[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Pages 53300-53316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19730]



[[Page 53299]]

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Part IV





Department of Labor





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Occupational Safety and Health Administration



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Voluntary Protection Program for Construction, Draft; Notice

  Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / 
Notices  

[[Page 53300]]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Voluntary Protection Program for Construction, Draft; Notice

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Notice of proposed new program within the Voluntary Protection 
Programs (VPP); request for comments.

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SUMMARY: OSHA requests stakeholder and public comments on a proposed 
new Voluntary Protection Program for Construction (VPPC), published in 
draft below. The program is intended to create greater opportunity for 
employers and employees in the construction industry to participate in 
and obtain the benefits of OSHA's VPP, the agency's premiere 
recognition program. To qualify for VPP, employers must provide 
exemplary worker protection by establishing effective Safety and Health 
Management Systems (SHMS).

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be postmarked by November 1, 2004.
    Facsimile and Electronic Transmission: Your comments must be sent 
by November 1, 2004.

ADDRESSES:
    Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket No. C-06, Room N-2625, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210. Please contact the OSHA 
Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery, and messenger service. OSHA Docket Office and Department 
of Labor hours of operation are 8:15 a.m. to 4:45 p.m., EST.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this document, Docket 
No. C-06, in your comments.
    Electronic: You may submit comments, but not attachments, through 
OSHA's Web site at the following address: http://ecomments.osha.gov. 
Information such as studies and journal articles must be submitted in 
triplicate hard copy to the OSHA Docket Office at the address above. 
The additional materials must clearly identify your electronic comments 
by name, date, subject, and docket number so we can attach them to your 
comments.
    Access to Comments and Submissions: OSHA will make all comments and 
submissions available for inspection and copying at the OSHA Docket 
Office at the above address. Comments, and submissions relating to this 
document that are not protected by copyright, will also be available on 
OSHA's Web site. OSHA cautions you about submitting personal 
information such as Social Security numbers and birth dates. Contact 
the OSHA Docket Office at (202) 693-2350 for information about 
materials not available through the OSHA Web site and for assistance in 
using the Web site to locate docket submissions.

FOR FURTHER INFORMATION CONTACT: Cathy Oliver, Director, Office of 
Partnerships and Recognition, Occupational Safety and Health 
Administration, Room N3700, 200 Constitution Ave. NW., Washington, DC 
20210, telephone (202) 693-2213. Electronic copies of this Federal 
Register notice, as well as news releases and other relevant documents, 
are available at OSHA's Web site, http://www.osha.gov.

I. Introduction

A. Background

    The Voluntary Protection Programs (VPP), adopted by OSHA in Federal 
Register Notice 47 FR 29025, July 2, 1982, and revised in several 
subsequent Notices, 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 Safety and Health Management 
Systems (SHMS) with active employee involvement to prevent or control 
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.
    The well documented success of VPP, the applicability of VPP 
principles to diverse industries and work situations, and the presence 
within its ranks of world-class models of safety and health excellence 
have produced a continuing stream of applications from small and large 
businesses. OSHA, in an effort to further reduce workplace injuries and 
illnesses, is committed to even greater growth of its premiere 
recognition program.
    The construction industry, traditionally one of the nation's most 
hazardous, has never been able to take full advantage of the benefits 
of VPP participation. There are multiple reasons for the construction 
industry's under-representation. These include:
     VPP eligibility requirements traditionally apply to fixed 
worksites ``controlled'' by the applicant. This alone rules out many 
trades-oriented employers acting as subcontractors. (e.g., plumbers, 
heating and ventilation workers, sheetrock installers, etc.) Many of 
these employers, nevertheless, have exceptional SHMS that proactively 
identify and protect their workers from hazards, regardless of where 
they are working.
     The short-term scope of some construction projects and the 
mobile nature of the construction workforce have limited participation 
in VPP by the construction industry.
     A construction site, with its often hazardous and 
frequently changing working conditions, presents unique challenges to 
the development and implementation of an effective SHMS.
     Construction companies have expressed concern over the 
burdensome paperwork process and resources necessary for application 
and implementation of VPP Merit or Star.
    For many years, the construction community and the Advisory 
Committee on Construction Safety and Health (ACCSH) have urged OSHA to 
create a means for greater construction industry participation in VPP. 
Moreover, industry statistics point to the need for increased, vigorous 
efforts to reduce industry hazards and the resulting fatalities, 
injuries and illnesses within the construction industry. For example, 
according to the Bureau of Labor Statistics (BLS), in calendar year 
2002, construction companies accounted for an estimated six percent of 
total private sector employment, but almost nine percent of total work-
related recordable injuries and illnesses. There were 1,121 work-
related fatalities involving construction work, more than 20 percent of 
the private sector's 5,524 fatalities reported during that year.
    OSHA agrees with ACCSH and industry representatives that making VPP 
a feasible goal for small, medium, and large construction employers 
would encourage a greater number of them to implement effective SHMS. 
In OSHA's experience, such systems are the best way to reduce work-
related injuries, illnesses, and fatalities.
    OSHA therefore implemented two Star Demonstration programs to

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evaluate alternative VPP criteria that, if successful, could lead to 
greater construction participation. The Star Demonstration for Short-
Term Construction Projects, approved April 10, 1998, involved 
construction employers and subcontractors working at selected short-
term worksites (12-18 months duration). The program tested alternative 
VPP eligibility requirements and procedures, and enabled OSHA to gain 
experience as to how such companies ensure safe and healthful work 
environments at multiple, short-term construction sites. The Mobile 
Workforce Star Demonstration Program, approved November 13, 1998, gave 
companies whose employees travel from one site to another (and 
therefore typically do not ``control'' the worksite) the opportunity to 
demonstrate their ability to provide high level safety and health 
protection for their mobile workforce. OSHA required participants in 
both programs to maintain all four of the SHMS elements of the 
traditional VPP--management leadership and employee involvement, 
worksite analysis, hazard prevention and control, and safety and health 
training--at a level of excellence equal to VPP's Star Program.
    A successful VPP Star Demonstration Program, initiated in 1993, 
resulted in VPP's expanded eligibility to resident contractors at 
existing VPP sites. The majority of construction contractors, however, 
continue to operate outside VPP eligibility parameters. There presently 
are only 42 construction projects participating in the federally-
operated VPP out of a total of 798 participants.\1\
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    \1\ These numbers are accurate as of August 2004 and include 
participants in VPP Star and Merit, each of the Star Demonstration 
Programs, and resident contractors.
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    To determine the effectiveness of these programs and the viability 
and feasibility of expanding VPP to more construction employers, OSHA 
undertook an analysis of the Star Demonstrations. In addition, over a 
3-day period in December 2003, OSHA met with construction employers and 
trade association representatives in Washington, DC. OSHA also met in 
March 2004 with representatives of the Building and Construction Trades 
Department, AFL-CIO. The analysis; the stakeholder meetings; and 
ongoing discussions with ACCSH, other construction industry 
representatives, employee representatives, and OSHA VPP personnel 
indicated across the board support for a separate VPP for Construction 
(VPPC).
    OSHA now proposes to establish VPPC. The details of this proposal 
reflect significant input from numerous stakeholders and OSHA's own 
experiences with the Demonstration Programs. OSHA is grateful for the 
opportunity to work so closely with the construction industry to craft 
a program that will maintain VPP's high performance standards and, at 
the same time, respond to the industry's unique needs.
    Once VPPC is finalized, OSHA expects to move current construction 
participants, including current Short-Term and Mobile Workforce Star 
Demonstration Participants and resident contractors, from the current 
VPP into the new VPPC. In rare instances where implementation of the 
VPPC requirements is still not feasible, and it is necessary to test 
alternative methods to these requirements, new Star Demonstration 
programs may be proposed. Section XI of this document contains 
procedures for applying as a Star Demonstration Program.
    It has been OSHA's practice to request public comment and to give 
serious consideration to all feedback before implementing significant 
changes to the VPP. This practice continues with the agency's request 
for comments on its proposed VPPC.

B. Statutory Framework

    The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et 
seq., 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 that establish the legislative framework for the VPP:
    ``* * * (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.''
    In addition, Section 21(c) provides that the Secretary, in 
consultation with the Secretary of Health and Human Services, shall:
    ``* * * (1) provide for the establishment and supervision of 
programs for the education and training of employers and employees in 
the recognition, avoidance, and prevention of unsafe or unhealthful 
working conditions in employments covered by this Act;'' and
    ``* * * (2) consult with and advise employers and employees, and 
organizations representing employers and employees as to effective 
means of preventing occupational injuries and illnesses.

II. Discussion of Proposed VPPC

A. Overview

    OSHA seeks to continue working cooperatively with construction 
employers of all types and sizes to assist them in developing and 
implementing effective SHMS that serve to actively prevent, eliminate, 
and/or control workplace hazards to achieve the ultimate goal of 
preventing work related injuries, illnesses, and fatalities. In order 
to provide opportunities for all construction employers to experience 
the benefits of VPP participation, OSHA is redesigning the VPP 
requirements to better meet the needs of the construction industry. 
While there will be minor changes in the SHMS elements (Management 
Leadership and Employee Involvement, Worksite Analysis, Hazard 
Prevention and Control, and Safety and Health Training), the major 
changes fall primarily within the areas of VPP eligibility, the 
application process, onsite evaluation and reevaluation, and the 
approval process.
    The broadened opportunity for participation in VPPC should serve as 
an incentive for increased involvement by both small construction 
employers and general contractors who perform a wide spectrum of work 
on many projects/sites. Sections C-I below contrast current VPP 
eligibility with proposed VPPC eligibility.

B. Definitions

    1. Baseline Hazard Analysis. The identification and documentation 
of common hazards associated with a project/site, such as those found 
in OSHA regulations, building codes, and other recognized industry 
standards and for which existing controls are well known.
    2. Business Unit. (Sometimes referred to as a company or subsidiary 
of a corporation or division.) An entity that is engaged in 
construction-related work

