSHA lacks 
substantial experience;
    (2) Testing alternative application and approval protocols that may 
enable sites currently ineligible for VPP to qualify for participation; 
and
    (3) Demonstrating the feasibility of joint federal agency 
oversight, including joint audits, in the area of workplace safety and 
health.
    b. A Demonstration Program also may be used to demonstrate the 
potential for a new VPP program.
    c. The basic parameters of a Demonstration Program shall be 
developed at the National Office or Regional level and shall include a 
clear outline of specific requirements.
    d. The decision to implement a Demonstration Program shall be 
approved by the Assistant Secretary before any worksite is considered 
for participation.
2. Qualifications for Demonstration Programs
    a. Safety and Health Program Requirements. Demonstration Program 
applicants must have a site safety and health program that, at a 
minimum, addresses the basic elements (management leadership and 
employee involvement, worksite analysis, hazard prevention and control, 
and safety and health training) described for Star in Section F.5. 
above. How the applicant implements these elements may be the subject 
of demonstration so long as Star quality protection is afforded to all 
employees and contractors. Further, where an alternative is being 
tested, the applicant may not be required to meet each of the specific 
elements that comprise each basic element.
    b. Injury and Illness Rates. These are identical to Star Program 
rates requirements. See F.4.
    c. Applicants must demonstrate to the Assistant Secretary's 
satisfaction that the alternative approach shows reasonable promise of 
being successful and of leading to changes in the Star Program 
requirements.
3. Term of Participation
    Worksites may be approved to a Demonstration Program for the period 
of time agreed upon in advance of approval, but not to exceed 5 years 
and subject to regular evaluation every 12 to 18 months.
    4. Approval of Demonstration Program Worksite to Star
    a. Approval to Star is contingent upon:
    (1) Successful demonstration of the alternative aspects of the 
safety and health program; and

[[Page 55399]]

    (2) A decision by the Assistant Secretary that changing the 
requirements of the Star Program to allow inclusion of these 
alternative provisions is desirable and will result in a continuing 
high level of worker protection.
    b. Once a decision has been made by the Assistant Secretary to 
change Star requirements, those changes will be effective on the date 
they are announced to the public.
    c. When the change has become effective, the Demonstration site(s) 
may be approved to Star without submitting a new application or 
undergoing further onsite review, provided that the approval occurs no 
later than 1 year following the last evaluation under the Demonstration 
Program. If more than 1 year has elapsed, an evaluation shall be 
conducted prior to recommending the worksite for approval to the Star 
Program.
5. Demonstration Termination
    a. OSHA will terminate a Demonstration Program for the following 
reasons:
    (1) The Demonstration is likely to endanger workers at the approved 
site(s).
    (2) It is unlikely that the Demonstration will result in 
participating sites' approval to the Star Program or creation of a new 
Program.
    (3) The Demonstration period has expired.
    b. When a Demonstration Program ends, any participating sites not 
approved to Star will be terminated from the VPP.

