Purpose and scope of consultation

The purpose is to have OSHA and States use state personnel to provide consultative services to employers under Cooperative Agreements so employers can improve workplace safety and health. This is stated in 1908.1(a), which explains that these agreements implement sections 21(c) and 21(d) of the Occupational Safety and Health Act to deliver consultation services to employers.

Priority is given to requests from small businesses in higher-hazard industries or those with the most hazardous conditions in the request. The scheduling priority requirement is specified in 1908.1(a).

• This means small employers in dangerous industries or with severe hazards should be scheduled before other requests when resources are limited.

Yes. Consultation services under this part are provided at no cost to employers to help them establish effective safety and health programs. The no-cost service is described in 1908.1(b).

• This covers onsite evaluations, off-site phone or written assistance, and help at consultation project offices as part of the service.

During an on-site visit, the consultant will evaluate the employer’s safety and health program, identify specific workplace hazards within the scope of the request, and provide advice on correcting hazards and improving the program. This scope of work is described in 1908.1(b).

• The principal assistance is at the employer’s worksite, but the consultant may also provide off-site help by phone, correspondence, or at project offices.

Yes. Consultation assistance may include education and training of the employer, supervisors, and other employees to help employers become self-sufficient in maintaining safe working conditions. See 1908.1(b).

• Training can be provided on-site or off-site as needed to address hazards and program elements identified during the consultation.

Yes. Onsite consultation is conducted independently of OSHA enforcement, so finding hazards during a consultation does not automatically lead to citations or penalties. This independence is stated in 1908.1(c).

• However, the employer still has statutory obligations to protect employees and may be required to take protective action in certain cases.

No. Discovery of hazards during consultation does not automatically prevent enforcement; the employer remains legally obligated to protect employees and in some situations must take immediate protective action. This balance is explained in 1908.1(c).

• While consultation findings do not mandate citations, failure to correct serious hazards can still lead to enforcement as required by law.

Yes. Employer correction of hazards found during a comprehensive consultation and implementation of core elements of an effective safety and health program (and commitment to complete others) can serve as a basis for exemption from certain OSHA enforcement activities. This is described in 1908.1(c).

• The exemption is tied to documented corrections and program implementation commitments made by the employer as part of the consultation process.

States entering into Cooperative Agreements under this part receive 90 percent Federal reimbursement for allowable consultation costs. This reimbursement rate is specified in 1908.1(c).

• States must then provide consultation services to employers requesting them, subject to scheduling priorities and resource limits set in the Cooperative Agreement.

Consultation programs operated under an approved State Plan must be "at least as effective as" the section 21(d) Federal Cooperative Agreement programs established by this part. This requirement is stated in 1908.1(a).

• In practice, State Plans that provide private-sector consultation and are funded differently (such as under section 23(g)) must match or exceed the effectiveness of the Federal program, including scheduling priorities and program services.

Yes. Consultation assistance may be provided off-site by telephone or correspondence and at locations other than the employer’s worksite, such as consultation project offices. This is described in 1908.1(b).

• Remote assistance is intended to supplement onsite visits and can include guidance, follow-up, and resources to help employers correct hazards.

Yes. Even though consultation is independent of enforcement, the employer remains under a statutory obligation to protect employees and may be required to take necessary protective action. This employer responsibility is stated in 1908.1(c).

• Consultation helps identify fixes and program improvements, but employers must implement them as required by law.

Yes. States operating approved Plans must establish enforcement policies for issues covered by the State Plan that are at least as effective as the enforcement policies in this part, including a recognition and exemption program. This requirement is in 1908.1(c).

• That means State Plans should have mechanisms comparable to Federal programs for recognizing employers who meet consultation-based criteria for limited enforcement exemptions.

Yes. Employee exposure records created by consultation activity are considered employee exposure records under 29 CFR 1910.1020 and that standard applies to those records. The OSHA Letter of Interpretation confirms this in "Access to consultation records" (January 21, 1981).

• The Letter states clearly that 1910.1020 applies to exposure records created during consultation and explains related access issues.

Yes. Employees have the right to access any information in consultation reports that qualifies as an "employee exposure record" under 29 CFR 1910.1020 and is relevant to them, as explained in the OSHA Letter of Interpretation "Access to consultation records" (January 21, 1981).

• Access rights follow the definitions and provisions in [29 CFR 1910.1020], and the Letter of Interpretation clarifies that employees can obtain such exposure-related information from consultation reports.

OSHA compliance officers’ access to consultation records is governed by 29 CFR 1908.6, not 29 CFR 1910.1020, even though 1910.1020 applies to the records themselves. The OSHA Letter of Interpretation "Access to consultation records" explains this distinction (January 21, 1981).

• In short: 1910.1020 applies to employee exposure records created by consultation, but OSHA compliance officers follow [1908.6] when seeking access to consultation records.