[Federal Register Volume 65, Number 142 (Monday, July 24, 2000)]
[Notices]
[Pages 45650-45663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18605]



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Part II





Department of Labor





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Occupational Safety and Health Administration



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

  Federal Register / Vol. 65, No. 142 / Monday, July 24, 2000 / 
Notices  

[[Page 45650]]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


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

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

ACTION: Notice of revisions to the program.

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SUMMARY: The Occupational Safety and Health Administration, wishing to 
revise its Voluntary Protection Programs (VPP), published draft 
revisions and requested comments from stakeholders and the general 
public (Federal Register Notice 64 FR 55390, October 12, 1999). The 
Agency now publishes a discussion of those comments and its final VPP 
revisions. 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.

EFFECTIVE DATE: The revisions are effective January 1, 2001, except 
that III.F.4.a.(2) and III.G.4. are effective July 24, 2000.

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, telephone (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 worksite. 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, in keeping with the President's ``Plain Language in 
Government Writing'' Memorandum of June 1, 1998. 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 three most notable changes are an expansion of 
eligibility to certain classes of worksites previously not covered by 
the program, increased expectations concerning the management of the 
safety and health of contractors' employees working at VPP sites, and a 
new illness reporting requirement. This last means OSHA will consider a 
worksite's illness experience together with 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. (hereinafter referred to as the Act or 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 safe 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. Discussion of the Comments

    This section includes a review of the public comments submitted to 
OSHA in response to its October 12, 1999 Notice, and the Agency's 
decisions to either change or let stand certain provisions in that 
Notice. OSHA received comments from 15 respondents. These included 8 
VPP participating companies, 2 professional associations, 2 trade 
associations, 2 private consultants, and the Voluntary Protection 
Programs Participants' Association. The comments are addressed in the 
order in which the topics are found in the draft Notice.

A. Eligibility

    1. Resident Contractors. VPP accepts applications from resident 
contractors at participating VPP sites for the contractors' operations 
at those VPP sites. One respondent held that contractors at VPP sites 
should not have to make separate application and undergo separate 
onsite review. The respondent suggested that OSHA include in the VPP 
application every organization with workers at the site for 500 hours 
or more in a quarter (the draft revision's definition of applicable 
contractor) and award VPP approval to them all. OSHA does not consider 
this in the best interest of the VPP or individual applicants. Not all 
contractors meet the VPP's rigorous standards. While OSHA is not 
prepared to take the respondent's suggestion, it is willing to assess 
contractors desiring VPP participation at the same time as it assesses 
the site applicant when it considers such an action appropriate and 
conserving of resources.
    2. Unionized Sites. A basic tenet of VPP is that, at the worksites 
with the best safety and health protection--those worthy of VPP 
recognition--management and employees work cooperatively to ensure a 
safe and healthful worksite. Therefore, at unionized sites, the 
authorized collective bargaining representative(s) must support VPP 
participation. One respondent was concerned that union

[[Page 45651]]

support for VPP could become a leveraging tool during collective 
bargaining and requested language to discourage this practice. While 
OSHA certainly hopes that support for VPP by either the union or 
management does not become an issue in matters unrelated to workplace 
safety and health, the Agency's role does not extend to advising the 
parties on appropriate collective bargaining methods.