H. The Merit Program

1. Purpose
    The Merit Program is aimed at employers in any industry who do not 
yet meet the qualifications for the Star Program but who have 
implemented a safety and health program and who want to work toward 
Star Program participation. If OSHA determines that an employer has 
demonstrated the commitment and possesses the resources to achieve Star 
requirements within 3 years, Merit is used to set goals that, when 
achieved, will qualify the site for Star participation.
2. Qualifications for Merit
    a. Safety and Health Program Requirements. An eligible applicant to 
the Merit Program must have a written safety and health program that 
covers the essential elements described in Section F.5. for Star.
    (1) The basic elements (management leadership and employee 
involvement, worksite analysis, hazard prevention and control, and 
safety and health training) must all be operational or, at a minimum, 
in place and ready for implementation by the date of approval. For the 
construction industry, each site must have in place an active program 
that provides for safety and health inspections involving trained 
employees before approval.
    (2) The eligible applicant may not have met each of the specific 
Star requirements comprising each basic element. Participation in Merit 
is an opportunity for employers and their employees to work with OSHA 
to improve the quality of their safety and health programs and, if 
necessary, reduce their injury and illness rates to meet the 
requirements for Star. The site's safety and health program must be at 
Star quality within 3 years.
    b. Injury and Illness Rates.
    (1) For general industry and maritime, if the applicant's 3-year 
injury and illness incidence and/or lost/restricted workday case rate 
for the last 3 calendar years prior to approval does not meet the Star 
rates requirement (F.4.a.), the applicant must have a plan to achieve 
Star rates requirements within 2 years. It must be statistically 
possible to achieve this goal.
    For each applicable contractor working at the site (for definition 
see F.4.a.(2)(a)), if one or both rates are above the national average, 
the site must demonstrate what action will be taken to reduce the 
rate(s) so that within 2 years they are below the applicable contractor 
industry average(s) for the work being performed at the site.
    (2) For construction, if the injury and illness rates for the 
applicant site are not below the industry averages as required for 
Star, the applicant company must demonstrate that the company's 3-year 
injury and illness rates are below the most recently published BLS 
national average for the industry (at the three-digit level). The 
injury and illness incidence rate and the lost/restricted workday case 
rate must each be calculated over the last 3 complete calendar years. 
The rate must include all the applicant's employees who are actually 
employed at construction sites in that SIC. The applicant may use 
nationwide employment or may designate, with OSHA approval, an 
appropriate geographical area that includes the site for which 
application is made.
    c. Goals/Annual Evaluation. In consultation with the applicant, 
OSHA will set goals to bring Merit sites up to Star level. Site 
deficiencies related to compliance with OSHA rules will be listed as 
90-day items and not included in longer-term Merit goals. How a site is 
working toward or has achieved its Merit goals must be discussed in the 
site's annual evaluation of its safety and health program (Section 
F.5.a.(12)).
3. Term of Participation
    Worksites will be approved to the Merit Program for a period of 
time agreed upon in advance of approval but not to exceed 3 years. The 
term will depend 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 unless approval for a second term is recommended 
and is approved by the Assistant Secretary. Approval for a second term 
will be recommended only when unanticipated unique circumstances slow 
the participant's progress toward accomplishing the goals.
4. Multi-Site Eligibility
    OSHA expects that companies having many sites applying to the VPP 
will be able to learn from the experience of their first few approved 
sites and, therefore, will be able to bring their remaining sites to 
Star quality before submitting VPP applications. If OSHA determines 
that any such company has the resources to develop Star quality 
worksites, OSHA, at its discretion, may limit the number of Merit sites 
approved in the VPP from that company. In situations where this limit 
has been imposed and reached, and where a VPP team determines that an 
additional site is not at Star quality, the team shall give the site a 
list of goals to be met and documented and a minimum time frame of at 
least 1 year before a team will return to the site for further review.

I. Application for VPP

1. Instructions
    OSHA will prepare, keep current, and make available to all 
interested parties application guidelines that explain the information 
to be submitted for OSHA review.
2. Content
    a. Eligible applicants are required to provide all information 
described in the most current version of the relevant application 
instructions.
    b. Amendments to submitted applications shall be requested when the 
application information is insufficient to determine eligibility for 
onsite review.
    c. Materials needed to document the safety and health program that 
may involve trade secrets or employee privacy interests must not be 
included in the application. Instead, such

[[Page 55400]]

materials must be described in the application and provided only for 
viewing at the site during an application assistance visit and/or 
during the Pre-Approval Onsite Review.
3. Submission
    The number of application copies requested by OSHA shall be 
submitted to the appropriate OSHA Regional Office or, in the case of 
some Demonstration Program applications, to OSHA's Directorate of 
Federal-State Operations in Washington, DC. Normally, at least two 
copies will be required, but the number requested may vary depending 
upon circumstances particular to the program and/or the applicant.
4. Acceptance of Application
    a. OSHA conducts an initial review of each application to determine 
whether it meets VPP criteria that can be substantiated by the site's 
written safety and health program and supporting documentation. The 
applicant shall be given the opportunity to improve its application by 
submitting amended or additional materials.
    b. If the application is incomplete, and if after notification the 
applicant has not responded within 90 days to OSHA's request for more 
information, the Agency will consider the application unacceptable and 
will return it to the site. The site may resubmit the application when 
it is complete.
5. Withdrawal of Application
    a. Any applicant may withdraw a submitted application at any time. 
When the applicant notifies OSHA of its desire to withdraw, the 
original application(s) will be returned to the applicant.
    b. OSHA may keep the assigned VPP Manager's marked working copy of 
the application for a year before discarding it, in order to respond 
knowledgeably should the applicant raise questions concerning the 
handling of the application. Once an application has been withdrawn, a 
new submission of an application is required to be considered for VPP 
approval.
6. Public Access
    The following documents shall be maintained by OSHA for public 
access beginning on the day the site attains VPP approval and 
continuing for so long as the site remains in VPP:
    a. In the National Office--Site information and the general 
description of the site's safety and health program from the 
application; pre-approval report and subsequent evaluation reports 
prepared by OSHA; the Regional Administrator's letter of 
recommendation; transmittal memoranda to Assistant Secretary; and the 
Assistant Secretary's and Regional Administrator's approval letters.
    b. In the Regional Office--Complete VPP application and amendments; 
pre-approval report and subsequent evaluation reports; the Regional 
Administrator's letter of recommendation; Regional Administrator 
transmittal memoranda to Assistant Secretary via the Director of 
Federal-State Operations; the Assistant Secretary's approval letters; 
the memorandum to the appropriate Area Director removing the approved 
site from the general inspection list; and related correspondence.