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(typically contract work) within a designated Federal OSHA 
jurisdiction, and that has oversight authority for the SHMS and 
ultimate responsibility for assuring safe and healthful working 
conditions at or within projects/sites. One example of a business unit 
is the part of a company that bids and performs contract work and/or 
provides construction services for another company's plant or project.
    3. C/D/BU (Corporate, Division, or Business Unit)--A term used to 
identify VPPC applicants/participants at a corporation, division, or 
business unit level versus a site-based level.
    4. Company. A business entity, sometimes used interchangeably with 
corporation, business unit, division, general contractor, or 
subcontractor when referencing various aspects of VPPC.
    5. Controlling Employer. For the purpose of VPPC a controlling 
employer is defined as any entity at a construction project/site (such 
as a general contractor or construction manager) that controls project/
site operations and has ultimate responsibility for assuring safe and 
healthful work conditions at the project/site.
    6. Corporate Applicant/Participant. An entity whose entire 
operations within a designated Federal OSHA jurisdiction are covered by 
the VPPC application. The entity must be engaged primarily in 
construction and normally must have corporate oversight authority for 
the SHMS, including ultimate responsibility for assuring safe and 
healthful working conditions at or within all projects/sites. 
Additional operations include the headquarters and other office 
buildings, maintenance facilities, warehouses, etc.
    7. Division Applicant/Participant. (Sometimes referred to as an 
entity or subsidiary of a corporation.) A VPPC applicant or participant 
that is engaged primarily in construction, that performs contract work 
within a designated Federal OSHA jurisdiction, and that has corporate 
oversight authority for the SHMS and ultimate responsibility for 
assuring safe and healthful working conditions at or within projects/
sites, including the activities of any divisions or business units 
under its control. Examples of divisions are power, refinery/chemical, 
heavy and highway, telecommunications, etc.
    8. Expansion Region. Any OSHA region, other than the Primary 
Region, for which an applicant submits a VPPC application. A request 
for expansion must be coordinated through the Primary Region and 
Directorate of Cooperative and State Programs (DCSP) and will be 
contingent upon obtaining VPPC approval in the Primary Region.
    9. General Contractor. A company that controls operations at an 
entire project (or controls work within a project/site) and that 
normally has ultimate responsibility for assuring safe and healthful 
working conditions at the project/site.
    10. Geographical Area. A boundary specified by a C/D/BU VPPC 
applicant where active worksites will be included in the application 
approval process. This would normally be an OSHA Area Office or a State 
within Federal OSHA jurisdiction. C/D/BU VPPC applicants may also 
specify region-wide participation with prior approval by the 
appropriate OSHA Regional Administrator.
    11. Primary Region. The OSHA region where a company initially 
applies for VPPC participation under C/D/BU. Once OSHA approves a 
company in a Primary Region, that region becomes the main contact and 
coordinator if the company wishes to expand its participation to other 
OSHA regions.
    12. Site Implementation Plan (SIP). A brief (usually 1-5 pages) 
document that describes how safety and health policies and procedures 
are implemented and adhered to at each individual construction site or 
project.
    13. Special Government Employee (SGE). SGEs are qualified employees 
of a VPP or VPPC participant that are trained and approved by OSHA to 
function as members of OSHA's onsite evaluation teams for another 
applicant/participant's project/site.
    14. Subcontractor. An entity that performs work for a general 
contractor, prime contractor, or project manager of a construction 
project/site. The subcontractor controls its own work operations but 
does not have overall control of the project/site. Subcontractors are 
directly responsible for assuring safe and healthful working conditions 
for their employees and other employees that they control at all 
locations within a project/site for which they are contractually 
responsible.
    15. Safety and Health Management System (SHMS). A method of 
preventing worker fatalities, injuries, and illnesses through the 
ongoing planning, implementation, integration and control of four 
interdependent elements: Management Leadership and Employee 
Involvement; Worksite Analysis; Hazard Prevention and Control; and 
Safety and Health Training. (For details, see Appendix A.)
    16. Temporary Employee. Any employee who is temporarily obtained 
from an employment service or borrowed from another employer and whose 
work activities the applicant/participant directs and controls.

C. Eligibility

    1. Current Eligibility. VPP currently accepts construction 
applications from the general contractor, owner, or an organization 
that provides overall management at a site, controls site operations, 
and has ultimate responsibility for assuring safe and healthful working 
conditions at the site. OSHA accepts VPP applications only for 
individual construction projects/sites that will have been in operation 
for at least 12 months prior to approval and have no fewer than 12 
months remaining onsite.
    OSHA also accepts applications from resident contractors at 
participating VPP projects/sites for the contractor's operations at 
those VPP projects/sites. For employers not fitting these categories, 
the only other current means for VPP participation are through the 
Mobile Workforce and Short-Term Construction Star Demonstration 
Programs.
    2. Proposed Eligibility. All construction employers (where OSHA has 
jurisdiction) will be eligible to submit an application for 
participation in VPPC, including subcontractors, general contractors 
with short-term projects, construction managers, and employers with 
mobile workforces.

D. Safety and Health Management Systems

    The VPP requires that applicants implement all elements and sub-
elements of an SHMS. The four elements are: Management Leadership and 
Employee Involvement, Worksite Analysis, Hazard Prevention and Control, 
and Safety and Health Training. OSHA realizes that, due to the 
frequency of changing conditions at construction sites and the short-
term nature of the work, the requirements for baseline hazard analysis 
and annual emergency evacuation drills need modification if they are to 
be feasible and appropriate for the construction industry. OSHA learned 
this through experience with the Mobile Workforce and Short-Term 
Construction Star Demonstration programs; these issues were part of the 
demonstrations' alternative means to meet Star requirements.
    1. Current SHMS Elements. Currently, under the worksite analysis 
element, OSHA requires that a baseline hazard analysis be conducted to 
identify common health and safety hazards and the means for their 
prevention or control. A new baseline is not required

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unless processes, equipment or procedures change.
    In addition, under the hazard prevention and control element, OSHA 
requires that emergency procedures include an annual evacuation drill.
    2. Proposed SHMS Elements.
    a. Baseline Hazard Analysis: OSHA proposes to allow VPPC applicants 
to utilize appropriate and relevant preexisting company data collected 
on similar tasks at previous jobsites as a sample data baseline. If 
exposure profiles and work tasks remain similar, OSHA will require no 
further sampling. If the work processes change, OSHA will require 
additional sampling.
    b. Annual Emergency Evacuation Drills: OSHA proposes to accept 
alternative processes or systems to ensure employees are knowledgeable 
of emergency evacuation procedures. This includes the applicant's 
development of a more in-depth written plan that describes the policies 
and procedures it uses and the training it requires to ensure that 
employees know what to do in case of an emergency. Additionally, each 
employee should participate in at least one emergency evacuation drill 
each year. Further, OSHA proposes that during the onsite evaluations, 
the team assess the effectiveness of the plan through its evaluation of 
the worksite, including employee interviews.

E. Application Process

1. Current Application Process
    OSHA currently accepts applications from controlling employers who 
operate construction sites that will have been in operation for at 
least 12 months prior to approval, with no fewer than 12 months 
remaining onsite.
    OSHA also currently accepts applications for the Short-Term 
Construction Star Demonstration from general contractors or 
construction managers with projects/sites lasting 12-18 months. This 
application is submitted to OSHA's National Office. After approval, the 
applicant submits a streamlined, less burdensome Site Implementation 
Plan (SIP) for each project/site.
    Finally, OSHA currently accepts applications for the Mobile 
Workforce Star Demonstration Program; these can be submitted to either 
the Regional or National Office.
2. Proposed Application Process
    a. Site-Based Application Process. In VPPC, construction employers 
will submit site applications for long-term (two or more years) 
projects for approval in the Star and Merit Programs. Examples of these 
projects are airports, powerhouses, stadiums, large office buildings, 
etc. Program requirements will be similar to those presently 
established in section III. F., G., and H. of 65 FR 45649, July 24, 
2000, as amended by 68 FR 68475, December 8, 2003. The applicant will 
be expected to submit the required information to OSHA, including 
injury and illness data, and provide the required annual self-
evaluation reports. The new VPPC extracts and incorporates the site-
based application requirements from 65 FR 45649 with minor editorial 
modifications.
    b. C/D/BU Application Process. New proposed requirements for VPPC 
will enable C/D/BUs with projects/sites in a defined geographic area to 
submit applications to OSHA. Normally a defined geographic area may not 
exceed one state, unless the applicant successfully negotiates a larger 
area with the Regional Administrator. The maximum geographic area a 
Regional Administrator may approve is region-wide. The application will 
cover work that the applicant is ``contractually responsible for'' or 
the specific scope of work the applicant is being paid to perform, 
rather than only work sites that the applicant actually ``controls.'' 
This will place the responsibility for individual worker safety and 
health on the construction employer that employs the workers, whether 
or not the employees work on a site that is ``controlled'' by the 
employer. This is consistent with the statement of employer duties, 
Section 5.(a) of the Occupational Safety and Health Act of 1970, and 
allows a broad range of contractors performing a variety of different 
types of work to be eligible to apply for VPPC (for example, 
subcontractors, general contractors with short-term projects, mobile 
workforce employers, and construction managers). C/D/BU applications 
will be submitted to the Primary Regional Office. OSHA will only 
consider Expansion Regions after OSHA approves an application in the 
Primary Region.

F. Onsite Evaluation Process

    1. Current Evaluation Process. In VPP, OSHA currently conducts 
onsite evaluations of individual construction sites after acceptance of 
a completed application. An OSHA evaluation team will conduct a multi-
day onsite evaluation of the SHMS including an opening conference; 
walkthrough of the site; formal and informal interviews with management 
and employees; document review; and closing conference. The onsite 
evaluation covers all employees at the worksite including contract, 
subcontract, and temporary employees.
    For current Mobile Workforce and Short-Term Construction Star 
Demonstration Program participants, OSHA conducts onsite evaluations at 
the corporate headquarters. For Mobile Workforce, at least two onsite 
evaluations are conducted. For Short-Term Construction, onsite 
evaluations are conducted at each project/site.
    2. Proposed Evaluation Process.
    a. Site-Based Evaluation Process. For site-based applicants, the 
onsite evaluation process will remain the same as the current process.
    b. C/D/BU Evaluation Process. For C/D/BU applicants, a two-step 
evaluation process is proposed. OSHA will first conduct an onsite 
evaluation at the C/D/BU headquarters offices to evaluate the C/D/BU-
level safety and health policies, requirements, and management systems 
in place, to ensure they meet VPPC requirements. In those situations 
where a construction employer is additionally seeking approval in 
Expansion Regions, OSHA will conduct only one corporate onsite 
evaluation unless there are significant differences in the applicant's 
policies and requirements in the Expansion Regions.
    In the second step, OSHA will conduct onsite evaluations at a 
sampling of projects/sites in each geographic area for which the 
applicant seeks approval. Projects/sites will be selected, at OSHA's 
discretion, from a list provided by the applicant. The purpose of these 
onsite evaluations will be to verify that the C/D/BU-level policies and 
requirements are being implemented appropriately at the project/site 
level. OSHA will conduct onsite evaluations in both the Primary and 
Expansion Region(s) as follows:
     When an applicant has 2-25 projects/sites in the defined 
geographic area, OSHA will perform 2 onsite evaluations.\2\
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    \2\ Applicants who do not have at least two sites within a 
defined geographic area should not apply under C/D/BU for that 
geographic area. A possible exception is the approved Primary Region 
participant who wishes to expand into one or more regions.
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     When an applicant has 26-99 projects/sites in the defined 
geographic area, OSHA will perform 3 onsite evaluations.
     When an applicant has 100+ projects/sites in the defined 
geographic area, OSHA will perform 4 onsite evaluations.
    The onsite evaluations will address all four SHMS elements. In 
addition, each individual project/site must have a Site Implementation 
Plan (SIP) that OSHA will review during the onsite

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evaluation and upon request thereafter. For additional details 
regarding SIPs, see section III.H.7.

G. Approval and Recognition Process

    1. Current Approval and Recognition Process. Applicants with long-
term construction projects/sites are currently recommended for approval 
by the Regional Administrator having jurisdiction over the site. The 
Assistant Secretary for OSHA approves all new applicants. The Regional 
Administrator reapproves existing participants after reevaluation. Once 
approved, the site is removed from OSHA's programmed inspection list. 
VPP recognizes individual construction site applicants in either the 
Star or Merit Programs.
    For current Mobile Workforce and Short-Term Construction Star 
Demonstration Program participants, OSHA awards recognition to the 
corporate headquarters under Mobile Workforce and awards recognition to 
individual sites under Short-Term. The current Mobile Workforce and 
Short-Term Construction Star Demonstration Programs only provide 
recognition in the Star Program. There is no provision for Merit.
    2. Proposed Approval and Recognition Process.
    a. Site-Based Approval and Recognition. For site-based applicants, 
the VPPC approval and recognition process will remain the same as the 
current process.
    b. C/D/BU Approval and Recognition. For C/D/BU applicants, the 
Regional Administrator will recommend VPPC approval and recognition at 
the level requested by the company in its application (for example, 
corporate, division, or business-unit level). The Assistant Secretary 
for OSHA will make the decision to approve. The Regional Administrator 
will approve reevaluations. For subcontractors, all work performed 
within the defined geographical area will qualify for an exemption from 
programmed inspections. For general contractors or other controlling 
employers, all work performed on sites within the approved geographic 
area will qualify for exemption from programmed inspections. OSHA will 
primarily base these exemptions on the site lists that participants 
will provide and routinely update. Sites that qualify for exemption, 
but for some reason do not appear on the lists (i.e., the project/site 
is too new to have appeared on previous lists), may still receive the 
exemption provided that VPPC participation is verified with the 
inspecting official upon her/his arrival.
    OSHA is proposing to have both the Star and Merit Programs 
available to all types of construction employers. The level of 
recognition achieved will depend on the degree to which the applicant 
meets Star or Merit requirements. Additional details regarding approval 
and recognition are available in section IV.