B. Assurances

    1. The draft revisions provided that applicants assure they ``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.'' 
Two respondents voiced concern about guaranteeing in writing that all 
Section 5(a)(1) ``general duty'' hazards will be identified and 
corrected, suggesting that the practical difficulty of fulfilling this 
assurance may discourage applications to the program. Full compliance 
with the OSH Act has always been a basic assumption of the VPP, and 
OSHA did not intend to suggest that any change in policy or procedure 
was being proposed. Upon consideration, the Agency sees no reason to 
single out the Act's Section 5(a)(1). Therefore, to the 1988 Notice's 
requirement that applicants assure that ``All hazards discovered 
through self-inspections, accident investigations or employee 
notification will be corrected in a timely manner,'' this Notice's 
Assurances section will now add the explicit requirement that VPP 
applicants assure compliance with the Act and, for Federal agencies, 
with 29 CFR 1960.
    2. The draft revisions provided that applicants assure that ``site 
employees support the VPP application.'' One respondent asked for 
guidance on how non-union applicants demonstrate employee support. How 
employees show their support varies from site to site. At unionized 
sites, employee support is evidenced by the collective bargaining 
representative either signing the application or submitting a signed 
statement of support for VPP participation (required at III.D.2.). At 
non-union sites, it has been OSHA's experience that employee attitudes 
about VPP will become evident to management during the process of 
improving the site's safety and health program and putting together the 
VPP application. No specific demonstration of employee support is 
needed before management can assure OSHA that site workers support the 
application. When OSHA's review team visits the site for its pre-
approval review (and on subsequent visits), team members will verify 
during employee interviews that the employees are supportive of VPP 
participation.
    3. Applicants must assure that, each year by February 15, they will 
send certain performance data to the designated OSHA VPP Manager. An 
important change contained in the draft revisions was the addition of 
illnesses to the data. Previously, only information about injuries had 
to be reported. No respondent objected to the addition of a site's 
illness experience to VPP requirements. Seven respondents addressed 
this issue, however, and most recommended postponing implementation of 
the illness rate reporting requirements until proposed revisions to 
OSHA's general recordkeeping standard go into effect. Respondents were 
anxious that VPP reporting requirements be consistent with any new OSHA 
recordkeeping requirements.
    OSHA agrees with the need for consistency, and the VPP staff has 
had extensive discussions with OSHA's Directorate of Safety Standards 
Programs (which has been working on the new recordkeeping standard) 
since receiving the comments. The Agency has decided not to postpone 
its new VPP reporting requirements pending final publication of a 
revised recordkeeping standard. However, the requirement to begin 
reporting data on both injuries and illnesses will be effective January 
1, 2001, the new effective date of most provisions in this final 
Federal Register Notice, rather than immediately upon publication of 
this Notice. Therefore, beginning in 2001, OSHA will require applicants 
and existing sites to submit the total recordable case incidence rate 
(combining injuries and illnesses) and the incidence rate for days away 
from work and restricted work activity (combining injuries and 
illnesses). For sites already participating in VPP, the first reporting 
to OSHA of this data will occur by February 15, 2001, and will reflect 
the calendar year 2000 experience. Days away from work and restricted 
work activity will continue to be combined; these previously were 
termed ``lost workdays.'' These categories of performance data also 
will apply to the required reporting of applicable contractor safety 
and health experience.
    For the first year only of the new reporting requirements, OSHA 
will need additional data in order to recalculate 3-year incidence 
rates that reflect illnesses as well as injuries. Therefore, when 
participating sites submit their information to OSHA by February 15, 
2001, they will be expected to report the total recordable case 
incidence rate, the incidence rate for total cases involving days away 
from work and restricted work activity, the total number of cases 
reflected in these rates, average annual employment, and the total 
hours worked for calendar years 1998 and 1999 as well as calendar year 
2000. OSHA does not need and is not asking participating sites to 
submit contractor data for calendar years 1998 and 1999, unless the 
contractor is directly supervised by site management and is normally 
included in the site's employee injury/illness data reporting.
    OSHA wishes to reassure its VPP sites that the newly required data 
can be obtained from both the OSHA Form 200 (the ``OSHA Log'') and its 
expected successor OSHA Form 300.
    The proposed revision of OSHA's recordkeeping standard is expected 
to make certain changes in the definitions of injury and illness. VPP 
applicants and participating sites will continue to employ the existing 
definitions until a revised standard becomes effective.
    4. Under the draft revisions, the annual data submission included 
data on applicable contractors' employees. An applicable contractor was 
defined as one whose employees worked a total of 500 or more hours (the 
equivalent of one full-time employee) in at least one calendar quarter 
at the site. Three respondents recommended changing the definition of 
applicable contractor in ways that would have the effect of reducing 
the number of contractors whose safety and health data VPP sites must 
report to OSHA. One respondent recommended basing contractor 
applicability on contractor hours relative to total site hours, for 
example, contractors whose average hours per quarter are equal to or 
greater than 1% of the site's average hours. OSHA is concerned that, at 
large sites, one consequence of such a change would be to exclude from 
applicability contractors who have relatively few employees at the site 
but who, in actuality, may have substantial numbers of employees 
performing highly hazardous work. For example, at a site with 2,000 
employees, a contractor would have to employ the equivalent of at least 
20 full-time employees to be considered applicable under the 1% 
definition. The Agency believes this would be an unwise reduction in 
contract worker protection.
    Another respondent suggested increasing the threshold from 500 
hours per quarter to 5,000 hours per quarter, the equivalent of 10 
full-time employees. Still another respondent suggested 1,500 hours 
(the equivalent of