J. Pre-Approval Onsite Review

    1. Purpose. The pre-approval review, which OSHA conducts in a non-
enforcement capacity, is a review of the site's safety and health 
program. It is conducted to:
    a. Verify the information supplied in the application concerning 
qualification for the VPP;
    b. Identify the strengths and weaknesses of the site's safety and 
health program;
    c. Determine the adequacy of the site's safety and health program 
to address the hazards of the site and to ensure compliance with all 
OSHA requirements; and
    d. Obtain information to assist the Assistant Secretary in making 
the VPP approval decision.
    2. Preparation. The review shall be arranged at the mutual 
convenience of OSHA and the applicant. The review team shall consist of 
a team leader; a back-up team leader (whenever possible); and health, 
safety, and other specialists as required by the size of the site and 
the complexity of its operations.
    3. Duration. The time required for the pre-approval onsite review 
will depend upon the size of the site and the complexity of its 
operations. Pre-approval reviews usually average 4 days onsite, but may 
be shorter or longer based on the decision of the Regional 
Administrator or Regional VPP Manager.
    4. Scope. All pre-approval onsite reviews follow a three-pronged 
strategy that assesses a site's safety and health program by means of 
document review, site walkthrough, and employee interviews.
    The onsite review shall include a review of injury and illness 
records, recalculation and verification of the injury/illness and 
incidence rates submitted with the application, verification that the 
safety and health program described in the application has been 
implemented effectively, a general assessment of safety and health 
conditions to determine if the safety and health program adequately 
protects workers from the hazards at the site, and verification of 
compliance with OSHA and VPP requirements.
    The review shall include random formal and informal interviews with 
relevant individuals (such as members of any safety and health 
committees, management personnel, randomly selected non-supervisory 
employees, and contract workers).
    Onsite document review shall entail examination of the following 
records (or samples) if they exist and are relevant to the application 
or to the safety and health program:
    a. Written safety and health program;
    b. Management statement of commitment to safety and health;
    c. The OSHA Form 200 log for the site and for all site contractor 
employees who are required to report;
    d. Safety and health manual(s);
    e. Safety rules, emergency procedures, and examples of safe work 
procedures;
    f. The system for enforcing safety rules;
    g. Reports from employees of safety and health problems and 
documentation of management's response;
    h. Self-inspection procedures, reports, and correction tracking;
    i. Accident investigation reports and analyses;
    j. Safety and health committee minutes;
    k. Employee orientation and safety training programs and attendance 
records;
    l. Baseline safety and industrial hygiene exposure assessments and 
updates;
    m. Industrial hygiene monitoring records, results, exposure 
calculations, analyses and summary reports;
    n. Annual safety and health program evaluations and site and/or 
corporate audits (where site audits are not comprehensive) necessary to 
establish that VPP requirements are being met (trade secret concerns 
will be accommodated to the extent possible), including the documented 
follow-up activities, for at least the last 3 years;
    o. Preventive maintenance program and records;
    p. Accountability and responsibility documentation, e.g., 
performance standards and appraisals;
    q. Contractor safety and health program(s);
    r. Occupational health care programs and records;

[[Page 55401]]

    s. Available resources devoted to safety and health;
    t. Hazard and process analyses;
    u. Process Safety Management documentation, if applicable;
    v. Employee involvement activities; and
    w. Other records that provide relevant documentation of VPP 
qualifications.