H. Reevaluation Process

    1. Current Reevaluation Process. For Star participants, OSHA 
currently reevaluates the site three years after initial approval and 
every three to five years thereafter. For Merit participants, OSHA 
currently reevaluates the site 12-18 months after initial approval, and 
again at the end of the Merit term. OSHA reevaluates Short-Term 
Construction Star Demonstration Program participants every 12-18 
months. For Mobile Workforce Star Demonstration program participants, 
the agency evaluates at least two additional worksites each year for 
the duration of the Demonstration.
    2. Proposed Reevaluation Process. For VPPC Star participants, OSHA 
will reevaluate at 2-year intervals. For VPPC Merit participants, OSHA 
will reevaluate every 12-18 months.
    The reevaluations will verify that the participant still is 
effectively meeting its responsibilities under the VPPC. For C/D/BU 
participants, these reevaluations will follow the chart found in 
section II.F.2.b. The number of reevaluations performed will be based 
on the number of sites within the jurisdiction at the time of the 
reevaluation, not the number of evaluations performed during initial 
approval.
    OSHA may reevaluate sooner than this time frame if significant 
changes take place (e.g., in ownership, senior level organizational 
structure, scope of work, injury and illness rates, or collective 
bargaining agreement representation) or if the company or project(s)/
site(s) have experienced any other significant performance-related 
issues.

I. Additional Requirements

    1. Corporate Oversight for C/D/BU Applicants. C/D/BU applicants 
must provide corporate oversight for all covered projects/sites. 
Corporate oversight must include provisions for each project/site 
ensuring that VPPC requirements are met, including an assurance that 
the C/D/BU-level SHMS and policies that are implemented across all 
projects/sites. A description of this process is required for all C/D/
BU applications and will be verified by OSHA during the corporate 
onsite evaluation.
    2. Site Implementation Plans for C/D/BU Applicants. A C/D/BU 
applicant must develop and maintain concise (normally 1-5 pages) SIPs 
for each listed project/site. (C/D/BU subcontractor applicants may, 
with the consent of the appropriate Regional Administrator, create one 
or more Master SIPs that will cover standard project/site procedures. 
Projects/sites that deviate from these procedures must have separate 
SIPs.) OSHA will review these SIPs during onsite evaluations and upon 
request thereafter.
    3. Quarterly Reports for C/D/BU Participants. In addition to the 
annual self-evaluations, C/D/BU participants are required to prepare 
and submit quarterly reports to the appropriate OSHA Regional 
Office(s). Quarterly reports provide a description of any significant 
changes (e.g., in ownership, senior level organizational structure, 
scope of work, injury and illness rates, or collective bargaining 
agreement representation) and an update of the participant's projects/
sites list. (Subcontractors whose sites are in constant flux need only 
update their site lists for the annual reports and in preparation for 
scheduled onsite evaluations.) Annual self-evaluations will serve as 
fourth quarter reports.
    4. Injury and Illness Recordkeeping. The requirements for site-
based applicants/participants will remain the same as the current VPP: 
The total recordable case incidence rate (TCIR) and the days away/
restricted activity/job transfer case rate (DART rate) will be 
calculated for the entire site. These rates must include the site 
injury and illness experience of all contractors, subcontractors, and 
temporary employees. The site must have at least one year of rates 
prior to approval. (See Appendix B for details.)
    OSHA will require C/D/BU applicants to submit three-year corporate 
rates with their application. In addition, C/D/BU applicants who employ 
contractors, subcontractors and/or temporary employees must include 
these rates going back at least one year. By the end of one year of 
VPPC participation, the C/D/BU must maintain records that reflect two 
years of contractor, subcontractor and temporary employee rates. 
Thereafter, three years of rates must be maintained. (See Appendix B 
for details.)

III. VPPC Requirements

A. Eligibility

    OSHA will accept VPPC applications from:
    1. Construction companies engaged in long-term construction 
projects for

[[Page 53305]]

specific construction sites (site-based), and from
    2. Construction companies at the corporate, division, or business 
unit levels in a defined geographical area (C/D/BU-based).
    Both types of applicants must meet all requirements and agree to 
applicable assurances as set forth in section III.H of this document.

B. Cooperative Relationship

    VPPC emphasizes the importance of cooperation among labor, 
management, and government to implement comprehensive worksite SHMS. 
This innovative public/private partnership helps carry out OSHA's 
mission ``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), Occupational Safety and Health Act 
of 1970, 84 STAT.1590) Labor, management, and government actively 
collaborate in efforts to resolve safety and health problems and reach 
the VPPC standards of excellence. Participating construction employers 
at the corporate, division, business unit, and site levels, and the 
employees who work cooperatively with management to ensure worksite 
safety and health excellence, receive official recognition from OSHA.
    VPPC participants' cooperation with OSHA, and their promotion of 
effective SHMS, may also take such forms as presentations before 
meetings of labor, industry, and government groups; input in OSHA 
rulemaking; and participation in activities including OSHA Special 
Government Employees (SGEs), mentoring, outreach, and training. OSHA 
designates a contact person, usually the Regional VPP Manager, who 
coordinates each approved participant's contact with the agency.

C. Injury and Illness Performance Requirements

    All applicants must meet the minimum injury and illness performance 
criteria as set forth in Appendix B of this document.

D. Safety and Health Management System Requirements

    All applicants/participants must have implemented an effective SHMS 
that addresses all four elements and meets minimum requirements. The 
quality and degree to which an applicant has implemented the elements 
and sub-elements will determine whether OSHA approves the applicant for 
Star or Merit. The requirements for an effective SHMS are documented in 
Appendix A. Minimum requirements for Merit approval will be detailed in 
the VPPC Policies and Procedures Manual.

E. Corporate Oversight

    C/D/BU applicants/participants must have established and 
implemented an ongoing corporate oversight system that assures each 
project/site maintains VPPC-level safety and health performance. This 
requires an effective oversight system that must include the following 
processes:
    1. Effective communication between Corporate-level management and 
each project/site;
    2. A means for assuring that both Corporate-level management and 
project/site management and employees remain committed to VPPC 
performance and participation;
    3. An internal Corporate-level system to ensure each project/site 
meets VPPC requirements;
    4. A process to review and analyze project/site information 
regarding the identification, correction, and tracking of workplace 
hazards;
    5. A system to hold projects/sites and/or program managers 
accountable for SHMS deficiencies;
    6. A process to review and analyze injury and illness data 
(including near-misses) on at least a quarterly basis;
    7. Policies and procedures to protect employees from hazards at a 
project/site that are outside of the employer's control; and
    8. A process to review SIPs to assure they adequately address 
applicable hazards and implement the necessary site-specific actions 
and procedures to protect workers.
    9. A process to verify that supervisors and employees receive 
appropriate worker safety and health training.

F. Compliance With OSHA Standards

    Each VPPC applicant must comply with all OSHA requirements. Any 
deficiencies related to compliance uncovered through an OSHA onsite 
evaluation, an internal inspection, an employee report, or any other 
means must be corrected promptly. Correction time frames and 
consequences for non-correction are detailed in III.J.

G. OSHA History

    All applicants must inform OSHA of their OSHA inspection history.
    Site-Based Applicants. If the project/site was inspected by OSHA 
within the 36-month period preceding the application, the inspection, 
abatement, and/or any other history of interaction with OSHA must 
indicate good faith attempts to improve safety and health. A project/
site's inspection history must include no open investigations, no 
pending or open contested citations or notices under appeal at the time 
of application, no affirmed willful violations, and not have been 
subject to an Enhanced Enforcement Program activity during the prior 36 
months.
    C/D/BU applicants. All of the above tenets apply. However, the OSHA 
history will be examined for work performed by the applying entity 
within the defined geographical area.

    Note: OSHA history pertaining to non-VPPC projects/sites of the 
same company will not adversely affect VPPC participation, unless it 
is determined that an entity's decision, program, or policy, which 
applies to all projects/sites, does not meet OSHA standards.

H. Assurances

    Applications must be accompanied by assurances that the applicant 
will honor the agreed upon actions if the application is approved. The 
following assurances are required in both the Star and Merit Programs. 
All applicants must assure OSHA that they will:
    1. Comply with the Act and will correct (and provide effective 
interim hazard protection as necessary), in a timely manner, all 
hazards discovered through self-inspections, employee notification, 
accident investigations, OSHA onsite evaluations, process hazard 
reviews, annual evaluations, or any other means.
    2. Develop, maintain, communicate, enforce, and oversee policies 
and requirements that meet a level of safety and health performance 
consistent with VPPC requirements.
    3. Allow OSHA to perform onsite evaluations of the applicant/
participant's work activities (subcontractors must receive controlling 
entity approval), and correct any conditions identified by OSHA that 
are deemed to be a violation of an OSHA rule or are otherwise harmful 
to employees, as outlined in section III.J of this document.
    4. Correct within an agreed upon time period any/all deficiencies 
identified during the OSHA onsite evaluation relating to compliance 
with OSHA requirements.
    5. Meet annual and final self-evaluation requirements as described 
in Appendix A, section A.8.
    In addition to the above assurances, C/D/BU applicants must 
additionally provide the following assurances:
    6. In addition to the annual self-evaluations, participants will 
prepare quarterly reports, including an updated site list and a 
description of significant changes (e.g., in ownership, senior level 
organizational structure, scope of work, injury and illness rates, or 
collective

[[Page 53306]]

bargaining agreement representation) affecting VPPC participation. 
(Specialty trade contractors whose projects/sites are in a constant 
state of flux need only update their project/site lists for the annual 
report and in preparation for scheduled onsite evaluations.) The annual 
self-evaluations will serve as fourth quarter reports.
    7. Develop and maintain concise (normally 1-5 pages) SIPs for each 
listed project/site. C/D/BU subcontractor applicants may, with the 
consent of the appropriate Regional Administrator, create one or more 
Master SIPs that will cover standard projects/sites procedures. Work 
that deviates from these procedures must have a separate SIP. SIPs must 
include, at a minimum, each of the following elements:
    a. Site name and address;
    b. Site manager/Project Manager (name, title, phone numbers, and e-
mail address);
    c. Project/site VPPC Contact (name, title, phone numbers, and e-
mail address);
    d. The major phases of the construction project, including 
projected completion time (controlling contractors only);
    e. Written documentation that indicates the owner, unions (where 
applicable), and subcontractors at the site/project formally agree to 
follow VPPC requirements (controlling contractors only);
    f. A written summary that indicates how Management Leadership, 
Employee Involvement, Worksite Analysis, Hazard Prevention and Control, 
and Training will be implemented onsite;
    g. Written description of how the applicant's SHMS will be 
implemented onsite.