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3 full-time employees) instead of 500. OSHA concedes that 500 hours, 
i.e., one full-time contractor employee, may pose unduly burdensome 
reporting requirements at some VPP sites. However, the Agency is 
reluctant to raise the number dramatically, because it could weaken the 
VPP requirements concerning contractor safety and health. The purpose 
of this revision is to strengthen the program. Therefore, the Agency 
has decided on a modest change in the definition of applicable 
contractor, from 500 hours in a calendar quarter to 1,000 hours.
    5. Two respondents objected to the requirement to collect and 
report site performance data for applicable contractors, characterizing 
this requirement as burdensome, expensive, and unachievable. Given the 
reality of contractor presence in today's workplace, OSHA is convinced 
that contractor data are essential to assess the safety and health 
performance of a VPP applicant or participant site. The collection and 
reporting of contractor rates also will help a site identify areas of 
needed improvement in its contractor management and oversight system. 
Therefore, OSHA will expect sites to assure they will submit annual 
performance data on applicable contractors. The data to be submitted 
are for performance at the site only.
    6. Under the draft revisions, applicants were expected to submit 
each year to the VPP Manager a description of worksite outreach 
activities. Some readers of the Notice interpreted this as a 
requirement to conduct outreach. OSHA wants to encourage mentoring, 
community involvement, and other forms of outreach by VPP worksites. 
Further, the information sites share with the Agency concerning their 
outreach activities is useful in documenting the value of VPP. However, 
at this time OSHA believes that VPP eligibility should be based on an 
applicant's onsite safety and health performance. Therefore, while the 
Agency intends to continue encouraging voluntary outreach, it is 
removing from the Notice references to reporting of outreach 
activities.

C. Status of Participants Whose Rates Are Impacted by Addition of 
Illnesses

    A Star participant voiced concern that the addition of illness data 
in the calculation of a site's performance rates could push the rates 
above the national average and jeopardize the site's Star status. OSHA 
realizes that the addition of illnesses may indeed cause rates to 
increase above the national average at some VPP sites. Further, there 
will be a period of time when a site's rates under the proposed new 
OSHA recordkeeping standard, if finalized, are being compared with 
rates developed under the prior recordkeeping standard. While the basic 
categories of information will not change, some definitions will, e.g., 
what injuries and illnesses are recordable. This may result in some 
temporary rate fluctuations not truly indicative of substantive changes 
in the site's safety and health performance. The Agency is prepared to 
assist current Star participants on a case by case basis and believes 
the VPP already contains the appropriate means. At III.N.2.c., the VPP 
gives the Regional Administrator discretion to provide a grace period 
in the form of a 2-year rate reduction plan whenever a Star 
participant's 3-year rates exceed the latest national average published 
by BLS.

D. Small Worksite Alternative Method of Calculating Rates

    The proposed alternative calculation is intended to help primarily 
small sites to qualify for VPP even when they have experienced 1 year 
of abnormally high rates. One respondent believes that small companies 
in its industry will not benefit from this provision and recommends a 
different means to help small companies: extending eligibility to small 
employers with 19 or fewer employees who exceed their industry average 
in any 1 year by 1.5 to 2 times.
    OSHA's VPP staff availed itself of extensive assistance from OSHA's 
Office of Statistics when developing the alternative rate calculation 
proposed in the Notice. The Agency is confident that the proposed 
alternative method will effectively enable the small employer with an 
excellent safety and health management system to qualify for VPP even 
when a small number of injuries/illnesses in 1 year disproportionately 
affects the site's rates.