K. Recommendation for Program Approval

1. Deferred Approval
    If the pre-approval review determines that the applicant needs to 
take steps to meet one or more program requirements or to come into 
compliance with OSHA rules, the applicant will be given reasonable time 
(up to 90 days) before a recommendation for VPP approval is made to the 
Assistant Secretary. When necessary, an onsite visit shall be made to 
verify the actions taken after the pre-approval onsite review visit.
2. Approval
    If, in the opinion of the OSHA pre-approval onsite review team, the 
applicant has met the qualifications for participation in a VPP, the 
team's recommendation shall be made to the Regional Administrator, who, 
on concurrence, shall recommend approval to the Director of Federal-
State Operations (FSO). The Director of Federal-State Operations shall 
review the pre-approval report for compliance with the program criteria 
and consistent application of the qualifications requirements and, on 
concurrence, shall forward the recommendation to the Assistant 
Secretary to approve participation. Approval shall occur on the day 
that the Assistant Secretary signs a letter informing the applicant of 
approval.

L. Recommendation for Program Denial

    1. If OSHA determines that the applicant does not meet the 
requirements for participation in one of the VPP, the Agency shall 
allow reasonable time (not to exceed 30 calendar days) for the 
applicant to withdraw its application before the Regional Administrator 
makes a denial recommendation to the Assistant Secretary.
    2. If the Assistant Secretary accepts the recommendation to deny 
approval, the denial will occur as of the date the Assistant Secretary 
signs a letter informing the applicant of the decision.
    3. An applicant may appeal to the Assistant Secretary a finding by 
the OSHA pre-approval team that requirements have not been met. The 
Director of Federal-State Operations shall forward the appeal to the 
Assistant Secretary, along with the team's recommendation of denial and 
the FSO Director's own recommendation.
    4. Should the Assistant Secretary for any reason reject the 
recommendation to approve made by the Director of FSO and/or the 
Regional Administrator, a letter from the Assistant Secretary denying 
approval and explaining the rejection will be sent to the applicant. 
The denial will occur as of the date of the letter.

M. Inspection/Investigation Provisions

1. Programmed Inspections
    Participating worksites, unless they choose otherwise, shall be 
removed from OSHA's programmed inspection lists, including any lists of 
targeted sites for the duration of approved participation in the VPP. 
The applicant worksite shall be removed from the programmed inspection 
lists no more than 75 calendar days prior to the commencement of its 
scheduled pre-approval onsite review. The site shall remain off those 
lists until official denial of the application, applicant withdrawal of 
its application, or, if the applicant is approved to the VPP, 
subsequent cessation of active participation in the VPP.
2. Unprogrammed Inspections
    a. Workplace complaints to OSHA, all fatalities and catastrophes, 
and other significant events shall be handled by enforcement personnel 
in accordance with normal OSHA enforcement procedures.
    b. The history of the VPP demonstrates that safety and health 
problems discovered during contact with worksites normally are resolved 
cooperatively. Nevertheless, OSHA must reserve the right, where 
employees' safety and health are seriously endangered and site 
management refuses to correct the situation, to refer the situation to 
the Assistant Secretary for review and enforcement action. The employer 
shall be informed that a referral will be made to the Assistant 
Secretary and that enforcement action may result.
3. Additional VPP Investigations
    a. Following significant events, e.g., fatalities, chemical spills 
or leaks, or other accidents, OSHA may choose to use VPP personnel to 
conduct an onsite review to determine a participating site's continued 
eligibility for VPP.
    b. OSHA also may choose to investigate other significant accidents 
or events that come to its attention and that are not required to be 
handled with normal OSHA enforcement procedures, whether or not injury/
illness is involved. OSHA will use VPP personnel to determine whether 
the accident or incident reflects a serious deficiency in the site's 
safety and health program.

N. Post-Approval Contact/Assistance

1. OSHA Contact Person
    The Contact Person for each VPP worksite shall be the appropriate 
Regional VPP Manager or his/her designee. This person shall be 
available to assist the participant, as needed.
2. Assistance
    a. In some cases, such as in a Demonstration Program, at 
construction sites, or when needed for the Merit Program, an onsite 
assistance visit may be scheduled, e.g., to respond to employer 
technical inquiries or to ensure the efficacy of a Demonstration.
    b. Whenever significant changes in ownership or organizational 
structure occur, or the authorized collective bargaining agent changes, 
OSHA may make an onsite assistance visit if needed to determine the 
impact of the changes on VPP participation. In the event of such 
changes, the appropriate Regional Administrator must be notified of the 
change, and a new signed Statement of Commitment shall be required. The 
Statement must be signed by management and appropriate bargaining 
representatives.
    c. Whenever the 3-year injury and illness or lost/restricted 
workday rates of a Star Program participant exceed the latest national 
average published by BLS, at the discretion of the Regional 
Administrator, the participant may be required to develop an agreed 
upon 2-year rate reduction plan. If appropriate, OSHA may make an 
onsite assistance visit to help the site develop the plan.