I. Employee Support

    1. Employee Support at Non-Union Sites. Employee support for 
projects/sites that do not fall under collective bargaining agreements 
will be determined through OSHA interviews with employees selected by 
OSHA. Based on these interviews, OSHA will determine whether the 
projects/sites or C/D/BU meet the requirements of employee involvement 
and support for the VPPC application.
    2. Employee Support at Union Sites.
    a. For Site-Based Applicants. Options to signify employee support 
for participation in VPPC include:
     The authorized representative for each collective 
bargaining unit provides a signed statement with the application 
indicating that the union supports VPPC participation; or
     The president of the local Building Trades Council 
provides a signed statement of support on behalf of all local unions on 
the Council that represent employees at the site. (Unions not party to 
the Building and Construction Trades Department AFL/CIO, such as the 
United Brotherhood of Carpenters and Joiners of America, shall sign a 
statement independently of the other trade unions showing support for 
VPPC.)
    OSHA will not approve an application package until it has assurance 
of support from authorized collective bargaining representatives 
working at the applicant's project/site; or, who have signed agreements 
with the subcontractor who is applying for VPPC.
    b. For C/D/BU applicants. C/D/BU projects/sites must have one of 
the following three forms of signed support in order for the 
application to be processed.
     The authorized representatives from the local unions with 
which the C/D/BU applicant has collective bargaining agreements must 
provide a signed statement; or
     The president of the local Building Trades Council signs a 
statement of support on behalf of local unions on the Council with whom 
the C/D/BU applicant has collective bargaining agreements (Unions not 
party to the Building and Construction Trades Department AFL/CIO, such 
as the United Brotherhood of Carpenters and Joiners of America, shall 
sign a statement independently of the other trade unions showing 
support for VPPC.); or
     A signed statement from the President, Building and 
Construction Trades Department, AFL-CIO; and/or the general presidents 
of the respective international unions. (This option is only for C/D/BU 
applicants who are signatory to national collective bargaining 
agreements.)
    OSHA recognizes the burden of obtaining 100% union support for all 
C/D/BU projects/sites. As a result, OSHA requires that an applicant 
submit estimated levels of support along with the signed support 
documents. OSHA will then make a case-by-case determination regarding 
whether or not the level of employee support is sufficient based on 
factors such as, but not limited to, number and percentage of employees 
under the umbrella of the dissenting union(s) and the length of time 
that employees from dissenting unions are performing work at the 
project/site.

J. OSHA Enforcement

    1. General. The history of VPP demonstrates that safety and health 
problems discovered during OSHA contact with participants normally are 
resolved cooperatively. OSHA nevertheless must reserve the right, where 
employees' safety and health are seriously endangered, to refer the 
situation for review and potential enforcement action. In cases where 
the hazard is not controlled by the participant, and the responsible 
party refuses to correct the situation, OSHA will refer the situation 
to the Regional Administrator for review and enforcement action. For 
VPP applicants/participants, OSHA will inform the responsible party 
that a referral is being made to the Assistant Secretary and that 
enforcement action may result.
    2. Programmed Inspections.
    a. Participants, unless they choose otherwise, are removed from 
OSHA's programmed inspection lists, including any lists of targeted 
sites, for the duration of approved participation in the VPPC.
    b. For C/D/BU participants, when OSHA conducts a programmed 
inspection of a construction project/site where a VPPC participant is 
working but not in control of the site, OSHA will not enter the work 
area controlled by the participant unless a hazard is apparent during 
the inspection. OSHA may have foreknowledge that the VPPC participant 
will be onsite. However, when this is not the case, the participant may 
declare its VPPC status to the OSHA personnel.
    3. Unprogrammed Inspections. OSHA enforcement personnel will 
respond to formal complaints, referrals, all fatalities and 
catastrophes, and other significant events in accordance with normal 
OSHA enforcement procedures.
    4. Enforcement related to a VPP Onsite Evaluation. If, during the 
course of the onsite evaluation of a VPPC applicant/participant, the 
OSHA team identifies hazards in work areas not controlled by the VPPC 
applicant/participant, the following actions will be taken:
    a. OSHA will inform the responsible party's management of the 
identified hazards.
    b. The responsible party must correct the identified hazard within 
an agreed upon time frame, not to exceed 48 hours, with interim 
protection provided. (In certain circumstances, OSHA may grant 
additional time for hazard correction as long as interim protection is 
provided and/or employees are removed from the hazard.)
    c. Either OSHA must observe the correction or the responsible party 
must provide evidence of hazard correction to OSHA.

[[Page 53307]]

    d. If the responsible party fails to correct the hazard within the 
agreed upon time frame, a referral to enforcement will be made.
    If the OSHA team determines that the number, frequency, or severity 
of the hazards is so great, or an imminent danger situation exists, the 
team must skip steps b-d above, forgo the VPPC onsite evaluation, and 
refer the situation to enforcement.

K. Public Access to Company Site Records

    The following documents must be maintained by OSHA for public 
access beginning on the day the site attains VPPC approval and 
continuing for so long as the site remains in VPPC:
    1. In the National Office--Information and the general description 
of the SHMS from the application; approval report and subsequent 
evaluation reports prepared by OSHA; the Regional Administrator's 
letter of recommendation; transmittal memoranda to Assistant Secretary; 
SIPs where applicable; and the Assistant Secretary's and Regional 
Administrator's approval letters.
    2. In the Regional Office--Complete VPPC application and 
amendments; approval report and subsequent evaluation reports; the 
Regional Administrator's letter of recommendation; Regional 
Administrator transmittal memoranda to the Assistant Secretary via the 
Director of Cooperative and State Programs; the Assistant Secretary's 
approval letters; the memorandum to the appropriate Area Director(s) 
removing the approved participant from the general inspection list; and 
related correspondence.

L. Post-Approval Contact/Assistance

    1. OSHA Contact Person. The Contact Person for each VPPC worksite 
is the appropriate Regional VPP Manager or his/her designee. This 
person is available to assist the participant, as needed.
    2. Assistance.
    a. In some cases, such as when needed for the Merit Program, an 
onsite assistance visit may be scheduled to respond to employer 
technical inquiries.
    b. Whenever there are significant changes in ownership, senior 
level organizational structure, scope of work, injury and illness 
rates, or collective bargaining agreement representation, the VPPC 
applicant/participant must notify OSHA's Regional Administrator with a 
copy to DCSP within 30 working days of the change. The Regional 
Administrator will decide, in conjunction with DCSP, whether to require 
a new signed Statement of Commitment and/or perform additional onsite 
evaluation(s).
    c. Whenever an applicable rate (either TCIR or DART rate) of a Star 
Program participant exceeds all 3 most recent years of specific 
industry national averages published by BLS, at the discretion of the 
Regional Administrator, the VPPC 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.

M. Outreach, Mentoring and SGE Participation

    The VPPC benefits from outreach, mentoring and SGE participation.
    1. Outreach.
    a. VPPC-Related Outreach. Participant assistance and information 
provided to prospective VPPC applicants, including but not limited to: 
conducting VPPC workshops at conferences, providing training in support 
of the VPPC, and serving as an advocate for VPPC in the business 
community.
    b. Other forms of Outreach. Participant assistance and information 
provided to either other internal or external entities to promote 
general safety and health principles and practices, including but not 
limited to: participating in OSHA Strategic Partnerships and Alliances, 
making presentations on safety and health issues at conferences, 
holding community safety days, or conducting training workshops.
    2. Mentoring.
    a. Informal Mentoring. One-on-one assistance from a VPPC 
participant to a prospective VPPC applicant (from their own company or 
someone from another company) can be useful to help them improve their 
SHMS and/or prepare a VPPC application.
    3. SGE Participation. A VPPC participant may, in its sole 
discretion, nominate one or more qualified employees to potentially 
serve as SGEs.

IV. VPPC Programs

A. VPPC Star Program

    The Star Program recognizes leaders in occupational safety and 
health that are successfully protecting workers from death, injury, and 
illness by implementing comprehensive and effective SHMS and complying 
with OSHA regulations. Star participants willingly share their 
experience and expertise, and they encourage others to work toward 
comparable success. Star is the highest level of recognition for 
excellence in worker safety and health awarded by OSHA.
    1. Experience. All elements of an SHMS needed for program success, 
detailed in Appendix A, must be operating for a period of 12 months, at 
either the site (for site-based participants) or corporate-wide/
division-wide/business unit-wide (depending on the applicant) for C/D/
BU applicants, prior to Star approval. In addition, C/D/BU applicants 
must also implement ongoing corporate oversight systems as described in 
III.E.
    2. Injury and Illness Performance. To qualify for Star, an 
applicant's TCIR and DART rates, at the time of application, must meet 
the Star requirements set forth in Appendix B of this document.
    3. Safety and Health Management System. To qualify for Star, OSHA 
must determine that all elements of an applicant's SHMS to be fully 
operative and effective in proactively preventing worker injuries and 
illnesses. See Appendix A for SHMS details.
    4. Terms of Participation. The term for participation in an 
approved VPPC Star Program is open-ended, as long as:
     The participant continues to maintain its excellent SHMS 
as evidenced by favorable OSHA reevaluations every 24 months;
     The participant continues to meet all assurances as set 
forth in section III.H; and
     Construction activities are ongoing.

B. VPPC Merit Program

    The VPPC Merit Program is aimed at entities or projects/sites that 
do not yet meet the qualifications for the Star Program, but have 
implemented a basic SHMS and want to work toward Star excellence and 
recognition. The eligible applicant may not have met each specific Star 
requirement within each element. Participation in the Merit Program is 
an opportunity for employers and their employees to work with OSHA to 
improve the quality of their SHMS and, if necessary, reduce their 
injury and illness rates to meet the requirements for Star. If OSHA 
determines that a construction employer has demonstrated the commitment 
and possesses the resources to achieve Star requirements within 3 years 
(and injury/illness rates within 2 years), Merit participation is used 
to set goals that, when achieved, qualify the project/site or entity 
for Star participation.
    1. Experience. Each applicant must have in place before approval an 
active program for protecting workers that provides for conducting 
safety and health inspections by trained and competent employees. In 
addition, C/D/BU applicants must also implement ongoing corporate 
oversight systems as described in III.E.

[[Page 53308]]

    2. Injury and Illness Performance. To qualify for the Merit 
Program, the applicant's TCIR and DART rates must meet the Merit 
requirements as set forth in Appendix B.
    3. Safety and Health Management System. To qualify for Merit, the 
basic elements and sub-elements of an SHMS, set forth in Appendix A, 
must be operational or, at a minimum, must be in place and ready for 
implementation by the date of approval. If, in OSHA's judgment, the 
SHMS is not operating as effectively as it should, and/or deficiencies 
in SHMS elements and sub-elements exist, a plan and timeline to correct 
these problems must be in place.
    4. Terms of Participation. OSHA will approve applicants to the 
Merit Program for a time period agreed upon in advance of approval, but 
not to exceed three years. This term will depend upon how long it is 
expected to take the applicant to accomplish the goals for Star 
participation. Merit participation is canceled at the end of the term 
unless approval for a second term is recommended by the Regional 
Administrator and is approved by the Assistant Secretary. The Regional 
Administrator will recommend a second term only when unanticipated 
unique circumstances slow the participant's progress toward 
accomplishing the Merit goals.

V. Application Process

    Applicants must obtain and completely fill out an application. 
Applications are available from the Office of Partnerships and 
Recognition in the National Office, the VPP Manager in the appropriate 
Regional Office, or they can be downloaded from OSHA's Web site, http://www.osha.gov.

A. Application Instructions

    OSHA prepares, keeps current, and makes available application 
instructions for VPPC. All interested parties may obtain this 
information from the Office of Partnerships and Recognition in the 
National Office, the VPP Manager in the appropriate Regional Office, or 
it can be downloaded from OSHA's Web site.