E. Safety and Health Program Requirements

    1. One respondent requested clarification of the requirement that 
the safety and health program be written. Worksites that already have a 
comprehensive written safety and health program that includes the VPP 
elements need not create a new, separate document for VPP eligibility. 
The VPP application guidelines specify that, where existing written 
policies, guidelines, forms, etc. describe an applicant's programs, 
OSHA encourages the site to submit these documents rather than write 
new material for the VPP application.
    2. OSHA received several comments on the meaning of Management 
Leadership. The Agency believes the subelements provided in the Notice 
offer an adequate framework within which each VPP site may establish 
systems appropriate to its company culture and site needs. ``Reasonable 
employee access to top site management'' (III.F.5.a.(5)(c)) refers to 
onsite managerial personnel and not to managers located elsewhere, 
e.g., a corporation's chief executive officer.
    3. One required aspect of Management Leadership is the provision of 
adequate resources to those who have safety and health responsibility 
and authority. The draft Notice went on to give examples of such 
resources, including ``appropriate use of certified industrial 
hygienists (CIH) and certified safety professionals (CSP) as needed * * 
*.'' One respondent suggested this language be expanded to recognize 
other occupational health care professionals who participate in the 
management of workplace safety and health issues. OSHA recognizes that 
many professionals other than CIHs and CSPs provide important services 
to VPP worksites. Therefore, in both the Management Leadership section 
and later in the discussion of the occupational health care program, 
the use of these other professionals has been acknowledged.
    4. OSHA received several comments on the meaning of Employee 
Involvement. The Agency agrees that the effectiveness of employee 
participation in the site's safety and health program is paramount. At 
VPP sites, meaningful and active employee involvement helps ensure 
that, every day, the site's protective systems operate successfully and 
employees understand their essential roles within these systems. OSHA's 
evaluation of the effectiveness of a site's employee involvement is 
accomplished by examining documents, interviewing employees, and 
conducting the site walkthrough during the VPP onsite review.
    5. The requirement for increased participant responsibility for 
contractor safety and health drew several comments. OSHA is not 
convinced by the argument that VPP sites should not be expected to 
ensure high-quality protection of contract workers. The Agency believes 
that a more performance-based requirement would be reasonable, however, 
thus giving the sites greater latitude to design site-appropriate 
contractor oversight and management programs. Changing to a less 
prescriptive contractor oversight requirement also may resolve a 
potentially serious problem raised by a federal agency participant, 
i.e., that the change proposed in the draft Notice

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conflicted with the Federal Agency Regulation (FAR) governing federal 
sites and could prevent federal sites from qualifying for VPP. 
Therefore, OSHA has substantially rewritten the requirements relating 
to contractor safety and health. The requirement in the Assurances to 
report contractor information remains (although, as noted above, the 
definition of applicable contractor has changed), but the entire 
section III.F.4.a.(2) from the draft Notice is deleted, including the 
requirement that applicable contractors' rates be below the national 
averages. Section III.F.5.a.(7) has been substantially rewritten and 
now reflects OSHA's expectation that VPP sites will develop and 
implement contractor oversight and management systems that effectively 
protect contractor employees and the site employees whose safety and 
health are affected by the presence of contract workers.
    6. The identification and analysis of worksite hazards are 
essential components of an effective safety and health program. One 
respondent asked about the extent to which OSHA is requiring the 
involvement of occupational health care professionals in site hazard 
analysis. The need to involve occupational health care professionals, 
and the type of professionals involved, will depend on the hazards of 
the site and the extent of in-house expertise. Whether the analysis is 
performed by regular onsite staff or by outside staff contracted for 
this purpose is irrelevant; in either case, OSHA expects the 
professionals to be familiar with the operations and hazards of the 
site (an initial walkthrough may be appropriate to ensure familiarity). 
A variety of qualified occupational health care professionals 
(occupational health nurses, occupational physicians, industrial 
hygienists, ergonomists, etc.) may be used to manage the site's hazards 
depending on the nature of those hazards.

