Under 1908.10(a), who may enter into a Cooperative Agreement with OSHA?
The State Governor or a State agency designated by the Governor may enter into a Cooperative Agreement with OSHA. See 1908.10(a) and the general 1908 overview for context.
OSHA 1908.10
Cooperative Agreement procedures
Questions & Answers
Under 1908.10(b)(1), how do I obtain procedures for negotiating a Cooperative Agreement?
You obtain negotiation procedures through the Regional Administrator (RA), who negotiates for the Assistant Secretary and makes final recommendations. See 1908.10(b)(1) and 1908.10(b).
Under 1908.10(b)(2), can a State with an OSHA-approved Plan start negotiations before Federally funded consultation services are withdrawn?
Yes. A State with a Plan approved under section 18 of the Act may initiate negotiations in anticipation of withdrawal of Federally funded onsite consultation services to private sector employers. See 1908.10(b)(2) and 1908.10(b).
Under 1908.10(b)(3), when must renegotiation of existing Cooperative Agreements be initiated after a revision?
Renegotiation of existing Agreements funded under this part must be initiated within 30 days of the effective date of the revisions. See 1908.10(b)(3) and 1908.10(b).
Under 1908.10(c)(1), does a Cooperative Agreement or modification have to be in writing and signed?
Yes. Any Cooperative Agreement and any subsequent modifications must be in writing and signed by both parties. See 1908.10(c)(1) and 1908.10(c).
Under 1908.10(c)(2)(i)-(ii), what operational requirements must a State agree to in a Cooperative Agreement?
The State must agree to conform its operations to the requirements in part 1908 and to all related formal directives subsequently issued by the Assistant Secretary implementing the regulation. See 1908.10(c)(2)(i), 1908.10(c)(2)(ii), and the part overview at 1908.
Under 1908.10(c)(3), what additional written items must be included in each Cooperative Agreement?
Each Agreement must include any other explicit written commitments required by the Assistant Secretary and must include a budget of the State's anticipated expenditures in the detail and format required by the Assistant Secretary. See 1908.10(c)(3) and 1908.10(c).
Under 1908.10(d), where can I inspect a sample Cooperative Agreement?
A sample Cooperative Agreement is available for inspection at all OSHA Regional Offices. See 1908.10(d) and the general 1908 overview.
Under 1908.10(e), how and when will a State be notified about OSHA's decision on its request for a Cooperative Agreement?
The State will be notified within a reasonable period of time of any decision concerning its request; if the request is denied, OSHA will inform the State in writing of the reasons for the decision. See 1908.10(e) and 1908.10.
Under 1908.10(e), can additional funds be added to a Cooperative Agreement after it is negotiated?
Yes. Additional funds may be added later if the activity is satisfactorily carried out and appropriations are available, though the initial finding will specify the Agreement period. See 1908.10(e).
Under 1908.10(e), might a State be required to amend its Cooperative Agreement to continue receiving support?
Yes. The State may be required to amend the Agreement for continued support. See 1908.10(e).
Under 1908.10(f), how can either party terminate a Cooperative Agreement, and what notice is required?
Either party may terminate a Cooperative Agreement upon 30 days' written notice to the other party. See 1908.10(f).
Under 1908.10(c), must Cooperative Agreements follow any subsequent formal directives from the Assistant Secretary?
Yes. Cooperative Agreements must provide that the State will conform to all related formal directives subsequently issued by the Assistant Secretary implementing part 1908. See 1908.10(c)(2)(ii) and 1908.10(c).
Under 1908.10(c)(3), what level of budget detail must a State provide in a Cooperative Agreement?
The State must include a budget of anticipated expenditures in the detail and format required by the Assistant Secretary. Specific format and detail requirements are set by the Assistant Secretary and are a condition of the Agreement. See 1908.10(c)(3).
Under 1908.10(b), who in OSHA makes the final recommendation on each Agreement to the Assistant Secretary?
The Regional Administrator (RA) negotiates for the Assistant Secretary and makes the final recommendations on each Agreement to the Assistant Secretary. See 1908.10(b)(1) and 1908.10(b).
Under 1908.10(e), what happens if a State's Cooperative Agreement request is denied?
If the request is denied, OSHA will notify the State in writing and provide the reasons supporting the decision. See 1908.10(e).
Regarding consultation records created under a Cooperative Agreement, does 29 CFR 1910.1020 apply to employee exposure records from consultation activity?
Yes. 29 CFR 1910.1020 applies to employee exposure records created by consultation activity. This was confirmed in the OSHA Letter of Interpretation on Access to consultation records.
Regarding consultation records, which rule governs OSHA compliance officers' access to consultation records: 29 CFR 1910.1020 or 29 CFR 1908.6?
OSHA compliance officers' access to consultation records is governed by 29 CFR 1908.6. This guidance comes from the OSHA Letter of Interpretation on Access to consultation records.
Do employees have a right to access consultation reports that include information about their exposure to toxic substances under the access rules discussed in the 1981 Letter of Interpretation?
Yes. Employees have a right to access any information in consultation reports that is an "employee exposure record" under 29 CFR 1910.1020 and that is relevant to them. See the OSHA Letter of Interpretation on Access to consultation records and the general 1908 overview.
Under 1908.10, can additional funds be added to an existing Cooperative Agreement if activities are proceeding satisfactorily?
Yes. The regulation allows additional funds to be added later if the activity is satisfactorily carried out and appropriations are available. See 1908.10(e).
Under 1908.10(f), does termination of a Cooperative Agreement require a specific method of delivery for the 30 days' written notice?
The regulation requires 30 days' written notice but does not specify the method of delivery in the text; it simply states either party may terminate upon 30 days' written notice. For procedural details, follow the Agreement terms and consult 1908.10(f).