B. Content

    1. Applicants must provide all information described in the most 
current version of the application instructions for VPPC.
    2. If the application information is incomplete or otherwise 
insufficient to determine an applicant's eligibility, OSHA may request 
an applicant to submit an application amendment with the needed 
supplementary information.
    3. Materials documenting the applicant's SHMS that contain trade 
secrets or employee privacy interests must not be included in the 
application. Instead, the applicant must describe such materials in the 
application and provide them for review during an application 
assistance visit and/or during the onsite evaluation.
    4. All applications must, at a minimum, include the following 
information:
    a. The applicant's official name, address, and phone number(s).
    b. The name, title, address, phone/fax number(s), and e-mail 
address(es) of the applicant's primary VPPC contact person.
    c. The applicant's safety and health policies, requirements, and 
management systems, and a discussion of how they meet the specific VPPC 
requirements described in Appendix A.
    d. The applicant's recordkeeping data, including TCIR and DART 
rates (see Appendix B for details); and
    e. A description of how the applicant communicates and enforces its 
safety and health policies, requirements, and management systems.
    In addition to these contents, C/D/BU applicants must include the 
following additional information:
    f. A description of the corporate oversight system(s) that the 
applicant uses to ensure that the SHMS is implemented effectively at 
all projects/sites.
    g. An identification of the geographic boundaries for which the 
applicant is seeking VPPC status; and
    h. An estimate of the number of projects/sites that will be covered 
in the defined geographic area.

C. Submission to OSHA

    Applicants must submit their application packages to the 
appropriate OSHA Regional Office. Additional copies of the application 
package will be requested and forwarded to the National Office and/or 
C/D/BU Expansion Regions as appropriate. OSHA normally requires at 
least two copies, but the number requested may vary depending upon 
circumstances particular to the program and/or the applicant. The 
applicant should determine the actual number of copies to submit during 
pre-application discussions with OSHA VPPC personnel.

D. Initial OSHA Review

    OSHA conducts an initial review of each VPPC application to 
determine whether it meets all VPPC requirements, including: injury and 
illness rates, a written SHMS, and any additional supporting 
documentation.
    1. Acceptance of Application. a. If an application package appears 
to meet all VPPC requirements, it moves on to the next phase of the 
approval process, which is an onsite evaluation.
    b. If the initial application package is incomplete, or provides 
insufficient evidence of VPPC qualifications, OSHA will give the 
applicant an opportunity to improve its application by submitting 
amended or additional materials. A site-based applicant will have 30 
days to respond to this request. A C/D/BU applicant will have 90 days.
    2. Denial of Application. a. If the application is incomplete or 
insufficient, and if after notification the applicant has not responded 
within either 30 or 90 days (whichever applies) to an OSHA request for 
more information, the agency considers the application unacceptable and 
notifies the applicant of that determination. The applicant may 
resubmit the application when it has rectified the deficiencies.
    b. If, upon reviewing the application package, OSHA determines that 
an application does not meet VPPC requirements, OSHA will notify the 
applicant of that determination. The applicant may submit a new 
application after one year.
    3. Withdrawal of Application. a. An applicant may withdraw a 
submitted application at any time. When the applicant notifies OSHA of 
its desire to withdraw, the original application(s) may be returned to 
the applicant.
    b. OSHA may keep the assigned VPP Manager's marked working copy of 
the application for up to one year before discarding it, in order to 
respond knowledgeably should the applicant raise questions concerning 
the handling of the application. Once an applicant withdraws its 
application, it must submit a new application to be considered for VPPC 
approval.

VI. Evaluation Process

A. Evaluation Process for a Site-Based Applicant

    1. Purpose. After completing the initial review of an application, 
OSHA, in its non-enforcement capacity, will perform an onsite 
evaluation. The purpose of the onsite evaluation is to verify that the 
application information is complete and accurate, and to determine 
whether or not the applicant meets all VPPC requirements.
    2. Preparation. The onsite evaluation is arranged at the mutual 
convenience of OSHA and the applicant. The evaluation team consists of 
a team leader, a back-up team leader (whenever possible); and health, 
safety, and other specialists as required by the size of the sites, the 
complexity of the construction work, and inherent hazards.

[[Page 53309]]

    3. Duration and Scope. a. Duration. The time required for the 
onsite evaluation depends on the size of the worksite, the extent of 
the safety and heath policies and requirements, the complexity of the 
site construction work, and the inherent hazards.
    b. Scope. All onsite evaluations follow a three-pronged strategy 
that assesses an applicant's SHMS by means of document review, site 
walkthrough, and employee interviews. The onsite evaluation includes a 
review of elements found in Appendix C of this document.

B. Evaluation Process at a C/D/BU Headquarters

    The purpose, preparation, duration, and scope of a C/D/BU 
headquarters evaluation reflect the information found in section VI.A 
(above) unless otherwise noted.
    1. Scope. While a C/D/BU headquarters evaluation will follow the 
three-pronged approach as described in section VI.A.3.b and Appendix C, 
the amount of emphasis placed on the site walkthrough will depend on 
the scope of work at the site. The scope of the walkthrough will be at 
the discretion of the evaluation team leader.

C. Evaluation Process at a C/D/BU Project/Site

    The purpose, preparation, duration, and scope of a C/D/BU projects/
sites evaluation reflect the information found in section VI.A (above) 
unless otherwise noted.
    1. Preparation. OSHA will announce the worksite evaluations in 
advance of arrival to assure the presence of representatives of the 
employer and employees or the appropriate personnel needed to aid in 
the evaluation. (Staff from Expansion Regions may also participate, as 
appropriate.) The length of advanced notice is at the discretion of the 
Regional Administrator but should not exceed the amount of time it 
takes to coordinate a successful onsite evaluation. The applicant must 
obtain permission from the owner, general contractor, or other 
controlling employer of the worksite for OSHA to come onsite to conduct 
the VPPC onsite evaluation. (In instances where the applicant is the 
general contractor or controlling employer, this will not be an issue.) 
Additionally, the contractor must agree to immediately correct, or 
include in an abatement plan, any violations identified by OSHA while 
evaluating the participant. Failure to comply with these assurances 
will result in a referral to enforcement. Detailed steps regarding how 
OSHA will handle non-VPPC applicant/participant violations are found in 
section III.J.4.
    OSHA must be able to obtain access permission, along with the 
controlling employer assurances stated above, to a representative 
sample of sites in order to approve a C/D/BU applicant. The C/D/BU 
applicant will supply a list of sites when OSHA is ready to conduct the 
onsite evaluations. The list will identify any sites where OSHA access 
may be an issue. At that time, the Regional Administrator will 
determine if the list provided enables OSHA to review a good cross 
section of the company's operations to determine VPPC approval.
    2. Scope. OSHA will conduct onsite evaluations in each designated 
geographical areas as follows:
     When an applicant has 2-25 projects/sites in the defined 
geographic area, OSHA will perform 2 onsite evaluations.\3\
---------------------------------------------------------------------------

    \3\ Applicants who do not have at least two sites within a 
defined geographic area should not apply under C/D/BU for that 
geographic area. A possible exception is the approved Primary Region 
participant who wishes to expand into one or more regions.
---------------------------------------------------------------------------

     When an applicant has 26-99 projects/sites in the defined 
geographic area, OSHA will perform 3 onsite evaluations.
     When an applicant has 100+ projects/sites in the defined 
geographic area, OSHA will perform 4 onsite evaluations.
    Projects/sites will be selected, at OSHA's discretion, from a list 
provided by the applicant. In addition to the documentation review list 
found in Appendix C, the team will also review the project/site SIP.

VII. Approval Process and Recommendations

A. Approval Process

    To become an approved VPPC participant, applicants must, through 
their application package and onsite evaluation(s), demonstrate that 
they meet either the minimum Star or minimum Merit requirements, as set 
forth in section IV, at the site (for site-based applications) or at 
all projects/sites in the defined geographical area (C/D/BU). For C/D/
BU applicants, if one of the projects/sites fails to meet minimum 
requirements, then OSHA will ask the applicant to withdraw.

B. OSHA Recommendations

    The Primary Region is responsible for developing an approval 
recommendation, including SHMS improvements the applicant may need to 
make. This recommendation will be based on the application package and 
the onsite evaluation(s). This recommendation will help the Assistant 
Secretary make the final decision for approval into VPPC, as well as 
whether to approve in the Star or Merit Programs.
    1. Approval. An applicant may be approved for either the Star or 
Merit Program. General approval requirements for each level are set 
forth in section IV.
    2. Deferred Approval. If the onsite evaluation(s) determine that 
the applicant needs to take steps to come into compliance with OSHA 
rules, OSHA will give the applicant 48 hours to come into compliance 
before making a recommendation for VPPC approval to the Assistant 
Secretary. (At the evaluation team leader's discretion, longer periods 
of time may be given, up to 90 days, when interim protection is 
provided.) Deficiencies related to the applicant's SHMS may become the 
subject of Merit goals.
    3. Withdrawal. If the Regional Administrator determines that the 
applicant does not meet the requirements for participation at the Merit 
level of VPPC, the agency will allow a reasonable amount of time (not 
to exceed 30 calendar days) for the applicant to withdraw its 
application before the Director of Cooperative and State Programs makes 
a denial recommendation to the Assistant Secretary.
     4. Denial. If OSHA denies approval, the denial becomes effective 
on the date that the Assistant Secretary signs the denial letter 
informing the applicant of the decision.
    An applicant may appeal the findings of the OSHA evaluation team(s) 
to the Assistant Secretary. The Director of Cooperative and State 
Programs will forward the appeal to the Assistant Secretary, along with 
the team's findings, Regional Administrator's recommendation of denial, 
and the Director's own recommendation.
    Should the Assistant Secretary reject an approval recommendation 
made by the Director of Cooperative and State Programs and/or the 
Regional Administrator, the Assistant Secretary will send a letter to 
the applicant denying approval and explaining the rejection. The 
decision becomes effective on the date this letter is signed.

VIII. Recognition

    When OSHA approves an applicant, it recognizes that the senior 
management has established, communicated, assessed, and enforced an 
SHMS that provides effective protection of workers at their projects/
sites through the systematic implementation of VPPC's basic elements 
and requirements. This

[[Page 53310]]

protection makes general OSHA scheduled inspections unnecessary. 
Therefore, OSHA removes the site (for site based applicants) and the 
work performed within the defined geographic area (for C/D/BU 
applicants) from the agency's programmed inspection lists (unless the 
participant chooses not to be removed).\4\
---------------------------------------------------------------------------

    \4\ Sites that qualify for exemption, but for some reason do not 
appear on the lists (i.e., the project/site is too new to have 
appeared on previous lists), may still receive the exemption 
provided that VPPC participation is verified with the inspecting 
official upon her/his arrival.
---------------------------------------------------------------------------

    The participant receives a congratulatory letter from senior OSHA 
officials recognizing its approval as a VPPC organization. OSHA 
additionally awards the participant with a flag or banner that it can 
fly or otherwise display. OSHA also will make available for purchase 
extra flags, decals for vehicles and trailers, certificates and plaques 
for posting in offices, or other means to proclaim VPPC recognition and 
participation. The participant also may choose to use program logos on 
such items as letterhead, shirts, and mugs.
    All VPPC participants will be recognized by OSHA in publications, 
newsletters, and OSHA's Web site as appropriate.