F. Multi-Site Merit Eligibility

    The draft Notice stated that if a company has many sites applying 
to VPP, and if OSHA determines that the company has the resources to 
develop Star quality sites, the Agency has the discretionary authority 
to limit the number of Merit sites approved from that company. This 
provision was intended to help OSHA effectively manage its limited VPP 
resources in situations where a large company wishes to bring numerous 
sites into VPP. Four responders were concerned about this program 
change. They argued that limiting the number of Merit sites will 
undercut the efforts of hardworking employees and may undermine the 
momentum to improve safety and health. One responder pointed out that 
the impetus to apply for VPP often originates at the site level, with 
minimal corporate level involvement, and that limiting such a site's 
opportunity to participate in VPP would be unfair. One large multi-site 
company suggested that there are other ways to address the resource 
issue. It pointed out that while it hopes to bring many sites into VPP, 
it also intends to sponsor dozens of new VPP Volunteers, an innovative 
aspect of the VPP which allows qualified employees of VPP sites to 
assist OSHA personnel as members of onsite review teams.
    OSHA considers the above arguments compelling. Further, the 
stronger requirements for Merit eligibility, and the stated expectation 
that in order to qualify for Merit, a site must demonstrate the 
commitment and possess the resources to achieve Star within 3 years, 
should effectively limit the growth of Merit participation to sites 
worthy of VPP recognition. Therefore, OSHA has removed the provision on 
limiting the number of Merit sites.

G. Examination of Corporate Audits

    Four respondents were concerned about OSHA's onsite examination of 
corporate audits during the pre-approval onsite review. One respondent 
held that existing requirements of facility-based audits and other 
supporting documentation should be sufficient at a VPP-quality site. In 
similar vein, another initially suggested (but in later discussion 
changed its position) that, if a site does not maintain all required 
documentation, OSHA should cease its review rather than expect the site 
to provide access to corporate-level documents. Still another responder 
stated that expecting companies to turn over voluntary self-audit 
information seemed inconsistent with OSHA's proposed enforcement policy 
on use of self-audit records.
    OSHA believes the VPP policy does not conflict with the Agency's 
proposed enforcement policy on self-audits, although OSHA procedures 
during an enforcement visit are not especially relevant in the context 
of a voluntary VPP onsite visit. The Agency does believe that the VPP 
onsite review team needs the discretionary authority to ask about 
additional documents when site documents are insufficient to establish 
VPP qualification. Many sites rely on corporate-level safety and health 
personnel to conduct certain aspects of the site's ongoing hazard 
analysis, and the findings would typically be contained in corporate 
documents. To the extent these documents are needed to determine VPP 
eligibility, OSHA may ask to examine them, and the site may voluntarily 
choose to provide them. If such documentation is not provided and is 
necessary to demonstrate VPP criteria are being met, OSHA may find 
itself unable to approve the site for participation.

H. Right To Appeal a Notice of Termination

    Under most circumstances, OSHA will provide a participant and its 
bargaining unit representatives 30 days' notice of intent to terminate 
the site's participation in VPP. One respondent thought that 30 days 
was not enough time for an employer to properly file an appeal and 
suggested 60 days' notice. OSHA believes that 30 days is sufficient. In 
practice, the participant almost always will know well in advance of 
the official notice that OSHA believes there is a serious problem 
warranting termination.
    The final revised program follows.

III. 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 OSH Act. Compliance with 
occupational safety and health standards, OSHA regulations, 29 CFR 1960 
for Federal agencies, 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

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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 and health 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 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, the OSHA VPP Volunteers, 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 and, 
for Federal agencies, under 29 CFR 1960. 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 1960 that have implemented a safety and health 
program meeting the requirements of Sec. 1960. 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

[[Page 45655]]