O. Periodic Onsite Evaluation of Approved Worksites

1. The Star Program
    a. Purpose. Onsite evaluations of Star participants are intended 
to:
    (1) Determine continued qualification for the Star Program;
    (2) Document results of program participation in terms of the 
evaluation criteria and other noteworthy aspects of the site's safety 
and health program; and
    (3) Identify any problems that have the potential to adversely 
affect continued Star Program qualification and determine appropriate 
follow-up actions.
    b. Frequency. The first post-approval evaluation shall be within 30 
to 42 months of the initial Star approval or, in the case of a 
Demonstration Program site

[[Page 55402]]

that has been approved to Star, within 30 to 42 months of the last 
Demonstration evaluation. Subsequently, all Star participants shall be 
evaluated at no greater than 60-month intervals. (The identification of 
potentially serious safety and health risks may create the need for 
more frequent evaluations.)
    c. Scope. OSHA's evaluation of Star Program participants shall 
consist mainly of an onsite visit similar in duration and scope to the 
pre-approval program review described in J.3-4. OSHA shall review the 
documentation of program implementation since pre-approval review or 
since the previous evaluation. The evaluation shall include a review of 
injury and illness incidence and lost/restricted workday case rates for 
the site and for its applicable contractor employees as described in 
F.4. The rates reported shall be for the latest 3 complete calendar 
years. The report requirements for applicable contractor rates will be 
phased in as follows:
    (1) In 2000, contractor data for calendar year 1999;
    (2) In 2001, contractor data for calendar years 1999 and 2000;
    (3) Thereafter, data for the most recent 3 calendar years.
    d. Measures of Effectiveness. OSHA shall use the following factors 
in the evaluation of Star Program participants:
    (1) Continued compliance with the program requirements and 
continuous improvement in the safety and health program;
    (2) Satisfaction and continuing demonstrated commitment of 
employees and management;
    (3) Nature and validity of any complaints received by OSHA;
    (4) Nature and resolution of problems that may have come to OSHA's 
attention since approval or the last evaluation; and
    (5) The effectiveness of employee participation programs.
    e. Evaluation Decisions and Recommendations. The Regional 
Administrator may make one of the following decisions/recommendations 
following a Star evaluation visit:
    (1) Decision to continue participation in the Star Program;
    (2) Decision to allow a 1-year conditional participation in the 
Star Program. The VPP onsite review team may recommend this alternative 
if it finds that the site has allowed one or more program elements to 
slip below Star quality. The site must return its safety and health 
program to Star quality within 90 calendar days of the evaluation visit 
and must demonstrate a commitment to maintain that level of quality. A 
VPP onsite review team shall return in 1 year to determine if the 
site's safety and health program remains at Star quality. If Star 
quality has been maintained, the team shall recommend the site be re-
approved to the Star Program; or
    (3) Termination. After considering the recommendation of the VPP 
onsite review team, the Regional Administrator may recommend to the 
Assistant Secretary that a site be terminated if the site has been 
found to have significantly failed to maintain its safety and health 
program at Star quality.
2. The Demonstration Program
    a. Purpose of Evaluation. Onsite Demonstration evaluations are 
intended to:
    (1) Determine continued qualification for the Demonstration 
Program;
    (2) Document results of program participation in terms of the 
evaluation criteria and other noteworthy aspects of the site's safety 
and health program;
    (3) Ensure that the demonstration aspects of the program continue 
to be effective and to protect employees; and
    (4) Identify any problems that have the potential to adversely 
affect continued Demonstration Program qualification and determine 
appropriate follow-up actions.
    b. Frequency. Demonstration Program participants shall be evaluated 
every 12 to 18 months.
    c. Scope. Identical to Star Program evaluations; see O.1.c. above.
    d. Measures of Effectiveness. A Demonstration Program evaluation 
shall assess the effectiveness of the alternate criteria being 
demonstrated. It also shall consider all factors used to measure the 
effectiveness of Star Program participants. See O.1.d. above.
    e. Evaluation Recommendations and Decisions. The Regional 
Administrator may make one of the following recommendations to the 
Assistant Secretary following a Demonstration evaluation visit. The 
Assistant Secretary will then decide:
    (1) Continued participation in the Demonstration Program;
    (2) Changes in the Star requirements to include the aspects being 
demonstrated because they provide effective Star quality safety and 
health protection; or
    (3) Termination because either the Demonstration aspects do not 
provide Star quality protection or the site has significantly failed to 
maintain the remainder of its safety and health program at Star 
quality.
3. The Merit Program
    a. Purpose of Evaluation. Onsite Merit evaluations are intended to:
    (1) Determine continued qualification for the Merit Program, or 
determine whether the applicant may be approved for the Star Program;
    (2) Determine whether adequate progress has been made toward the 
agreed-upon Merit goals;
    (3) Identify any problems in the safety and health program or its 
implementation that need resolution in order to continue qualification 
or meet agreed-upon goals;
    (4) Document program improvements and/or improved results; and
    (5) Provide advice and suggestions for needed improvements.
    b. Frequency. The first evaluation of a Merit participant shall be 
conducted within 24 months (18 months is recommended) of approval. The 
site may request an earlier evaluation if it believes it has met Star 
Program qualifications.
    c. Scope. OSHA's evaluation of Merit Program participants shall 
consist mainly of an onsite visit similar in duration and scope to the 
pre-approval program review described in J.3-4. OSHA shall review 
documentation of program implementation since the pre-approval review 
or the previous evaluation. The evaluation shall include a review of 
injury and illness incidence and lost/restricted workday case rates for 
the site and for its applicable contractor employees as described in 
E.4.
    d. Measures of Effectiveness. The following factors shall be 
measured in the evaluation of Merit Programs:
    (1) Continued adequacy of the safety and health program to address 
the potential hazards of the workplace;
    (2) Comparison of employer and contractor rates to the industry 
average;
    (3) Satisfaction and continuing demonstrated commitment of 
employees and management;
    (4) Nature and validity of any complaints received by OSHA;
    (5) Resolution of problems that have come to OSHA's attention;
    (6) Effectiveness of the employee participation program; and
    (7) Progress made toward goals specified in the pre-approval or 
previous evaluation report.
    e. Evaluation Decisions and Recommendations. The Regional 
Administrator may make one of the following decisions/recommendations 
following a Merit evaluation visit:
    (1) Decision for continued Merit participation;
    (2) Recommendation for advancement to the Star Program; or
    (3) Recommendation for termination.