IX. Reevaluation Process

A. The Star Program

    1. Purpose. The onsite reevaluations of Star participants are 
intended to:
    a. Determine continued qualification for the Star Program;
    b. Document results of program participation in terms of the 
evaluation criteria and other noteworthy aspects of the participant's 
SHMS; and
    c. Identify any problems that have the potential to adversely 
affect continued Star Program qualification and determine appropriate 
follow-up actions.
    2. Frequency. OSHA will perform all reevaluations at no greater 
than 2-year intervals after the initial Star approval. (The 
identification of potentially serious safety and health hazards may 
create the need for more frequent evaluations.) For C/D/BU 
participants, the number of reevaluations performed will follow the 
chart found in section VI.C.2. OSHA will base the number of 
reevaluations it performs on the number of sites within the defined 
geographic area at the time of the reevaluation, not the number of 
evaluations performed during initial approval.
    3. Scope. OSHA's reevaluation of Star Program participants consists 
mainly of an abbreviated onsite evaluation. OSHA reviews documents 
related to SHMS implementation since the most recent evaluation, 
interviews employees, and walks through the project/site. The 
evaluation will include a review of TCIR and DART rates as described in 
Appendix B.
    4. Measures of Effectiveness. The measures of effectiveness are 
identical to the elements described generally in Section IV.A., and 
with greater detail in Appendices A and B.
    5. Reevaluation Recommendations. The OSHA onsite evaluation team 
makes one of the following recommendations to the Regional 
Administrator, and the Regional Administrator decides to:
    a. Approve continued participation in the Star Program;
    b. Allow a conditional participation in the Star Program. The VPPC 
onsite evaluation team may recommend this alternative if it finds that 
the participant has allowed one or more program elements to slip below 
Star quality. The participant must return its SHMS to Star quality 
within an agreed upon time period and must demonstrate a commitment to 
maintain that level of quality. A VPPC onsite evaluation team must 
return to determine if the participant's SHMS has again achieved Star 
quality. If the participant has restored and maintained full Star 
quality, the team recommends the participant for reapproval to the Star 
Program; or
    c. Recommend termination. After considering the recommendation of 
the VPPC onsite evaluation team, the Regional Administrator may 
recommend to the Assistant Secretary that a participant be terminated 
if VPPC Star requirements are no longer being met. See section X for 
termination procedures.

B. The Merit Program

    1. Purpose. The onsite reevaluations for Merit participants are 
intended to:
    a. Determine whether the participant qualifies for approval to the 
Star Program;
    b. Determine whether adequate progress has been made toward the 
agreed-upon Merit goals;
    c. Identify any problems in the participant's SHMS or its 
implementation that require resolution in order to continue 
qualification or meet agreed-upon goals;
    d. Document program improvements and/or improved results; and
    e. Provide advice and suggestions for needed improvements.
    2. Frequency. The onsite reevaluation of a Merit participant is 
conducted every 12-18 months. The participant may request an earlier 
reevaluation if it believes it has met Star Program qualifications. For 
C/D/BU participants, the number of reevaluations performed will follow 
the chart found in section VI.C.2. OSHA will base the number of 
reevaluations it performs on the number of sites within the defined 
geographic area at the time of the reevaluation, not the number of 
evaluations performed during initial approval.
    3. Scope. OSHA's reevaluation of Merit Program participants 
consists mainly of an abbreviated onsite evaluation. OSHA reviews 
documents related to SHMS implementation since the most recent onsite 
evaluation, interviews employees, and walks through the project/site. 
The evaluation will include a review of TCIR and DART rates as 
described in Appendix B for the most recent three calendar years (when 
available).
    4. Measures of Effectiveness. The measures of effectiveness are 
identical to the elements described generally in Section IV.B and with 
more detail in Appendices A and B.
    5. Reevaluation Recommendations. The OSHA onsite evaluation team 
makes one of the following recommendations to the Regional 
Administrator and the Regional Administrator decides to:
    a. Approve continued participation in the Merit Program;
    b. Approve advancement to the Star Program; or
    c. Recommend termination. After considering the recommendation of 
the VPPC onsite evaluation team, the Regional Administrator may 
recommend to the Assistant Secretary that a participant be terminated 
if the participant has been found to have significantly failed to 
maintain its SHMS at Merit quality. See section X for termination 
procedures.

X. Separation from VPPC

A. Project/Site Completion

    A participant is separated from VPPC when:
    1. Site-Based. Construction work at the site has been completed.
    2. C/D/BU. All construction work in a defined geographic area has 
been completed and no new work is expected within a reasonable 
timeframe (as determined by the appropriate Regional Administrator).

B. Withdrawal

    1. Withdrawal of a Participating Site. A participant may withdraw 
from VPPC for any reason, including a receipt of a notice of intent to 
terminate, by submitting written notification to the appropriate 
Regional Administrator.

[[Page 53311]]

    2. Reapplication Following Withdrawal.
    a. If a participant withdraws its application or withdraws from the 
program of its own accord, and if it has met OSHA inspection history 
conditions and assurances, then the participant may reapply at any 
time.
    b. If a participant withdraws its application or withdraws from the 
program due to an OSHA enforcement inspection, and if it has met OSHA 
inspection history conditions and assurances, then the participant may 
reapply when the agency has closed all enforcement activity.
    c. If a participant withdraws its application or withdraws from the 
program due to withdrawal of union support, and if it has met OSHA 
inspection history conditions and assurances, then the participant may 
reapply when the Regional VPP Manager receives a new letter of union 
support.

C. Termination

    1. Reasons for Termination. A participant is terminated from VPPC 
when:
    a. Senior management or the duly authorized collective bargaining 
agent(s), where applicable, withdraw support for VPPC participation.
    b. A participant fails to maintain its SHMS in accordance with the 
requirements detailed in Appendix A and B.
    c. Within the designated timeframe, the participant makes no 
significant progress toward achieving the established Merit or Star 
Conditional goals.
    d. The Merit term of approval has expired, and no recommendation 
has been made for a second term.
    e. 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. (The company may 
petition the Assistant Secretary to explain unusual circumstances that 
might allow it to continue in the program.)
    f. A fatality or series of imminent danger situations occur. (The 
company may petition the Assistant Secretary to explain unusual 
circumstances that might allow it to continue in the program.)
    2. Termination Notification and Appeal or Withdrawal. Under most 
circumstances, OSHA will notify a participant with its intention to 
terminate 30 days prior to executing the decision. During the 30-day 
period, the participant is entitled to appeal the decision, in writing, 
to the Assistant Secretary. OSHA does not provide 30 days' notice when:
    a. Construction has been completed at a participating site or in a 
defined geographic area;
    b. Other terms for termination were agreed upon during the approval 
process; or
    c. A set period for approval is expiring.
    3. Reapplication Following Termination. OSHA does not consider the 
reapplication of a terminated participant for a period of 3 years from 
the date of termination. Reinstatement requires reapplication.

XI. VPPC Demonstration Program

A. Program Purpose and Approval

    1. The VPPC Demonstration Program provides the opportunity for 
construction companies and/or individual worksites to demonstrate the 
effectiveness of alternative methods for achieving safety and health 
excellence. These alternatives, if judged successful, may lead to 
changes in VPPC requirements. Alternatives to any current requirements 
and procedures may be included in a Demonstration Program so long as 
OSHA is convinced that all employees and contractors continue to 
receive VPPC quality protection.
    2. The initial suggestion to develop a new Demonstration Program 
may come from either OSHA or any stakeholder, for example, employers, 
individual worksites, unions, or other organizations. Examples of 
possible purposes include:
    a. Alternative application and approval protocols;
    b. Alternatives to current injury and illness rate requirements and 
other performance requirements; and
    c. Alternative methods for implementing the four SHMS elements.
    3. A VPPC Demonstration Program may also explore the potential for 
a new VPPC program.
    4. A formal, written proposal for a VPPC Demonstration Program will 
be developed at the National Office or Regional Office level and will 
include a detailed description of the proposed program, including:
    a. The desirability of establishing the program, and how it would 
serve the goals of VPPC.
    b. The alternative approaches to be tested, including proposed 
methodology and potential benefits.
    c. VPPC Star or Merit requirements, if any, that participants would 
not be expected to meet.
    d. Measures to ensure that all employees and subcontractors will 
receive the protection of a VPP quality safety and health management 
system.
    e. System to evaluate the demonstration to determine its success or 
failure.
    5. The Assistant Secretary will decide whether to approve a 
proposed program. The Assistant Secretary must be satisfied that the 
proposed alternative approach shows reasonable promise of being 
successful and of leading to changes in the VPPC.
    6. OSHA will consider applications upon public announcement of the 
Assistant Secretary's decision to implement a new program. This 
announcement may take the form of a fact sheet, press release, entry on 
OSHA's Web site, or other means.

B. Qualifications for VPPC Demonstration Programs

    Demonstration Program applicants must have a VPP quality safety and 
health management system that, at a minimum, addresses the elements and 
sub-elements as demonstrated in Appendix A. Applicants must also comply 
with 29 CFR 1926.20 requirements for construction sites. How the 
applicant implements these elements may be the subject of demonstration 
so long as the applicant ensures VPPC quality protection for all 
employees and contractors.

C. Term of Participation

    Construction participants may be approved to a Demonstration 
Program for the time period agreed upon in advance of approval and 
subject to regular evaluation as defined in the Demonstration Program.

D. Successful VPPC Demonstration Program

    If the alternatives tested in a VPPC Demonstration Program have 
proven successful, OSHA may choose to change the provisions of VPPC 
Star or Merit to incorporate the successful aspects of the 
demonstration. Furthermore, the successful Demonstration Program 
participants may be approved to VPPC Star or Merit.
    1. Any change in either VPPC Star or Merit will require a decision 
by the Assistant Secretary that including the Demonstration Program 
alternatives is desirable and will result in a continuing high level of 
worker protection.
    2. Once the Assistant Secretary makes a decision to change VPPC 
provisions, the change(s) become effective on the date OSHA announces 
them to the public.

[[Page 53312]]

    3. When the change(s) become effective, the VPPC Demonstration 
participants may be approved to VPPC Star or Merit 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 have elapsed, 
OSHA must conduct an evaluation prior to recommending the participant 
for approval to VPPC Star.

E. Program Termination

    1. OSHA will terminate a Demonstration Program for the following 
reasons:
    a. The Demonstration Program is likely to endanger workers at 
participating projects/sites;
    b. It is unlikely that the Demonstration Program will result in 
participants' approval to the Star Program or creation of a new 
program;
    c. The Demonstration Program period has expired; or
    d. Construction work at all approved projects/sites has been 
completed or otherwise has stopped.
    2. When a Demonstration Program ends, any participants not approved 
to Star are terminated from VPP for Construction.

XII. Questions for Public Feedback

    OSHA has not resolved all issues raised during its discussions with 
stakeholders. Therefore, OSHA asks for public comment on the following 
questions in addition to the preceding proposal.

A. Should OSHA Continue to Rely on Its Traditional Measures of 
Applicant/Participant Performance, or Should It Consider Alternatives?

    For example, some parties have suggested that OSHA develop a 
``scorecard'' of leading indicators that could be used in conjunction 
with current injury and illness rate requirements. If OSHA were to 
place less reliance on rates, what should it include in a scorecard? 
Examples: experience modification rates, tracking of hazards and 
corrective actions, work practice assessment, etc.

B. Should OSHA Expand Current Performance Requirements?

    Examples:
    1. Specific minimum training requirements. For employees, OSHA 10-
hour or equivalent training; for supervisors, OSHA 30-hour or 
equivalent training.
    2. 100% fall protection over 6 feet for all trades/employees.
    3. Prequalification for all subcontractors. For example, injury/
illness rates below BLS industry averages, experience modification 
rates at 1 or below, written safety and health program/management 
system, etc.
    4. Required drug testing/screening policy. For example, screening 
for all employees, including subcontractors and temporary employees.
    5. Required daily meetings/employee safety briefings devoted to 
planning and safety awareness.