resident contractors at participating VPP sites for the contractors' 
operations at those VPP sites. Any application received by OSHA 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 or notices under appeal at 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 comply with the Act and, in the case of 
Federal agencies, 29 CFR 1960, and will correct in a timely manner all 
hazards discovered through self-inspections, employee notification, 
accident investigations, an OSHA onsite review, process hazard reviews, 
annual evaluations, or any other means. The applicant will provide 
effective interim protection as necessary.
    2. Site deficiencies related to compliance with OSHA requirements 
and identified during the OSHA preapproval onsite review will be 
corrected within 90 days.
    3. Site employees support the VPP application.
    4. VPP elements are in place, and the requirements of the elements 
will be met and maintained.
    5. 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 or 
29 CFR part 1960.
    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 and 29 CFR 1960.46(a) protect 
employees who exercise their rights.
    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 III.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 III.N.1.):
    a. The site's total recordable case incidence rate for injuries and 
illnesses combined for the previous calendar year and
    b. the site's incidence rate for cases involving days away from 
work and restricted work activity.
    Each site will also submit the total number of cases for each of 
the above two rates; hours worked; 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; and a description of any worksite 
success stories, e.g., reductions in workers' compensation rates, 
increases in employee involvement in the program, etc.
    c. In the year 2001 only, when participating sites submit their 
information to OSHA by February 15, 2001, they will be expected to 
report the total recordable case incidence rate, the incidence rate for 
days away from work and restricted work activity, the total number of 
cases reflected in these rates, total hours worked, and estimated 
average employment for calendar years 1998 and 1999 as well as calendar 
year 2000.
    11. At the same time, each participating general industry, 
maritime, or federal agency site will send to the designated OSHA VPP 
Manager site data on each applicable contractor's employees.
    a. Applicable contractors are those employers who have contracted 
with the site to perform certain jobs and whose employees worked a 
total of 1,000 or more hours in at least 1 calendar quarter at the 
worksite.
    b. The data will consist of the site's total recordable case 
incidence rate and the incidence rate for cases involving days away 
from work and restricted work activity for each applicable contractor's 
employees; total number of cases from which these two rates were 
derived; hours worked; and estimated average employment for the past 
full calendar year.
    12. Whenever significant organizational or ownership changes occur, 
the site will provide OSHA within 60 days a new Statement of Commitment 
signed by both management and any authorized collective bargaining 
agents.
    13. Whenever a change occurs in the authorized collective 
bargaining agent, the site will provide OSHA within 60 days a new 
signed statement 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 III.E.10.-11.).

    Note: In the construction industry, Star and Merit 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 III.F.5. below, must be

[[Page 45656]]

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--Two rates reflecting the experience of the 
most recent 3 calendar years must be below the most recent specific 
industry national averages for nonfatal injuries and illnesses (at the 
most precise level available, either three or four digits) published by 
the Bureau of Labor Statistics (BLS). These rates are:
    (a) The 3-year total recordable case incidence rate (a single rate 
that reflects 3 years of total recordable injuries and illnesses), and
    (b) The 3-year incidence rate for cases involving days away from 
work and restricted work activity (previously referred to as the lost 
workday case incidence rate).
    (2) 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/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 total 
recordable case incidence rate for the employer assuming that the 
employer had two cases during the year;
     Compare that hypothetical rate to the most recently 
published BLS combined injury/illness total recordable case incidence 
rate for the industry; and
     If the hypothetical rate (based on two cases) is equal to 
or higher than the national average for the firm's industry, the 
employer qualifies for the alternative calculation method.
    (b) If the employer qualifies for the alternative calculation 
method, the best 3 of the last 4 calendar years may be used to 
calculate both 3-year rates (specified in (1)(a) and (1)(b) above) for 
the employer.
    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 total recordable case incidence rate and its 
incidence rate for cases involving days away from work and restricted 
work activity, 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 appropriate and representative SIC code. The site's SIC code 
is determined by the type of construction project, not individual 
trades.
    c. Federal agency applicants must 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.
    d. When BLS changes from the SIC classification system to the North 
American Industry Classification System (NAICS) and begins publishing 
data under the new system, VPP applicant/participant site rates will be 
compared with the rates generated under NAICS.
    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 the goal(s), so that all members of the organization understand 
the results desired and the measures planned for achieving them, 
especially those factors that directly apply to them.
    (2) Commitment to VPP Participation. Management must 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. Federal agency safety and health 
programs must also meet the requirements of 29 CFR part 1960, and 
construction site safety and health programs must also meet the 
requirements of 29 CFR 1926.20. All aspects of the safety and health 
program must be appropriate to the size of the worksite and the type of 
industry. For small businesses, OSHA may waive some formal 
requirements, such as certain written procedures or documentation, 
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 information and experts, 
including appropriate use of certified safety professionals (CSP), 
certified industrial hygienists (CIH), other licensed health care 
professionals, and other experts as needed, based on the risks at the 
site; and
    (h) Holding managers, supervisors, and non-supervisory employees 
accountable for meeting their safety and health responsibilities. 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 correcting deficient performance.
    (6) Employee Involvement. The site culture must enable and 
encourage effective employee involvement in the planning and operation 
of the safety and health program and in decisions that

[[Page 45657]]