[[Page 55403]]

P. Termination or Withdrawal

1. Reasons for Termination.
    A site will be terminated from the VPP when:
    a. Participating site management, or the duly authorized collective 
bargaining agent, where applicable, withdraws support for VPP 
participation.
    b. A site fails to maintain its safety and health program in 
accordance with the program requirements.
    c. No significant progress has been made toward achieving the 
established Merit goals or 1-year Star Conditional goals.
    d. The Merit term of approval has expired, and no recommendation 
has been made for a second term.
    e. Construction work at a construction industry site has been 
completed.
    f. The sale of a VPP site to another company or a management change 
has significantly weakened the safety and health program.
    g. Resident contractor participation is no longer possible because 
the host site no longer participates in VPP.
    h. OSHA terminates a Demonstration Program for just cause.
    i. The Regional Administrator presents written evidence to the 
Assistant Secretary that the essential trust and cooperation among 
labor, management, and OSHA no longer exist, and therefore recommends 
termination, and the Assistant Secretary concurs.
2. Termination Notification and Appeal or Withdrawal
    Under most circumstances, OSHA shall provide the participant and 
bargaining unit representatives 30 days' notice of intent to terminate 
a site's participation in the VPP. During the 30-day period, the 
participant is entitled to appeal in writing to the Assistant Secretary 
and to provide reasons why it believes the site should not be removed 
from the VPP.
    OSHA will not provide 30 days' notice when:
    a. Other terms for termination were agreed upon before approval;
    b. A set period for approval is expiring; or
    c. Construction has been completed at a participating construction 
site.
    3. Withdrawal of a Participating Site. Upon receipt of an OSHA 
notice of intent to terminate, or for any reason, a participant may 
withdraw from the VPP by submitting written notification to the 
appropriate Regional Administrator.
    4. Reapplication Following Termination. OSHA will not consider the 
reapplication of a terminated site for a period of 3 years from the 
date of termination.

Q. Reinstatement

    Reinstatement requires reapplication.

    Signed at Washington, DC, this 4th day of October, 1999.
Charles N. Jeffress,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. 99-26558 Filed 10-8-99; 8:45 am]
BILLING CODE 4510-26-P