C. How Should OSHA Assure Union Support for VPPC Participation?

    Meaningful employee involvement is a cornerstone of OSHA's 
Voluntary Protection Programs (VPP), and OSHA considers it essential to 
continue this tradition in its Voluntary Protection Program for 
Construction (VPPC). When some or all of a VPP participant's employees 
are represented by labor unions, OSHA has recognized the importance of 
union support for VPPC participation.
    Early Federal Register notices required that when a VPP applicant 
``has a significant portion of its employees organized by one or more 
collective bargaining units, the authorized agent(s) must either sign 
the application or submit a signed statement indicating that the 
collective bargaining agent(s) do(es) not object to participation in 
the program.''
    The requirement for union support became more comprehensive with 
the July 2000 Federal Register notice, which provided ``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.''
    OSHA seeks public input on the question of how to assure union 
support for an applicant/participant's VPPC participation. We recognize 
the complexity of this question. At a typical construction project, 
multiple unions may represent workers, and different unions may 
represent workers at different phases of the project. Some unions may 
represent many workers, others only a few. Should OSHA require written 
support from some or all? What means should OSHA accept as 
demonstrations of support? Should the requirement be different for 
site-based applicants and C/D/BU applicants? How should OSHA respond if 
one of multiple authorized representatives at an approved site or C/D/
BU subsequently withdraws support?

D. How Many Onsite Evaluations Should OSHA Require for C/D/BU 
Applicants/Participants?

    Some C/D/BU applications may encompass dozens, even hundreds of 
worksites in a single region. Others may involve only a handful of 
sites. How do we formulate this requirement to ensure an adequate 
evaluation of the applicant's actual practices, fairness to the 
applicant, and feasibility in the expenditure of OSHA resources?
    In this document, OSHA is considering a tiered approach for this 
element. The minimum required number of worksite evaluations per 
approved geographic area for each C/D/BU applicant will be two. (For 
details, see section VI.C.2) Is this a fair and adequate approach to 
worksite evaluations?
    E. For C/D/BU applicants, this proposal requires a corporate 
oversight system to verify that the applicant/participant's projects/
sites are maintaining VPPC-level safety and health performance. The 
participant must perform various specified oversight actions on an 
ongoing basis. (For details, see section III.E) OSHA is interested in 
learning whether this list of actions accurately reflects companies' 
safety and health oversight practices. Are there other actions 
companies take to assure that their worksites are operating effective 
safety and health management systems and successfully eliminating/
controlling hazards and minimizing injuries and illnesses?
    F. Some subcontractors applying to OSHA for consideration as 
participants in VPPC may be so small (i.e., employ 10 or fewer 
employees) that they are not required to keep OSHA logs. Are there 
alternative records or indicators that small employers can use to 
demonstrate that their injury and illness rates are low? For example, 
would an employer's Experience Modification Rate (EMR) be an 
appropriate alternative? Please describe the potential advantages and 
disadvantages of any approach you suggest as an alternative.
    G. The Short-Term Construction and Mobile Workforce Star 
Demonstration Programs conducted by OSHA showed that VPP elements may 
be implemented differently on construction sites than at fixed 
worksites. For example, standing safety and health committees may not 
be feasible in a mobile work environment, but other forms of employee 
involvement, such as regular tool box meetings, may be used instead. 
Are there other forms of employee involvement that are used on 
construction sites that have been found

[[Page 53313]]

to be effective? Please describe the basis for your answer.
    H. Management leadership also may be evidenced differently in the 
construction environment than in a fixed worksite environment. What 
methods of demonstrating top management's accessibility and commitment 
have proven effective in the construction environment? Please discuss 
your reasons for believing that these methods are effective.

Appendix A. Safety and Health Management System Requirements

    To be approved as a VPPC participant, a site-based or C/D/BU 
applicant must meet and be effectively performing all the elements 
and sub-elements of a comprehensive SHMS. The four elements are:
     Management leadership and employee involvement;
     Worksite analysis;
     Hazard prevention and control; and
     Safety and health training.

A. Management Leadership and Employee Involvement

    Each applicant must be able to demonstrate top-level management 
leadership in the development, implementation, and ongoing operation 
of the project/site's SHMS. The following sub-elements are required 
to demonstrate this leadership:
    1. Management 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. Policies for worker safety and health protection that are 
clearly established, are communicated to and understood by 
employees, and, where applicable, subcontractor and temporary 
employees.
    b. Effective and meaningful goals for safety and health are 
established, communicated and reviewed annually. Results-oriented 
objectives for meeting the goals are also established and all 
employees must understand the results desired and the measures 
planned for achieving them, especially those factors that directly 
apply to them.
    2. Commitment to VPPC Participation. Management must clearly 
demonstrate commitment to meeting and maintaining the requirements 
of the VPPC.
    3. Planning. Planning for safety and health must be a part of 
the overall management planning process, including pre-job planning 
and preparation for different phases of construction. Where 
applicable, subcontractors should be included as participants in the 
planning process.
    4. Written SHMS. All four elements of a basic SHMS must be part 
of the written program and must also meet the requirements of 29 CFR 
1926.20. All aspects of the SHMS must be appropriate to the size of 
the worksite and the nature of the work activity conducted. For 
small contractors, OSHA may waive some formal documentation 
requirements where the effectiveness of the systems has been 
evaluated and verified.
    5. Visible Leadership. Managers must provide visible leadership 
in implementing the SHMS elements. This must include:
    a. Establishing clear lines of communication with employees; 
subcontractors, and temporary employees;
    b. Setting an example of safe and healthful behavior;
    c. Creating an environment that allows for reasonable employee 
access to top site or company management;
    d. Ensuring that all workers at the projects/sites, including, 
if applicable, subcontractors and temporary employees, 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 safety and 
health responsibilities;
    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 access to Certified Safety Professionals 
(CSP), Certified Industrial Hygienists (CIH), licensed health care 
professionals, and other experts as needed, based on the risks at 
the project(s)/site(s); and
    h. Holding construction site managers, supervisors, and non-
supervisory employees accountable for meeting their safety and 
health responsibilities. In addition to clearly defining and 
implementing policy for 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 company and site culture must 
enable and encourage effective employee involvement in the planning 
and operation of the safety and health management system and in 
decisions that affect employees' safety and health. The requirement 
for employee participation may be met in a variety of ways, as long 
as employees have at least three active and meaningful ways to 
participate in safety and health problem identification and 
resolution. This involvement must be in addition to the individual 
right to notify appropriate managers of hazardous conditions and 
practices and to have issues addressed. Examples of acceptable 
employee involvement include but are not limited to the following:
    a. Participating in 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. Subcontractor Worker Coverage. All contractors and 
subcontractors working onsite must follow worksite safety and health 
rules and procedures applicable to their activities while at the 
site.
    a. In addition to ensuring that subcontractors follow site 
safety and health rules, VPPC participants are expected to encourage 
their subcontractors to develop and operate effective SHMS.
    b. To this end, VPPC applicants and participants must have in 
place a documented oversight and management system for applicable 
subcontractors that ensure their site employees are provided 
effective protection in a manner that drives improvement for their 
safety and health. Such a system should ensure that safety and 
health considerations are addressed during the subcontractor 
selection process and when they are working onsite.
    8. Annual Self-Evaluation. Every participant must have a system 
for annually evaluating the operation of their SHMS. (C/D/BU 
participants are expected to evaluate their program annually but may 
evaluate all sites collectively.) Each year, by February 15, 
participants must send their annual self-evaluation to their 
designated OSHA Regional VPP Manager. This system judges success in 
meeting the program's goal and objectives, and assists those 
responsible to determine and implement changes for continually 
improving worker safety and health protection. The following 
information must be included in each annual self-evaluation:
    a. The site's TCIR and DART rates for the previous calendar 
year, including the injury and illness experience of all 
subcontractors and temporary employees;
    b. The total number of cases for each of the above two rates;
    c. Total hours worked at participating VPP worksites;
    d. Estimated average employment for the last full calendar year;
    e. A copy of the most recent annual self-evaluation of the 
applicant's safety and health program; and
    f. A description of any worksite success stories (e.g., 
reductions in workers' compensation rates, increases in employee 
involvement in the program, etc.)
    In addition:
    g. 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;
    h. The evaluation must assess the effectiveness of all elements 
and sub-elements of the company/site's SHMS; and
    i. The evaluation may be conducted by any of the following: 
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.
    9. Final Evaluation. A final evaluation must also be conducted 
immediately prior to

[[Page 53314]]

completion of construction to determine what has been learned about 
safety and health activities that can be used to improve the SHMS at 
other sites. Under C/D/BU, the company may submit a summary of these 
evaluations for completed work along with their annual self-
evaluation.
    B. Worksite Analysis. Management of a construction site SHMS 
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 
materials, equipment, facilities etc., or before beginning a new 
process, or phase(s) of work, to identify hazards and the means of 
prevention or control.
    2. Comprehensive safety and health surveys at intervals 
appropriate for the nature of workplace operations, which include:
    a. Identification of safety and health hazards by an initial 
comprehensive baseline survey and then subsequent surveys as needed.
    b. Conduct of a Baseline Hazard Analysis, which must:
     Identify and document common safety hazards (a hazard 
exposure profile) associated with the site (such as those found in 
OSHA regulations for which existing controls are well known), and 
how they are controlled.
     Identify and document common health hazards (usually 
through initial screening using direct-reading instruments) and 
determine if further sampling (such as full-shift dosimetry) is 
needed. The employer shall sample for employee exposures to health 
hazards and shall base baseline determinations on the employee 
exposure results.
     Identify and document safety and health hazards that 
need additional study.
     Cover the entire worksite or location within the site, 
and indicate who conducted the survey and when it was completed.
    In addition:
     Applicants/participants may use historical data 
collected from similar tasks from previous jobsites as a sample data 
baseline provided that the sampling was conducted under workplace 
conditions closely resembling the processes, type of material, 
control methods, work practices, and environmental conditions 
prevailing in the employer's current operations. Historical data 
must be reviewed and updated as appropriate to the type of 
operations performed.
     Employees are expected to have been trained 
appropriately and have access to the historical database before 
beginning a task.
     If the operation(s), equipment or material(s) that are 
being used on a job vary significantly from an established hazard 
exposure profile (e.g., a change of equipment, process, personnel or 
a new task has been initiated that may result in additional employee 
exposure), a new hazard analysis must be conducted prior to 
beginning that task/phase to ensure appropriate hazard controls are 
in place, and sampling or monitoring is conducted as required.
    3. Industrial Hygiene Program. Identification of health hazards 
and employee exposure levels accomplished through a written 
industrial hygiene program including a sampling rationale and 
strategy. The sampling strategy and rationale must be documented, 
include when initial screening and full shift sampling are needed/
performed, and must follow nationally recognized procedures for 
sampling, testing and analysis. An example of developing a sampling 
rationale could include review 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.
    4. Examination and analysis of safety and health hazards 
associated with routine 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 
with an emphasis on special safety and health hazards of each craft 
and each phase of work.
    5. Examination and analysis of safety and health hazards 
associated with non-routine tasks (those performed less that once a 
year), and significant changes such as new processes, materials, and 
equipment must also be conducted to identify uncontrolled hazards 
and provide controls prior to the activity or use.
    6. 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. For site-based participants inspections must be conducted as 
often as necessary, but cover the entire worksite at least weekly.
    b. For C/D/BU participants, inspections must be conducted as 
often as necessary based on the operation, hazards associated with 
the tasks, and regulatory requirements. However, at a minimum an 
inspection must be performed and documented at least weekly for all 
work within the Federal OSHA jurisdiction covered by the 
application.
     For subcontractor C/D/BU participants it is expected 
that only the scope of work at assigned work areas will be included 
in the inspections.
    7. A reliable system for employees working at the projects/sites 
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.
    8. 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. (Root Cause Analysis education and 
training may be required by the contractor to fully understand how 
to conduct and complete a root cause analysis.)
    9. A system to analyze trends at the site 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.
    10. C/D/BU subcontractor applicants/participants must be able to 
demonstrate that a system is in place to correct hazards created by 
others if their employees are exposed. This could include providing 
interim protections such as temporary guards or removing employees 
from the hazard. The subcontractor must be able to demonstrate that 
these policies are understood by their employees and the controlling 
employer, who has ultimate responsibility for safety on the site.