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, maritime, or federal agency 
sites, must follow worksite safety and health rules and procedures 
applicable to their activities while at the site.
    (a) In addition to ensuring that contractors follow site safety and 
health rules, VPP participants are expected to encourage their 
contractors to develop and operate effective safety and health program 
management systems.
    (b) To this end, participants must have in place a documented 
oversight and management system for applicable contractors (see 
definition at III.E.11.a.) that ensures the contractors' site employees 
are provided effective protection and that drives improvement in 
contractor safety and health. Such a system should ensure that safety 
and health considerations are addressed during the contractor selection 
process and when contractors are onsite.
    (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 at III.F.5. and any other elements of the site's safety and 
health program.
    (c) The evaluation may be conducted by competent site, corporate, 
or other private sector persons who are trained and/or experienced in 
performing such evaluations. The evaluation should follow any format 
recommended by OSHA.
    (d) 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. Site hazards identified during 
the hazard analysis process must be eliminated or controlled by 
developing and implementing the systems discussed at (2) below and by 
using the hierarchy provided at (3) below.
    (1) The hazard controls a site chooses to use must be:
    (a) Understood and followed by all affected parties;
    (b) Appropriate to the hazards of the site;
    (c) 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;

[[Page 45658]]

    (d) Written, implemented, and updated by management as needed, and 
must be used by employees; and
    (e) Incorporated in training, positive reinforcement, and 
correction programs;
    (2) The required systems of hazard prevention and control are:
    (a) A system for initiating and tracking hazard elimination or 
control in a timely manner;
    (b) 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;
    (c) 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, access to certified first aid and 
cardiopulmonary resuscitation (CPR) providers, physician care, and 
emergency medical care for all shifts within a reasonable time and 
distance. Occupational health care professionals should be used as 
appropriate to accomplish these functions; and
    (d) 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.
    (3) The following hierarchy should 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);
    (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.
    (d) Personal protective equipment.
    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 III.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 
contractor 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 
deficiencies related to compliance that are uncovered through an OSHA 
onsite review, an internal inspection, an employee report, or other 
means must 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 will be 
developed at the National Office or Regional level and will include a 
clear outline of specific requirements.
    d. The decision to implement a Demonstration Program must 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 at III.F.5. above, 
including 29 CFR 1960 requirements for Federal agencies and 29 CFR 
1926.20 requirements for construction sites. 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. Where an alternative is being tested, the applicant may 
not be required to meet each of the specific sub-elements that comprise 
each basic element.
    b. Injury/Illness Performance Requirements. These are identical to 
Star Program rate requirements. See III.F.4.
    c. Applicants must demonstrate to the Assistant Secretary's 
satisfaction that

[[Page 45659]]

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
    (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 becomes 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 
18 months following the last evaluation under the Demonstration 
Program. If more than 18 months has elapsed, an evaluation must 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; or
    (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 at III.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 before approval an 
active program that provides for safety and health inspections 
involving trained employees.
    (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. Combined Injury and Illness Rates
    (1) For general industry, maritime, and federal agencies, if the 
applicant's 3-year total recordable case incidence rate reflecting all 
recordable injuries and illnesses and/or the applicant's 3-year 
incidence rate for cases involving days away from work and restricted 
work activity, for the last 3 calendar years prior to approval, does 
not meet the Star rate requirements (III.F.4.a.), the applicant must 
have a plan to achieve Star rate requirements within 2 years. It must 
be statistically possible to achieve this goal.
    (2) For construction, if the incidence rates for the applicant site 
are not below the industry averages as required for Star, the applicant 
company must demonstrate that the company-wide 3-year rates are below 
the most recently published BLS national average for the industry (at 
the three-digit level). The total recordable case incidence rate and 
the incidence rate for cases involving days away from work and 
restricted work activity must each be calculated over the last 3 
complete calendar years. The rates 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 will not be 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 (III.F.5.a.(8)).
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.

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 must provide all information described in 
the most current version of the relevant application instructions.
    b. OSHA will request amendments to submitted applications 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 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.

[[Page 45660]]

3. Submission
    The number of application copies requested by OSHA must 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. OSHA normally will require 
at least two copies, 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 will 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 will 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 will be arranged at the mutual convenience of OSHA and 
the applicant. The review team will 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 will include a review of injury, illness, and 
fatality records; recalculation and verification of the total 
recordable injury and illness case incidence rate and the incidence 
rate for cases involving days away from work and restricted work 
activity (the two rates submitted with the application); 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; verification of compliance with OSHA and VPP requirements; and 
verification that the safety and health program described in the 
application has been implemented effectively.
    The review will 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, union representatives, and contract workers.
    Onsite document review will entail examination of the following 
records (or samples) if they exist and are relevant to the application 
or to the safety and health program (trade secret concerns will be 
accommodated to the extent feasible):
    a. Written safety and health program;
    b. Management statement of commitment to safety and health;
    c. The OSHA Form 200 log (or a successor OSHA form) 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, site audits, and, 
when needed to demonstrate that VPP criteria are being met, corporate 
audits that a site voluntarily chooses to provide in support of its 
application. The review of evaluative documents needed to establish 
that the site is meeting VPP requirements will cover at least the last 
3 years and will include records of follow-up activities stemming from 
program evaluation recommendations;

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    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;
    s. Available resources devoted to safety and health;
    t. Hazard and process analyses;
    u. Process Safety Management (PSM) 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 will 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 will be made to the Regional Administrator, who, 
on concurrence, will recommend approval to the Director of Federal-
State Operations (FSO). The Director of Federal-State Operations will 
review the pre-approval report for compliance with the program criteria 
and consistent application of the qualifications requirements and, on 
concurrence, will forward the recommendation to the Assistant Secretary 
to approve participation. Approval will 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 will 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 will 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, will 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 will 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 will 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 will 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 any 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 
will 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 that warrants reevaluation of the site's VPP 
qualification.

N. Post-Approval Contact/Assistance

1. OSHA Contact Person
    The Contact Person for each VPP worksite will be the appropriate 
Regional VPP Manager or his/her designee. This person will 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 within 60 days, and a new signed Statement of Commitment will be 
required. The Statement must be signed by management and appropriate 
bargaining representatives.
    c. Whenever a 3-year rate (either the total recordable case 
incidence rate or the incidence rate for cases involving days away from 
work and restricted work activity) of a Star Program participant 
exceeds 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;

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    (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 will be within 30 
to 42 months of the initial Star approval or, in the case of a 
Demonstration Program site that has been approved to Star, within 30 to 
42 months of the last Demonstration evaluation. Subsequently, all Star 
participants will 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 will 
consist mainly of an onsite visit similar in duration and scope to the 
pre-approval program review described in III.J.3-4. OSHA will review 
the documentation of program implementation since pre-approval review 
or since the previous evaluation. The evaluation will include a review 
of incidence rates and supporting data (specified in III.E.10.-11.) for 
the site and for its applicable contractor employees for the latest 3 
complete calendar years. The review of applicable contractor data will 
be part of OSHA's evaluation of the effectiveness of the site's 
contractor oversight and management system. The review of applicable 
contractor rates will be phased in as follows:
    (1) In 2001, contractor data for calendar year 2000;
    (2) In 2002, contractor data for calendar years 2000 and 2001;
    (3) Thereafter, data for the most recent 3 calendar years.
    d. Measures of Effectiveness. OSHA will 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 will 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 will 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 will 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 will be evaluated 
every 12 to 18 months.
    c. Scope. Identical to Star Program evaluations; see III.O.1.c. 
above.
    d. Measures of Effectiveness. A Demonstration Program evaluation 
will assess the effectiveness of the alternate criteria being 
demonstrated. It also will consider all factors used to measure the 
effectiveness of Star Program participants. See III.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 will 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 will 
consist mainly of an onsite visit similar in duration and scope to the 
pre-approval program review described at III.J.3.-4. OSHA will review 
documentation of program implementation since the pre-approval review 
or the previous evaluation. The evaluation will include a review of 
total recordable case incidence rates and incidence rates for cases 
involving days away from work and restricted work activity, for both 
the site and its applicable contractor employees as described at 
III.E.10.-11.
    d. Measures of Effectiveness. The following factors will 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;

[[Page 45663]]

    (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.

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 will 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 18th day of July 2000.
Charles N. Jeffress,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. 00-18605 Filed 7-21-00; 8:45 am]
BILLING CODE 4510-26-P