C. Hazard Prevention and Control

    Site hazards identified during the hazard analysis processes 
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;
    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 site 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. The 
applicant/participant will develop an emergency action plan 
commensurate with the complexity and/or proximity to outside hazards 
to the project/site. This will include the need to conduct emergency 
drills when feasible as the project progresses from phase to phase.
     OSHA realizes that it may be technically infeasible or 
unnecessary to conduct annual emergency drills at all projects/
sites. The

[[Page 53315]]

Onsite evaluation team will consider the effectiveness of 
alternative processes or systems. The applicant's written plan will 
be expected to be more in depth with a strong emphasis on employee 
and subcontractor orientation and training, including the 
applicant's development of a written plan that describes the 
policies and procedures it uses and what training it requires to 
ensure that employees know what to do in case of an emergency.
     Emergency procedures must also include emergency rescue 
procedures for situations such as in the event of a catastrophic 
collapse or confined space entry.
    3. The following hierarchy should govern actions to eliminate or 
control hazards, with engineering controls 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 site 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. Construction company and site managers and supervisors 
understand their safety and health responsibilities and are able to 
carry them out effectively;
    2. Managers, supervisors, and non-supervisory employees 
(including subcontractor and temporary 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 subcontractor and temporary employees) learn the site 
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 
subcontractor and temporary 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.

Appendix B. Injury and Illness Data and Rate Requirements

    To assess a VPPC applicant/participant's injury and illness 
performance, OSHA compares the total case incidence rate (TCIR) and 
the incidence rate for days away/restricted work activity/job 
transfer (DART rate) to industry national averages--benchmark 
rates--published annually by the Bureau of Labor Statistics (BLS).
    The benchmark rates that OSHA uses will depend on the applicable 
Standard Industrial Code (SIC)/North American Industrial 
Classification System (NAICS) code. This is determined by:
     The prevalent type of construction work (for general 
contractors, construction managers, and other controlling 
employers); or
     The appropriate specialty contractor code (for craft/
trade contractors).

A. Rate Requirements for VPPC STAR

    1. Site-based Applicants/Participants. The site-based applicant 
must meet the following criteria at the time of approval:
    a. The project/site for which the VPPC application is being made 
must have been in operation for at least 12 months.
    b. The project/site must be able to provide combined TCIR and 
DART rates from the project/site's inception through the date of 
application. A combined rate must include the experience of all 
employees, subcontractors, and temporary employees actually working 
on the project/site.
    c. The combined TCIR and DART rates, from the project's/site's 
inception through the date of application, must be below at least 1 
of the 3 most recent years of specific industry national averages 
for nonfatal injuries and illnesses at the most precise level 
published by the BLS. (For additional details regarding the VPP 
benchmark, see the Federal Register Notice announcing the most 
recent VPP revision, 68 FR 68475-68479, December 8, 2003.)
    2. C/D/BU Applicants. The C/D/BU applicant must meet the 
following criteria at the time of approval:
    a. The C/D/BU must have been in operation for at least 3 years.
    b. The C/D/BU must be able to provide the following rate 
information:
     TCIR and DART rates that reflect the experience of C/D/
BU employees during the 3 most recent calendar years.
     Combined TCIR and DART rates that reflect the 
experience of all employees, subcontractors, and temporary employees 
for the most recent calendar year.
    c. Each of the above TCIR and DART rates must be below at least 
1 of the 3 most recent years of specific industry national averages 
for nonfatal injuries and illnesses at the most precise level 
published by the BLS.
    d. In subsequent years, the combined TCIR and DART rates will 
reflect a phase-in of subcontractor and temporary employee data.
     At the end of the first year of participation, 
participants must provide to OSHA:
    [rtrif] TCIR and DART rates that reflect the experience of C/D/
BU employees during the 3 most recent calendar years.
    [rtrif] Combined TCIR and DART rates that reflect the experience 
of all employees, subcontractors, and temporary employees for the 2 
most recent calendar years.
     At the end of the second year of participation, and for 
each subsequent year, participants must provide to OSHA:
    [rtrif] Combined TCIR and DART rates that reflect the experience 
of all employees, subcontractors, and temporary employees for the 3 
most recent calendar years.
    e. Some C/D/BU applicants may be eligible for an alternative 
method for calculating incidence rates. See section C below.

B. Rate Requirements for VPPC MERIT

    1. Site-based Applicants. The site-based applicant must meet the 
following criteria at the time of approval:
    a. The project/site for which the VPPC application is being made 
must have been in operation for at least 12 months.
    b. The project/site must be able to provide combined TCIR and 
DART rates from the project/site's inception through the date of 
application. A combined rate must include the experience of all 
employees, subcontractors, and temporary employees actually working 
on the project/site.
    c. If the applicant's combined TCIR and DART rates do not meet 
Star requirements, the applicant must have a plan to achieve Star 
rates, as listed above in section A.1.c of Appendix B, within 2 
years. It must be programmatically and statistically feasible, as 
determined by OSHA, for the project/site to meet this goal.
    2. C/D/BU Applicants. C/D/BU applicants, at the time of 
approval, must meet the following criteria:
    a. The C/D/BU must have been in operation for at least 3 years.
    b. The C/D/BU must be able to provide OSHA with the following 
rate information:
     TCIR and DART rates that reflect the experience of C/D/
BU employees during the 3 most recent calendar years.
     Combined TCIR and DART rates that reflect the 
experience of all employees, subcontractors, and temporary employees 
for the most recent calendar year.

[[Page 53316]]

    c. If the applicant's combined TCIR and DART rates do not meet 
Star requirements, the applicant must have a plan to achieve Star 
rates, as listed above in section A.2.c of Appendix B, within 2 
years. It must be programmatically and statistically feasible, as 
determined by OSHA, for the C/D/BU to meet this goal.
    d. In subsequent years, the combined TCIR and DART rates will 
reflect a phase-in of subcontractor and temporary employee data.
     At the end of the first year of participation, 
participants must provide to OSHA:
    [rtrif] TCIR and DART rates that reflect the experience of C/D/
BU employees during the 3 most recent calendar years.
    [rtrif] Combined TCIR and DART rates that reflect the experience 
of all employees, subcontractors, and temporary employees for the 2 
most recent calendar years.
    [rtrif] At the end of the second year of participation, and for 
each subsequent year, participants must provide to OSHA:
    [rtrif] Combined TCIR and DART rates that reflect the experience 
of all employees, subcontractors, and temporary employees for the 3 
most recent calendar years.
    e. Some C/D/BU applicants may be eligible for an alternative 
method for calculating incidence rates. See section C below.

C. Alternative Rate Calculation for Qualifying Small C/D/BU's

    1. Some C/D/BU applicants, usually smaller contractors with 
limited numbers of employees and/or hours worked, may use an 
alternative method for calculating incidence rates. The alternative 
method allows the C/D/BU to use the best 3 out of the most recent 4 
years' injury and illness experience.
    2. To determine whether the C/D/BU qualifies for the alternative 
calculation method, do the following:
    a. Using the most recent employment statistics (hours worked 
during the most recent calendar year by C/D/BU employees plus other 
employees controlled by the C/D/BU, for example, subcontractors and 
temporary workers), calculate a hypothetical total recordable case 
incidence rate for the C/D/BU assuming two cases during the year.
    b. Compare that hypothetical rate to the 3 most recently 
published years of BLS combined injury/illness total recordable case 
incidence rates for the industry.
    c. If the hypothetical rate (based on two cases) is equal to or 
higher than the national average for the C/D/BU's industry in at 
least 1 of the 3 years, the C/D/BU qualifies for the alternative 
calculation method.
    3. If the C/D/BU qualifies for the alternative calculation 
method, it may use the best 3 of the last 4 calendar years of C/D/BU 
employee injury/illness experience when calculating both the 3-year 
TCIR and the 3-year DART rate.

Appendix C. Protocol of Onsite Evaluations

    Onsite evaluations will include the following procedures:
    A. An opening conference;
    B. A review of Injury, illness, and fatality records of the 
worksite(s);
    C. Recalculation and verification of the TCIR and DART rates. 
(For C/D/BU evaluations OSHA may request a combined rate for all 
projects/sites as well as for individual sites);
    D. A site walkthrough, including the following elements:
    1. A general assessment of safety and health conditions to 
determine if the SHMS adequately protects workers from the hazards 
at the projects/sites;
    2. Verification of compliance with OSHA and VPPC requirements; 
and
    3. Verification that the SHMS described in the application has 
been implemented effectively.
    E. Formal and informal interviews with relevant individuals 
involved in directing, enforcing, and overseeing the VPPC program 
such as senior management personnel, safety and health management, 
office managers, labor relations personnel, and human resources 
personnel. (For union companies, advance notice to the company prior 
to the evaluation team visiting the office should be given so that 
the company has an opportunity to have one or more of the labor 
representatives present to be interviewed.);
    F. A review of the corporate oversight system; (For C/D/BU 
applicants/participants only)
    G. An onsite document review entailing the examination of the 
following documents and records (or samples) if they exist and are 
relevant to the application or to the SHMS (trade secret concerns 
are accommodated to the extent feasible):
    1. Management Leadership and Employee Involvement
    a. Vision and goals statements (their reference to VPP);
    b. Management statements of commitment to safety and health (and 
VPPC);
    c. Policies and requirements regarding the enforcement of safety 
rules;
    d. Written corporate SHMS;
    e. Safety and health manual(s);
    f. Records that indicate resources devoted to safety and health;
    g. Accountability and responsibility requirements and 
documentation (e.g., performance standards and appraisals); and
    h. Employee involvement activities.
    2. Worksite Analysis
    a. Baseline safety and industrial hygiene exposure assessments 
and updates;
    b. Employee reports/complaints regarding safety and health 
problems and documentation of management's response;
    c. Industrial hygiene monitoring records, results, exposure 
calculations, analyses and summary reports;
    d. Annual safety and health program evaluations and site audits 
that assess effectiveness, including records of follow-up activities 
stemming from program evaluation recommendations;
    e. Self-inspection procedures, site reports, and correction 
tracking;
    f. The OSHA Form 300 logs for the projects/sites (including 
contractors);
    g. Accident investigation requirements, site reports, and 
analyses; and
    h. Safety and health committee minutes.
    3. Hazard Prevention and Control
    a. Safety rules, emergency procedures, and examples of safe work 
procedures
    b. Preventive maintenance program requirements;
    c. Occupational health care programs and records;
    d. Subcontractor safety and health program(s) and requirements 
(including subcontractor selection criteria);
    e. Process Safety Management (PSM) documentation, if applicable; 
and
    f. Hazard and process analysis requirements.
    4. Safety and Health Training
    a. Employee orientation records; and
    b. Safety training records.
    5. General. Other records that provide relevant documentation of 
VPP qualifications.
    H. A closing conference.

    Signed at Washington, DC, this 24th day of August, 2004.
John L. Henshaw,
Assistant Secretary of Labor for Occupational Safety and Health.

[FR Doc. 04-19730 Filed 8-30-04; 8:45 am]
BILLING CODE 4510-26-P