Exclusions from agreements

No — a Cooperative Agreement cannot restrict the Assistant Secretary's authority or responsibility under the specified sections of the Act. See Exclusions in 1908.11.

• This rule means any language in a Cooperative Agreement that attempts to limit enforcement, inspection, citation, emergency action, or related powers covered by sections 8, 9, 10, 13, and 17 of the OSH Act is ineffective.
• If you need the full part context, see Part 1908, Consultation Agreements.

The Cooperative Agreement cannot restrict authority or responsibility under sections 8, 9, 10, 13, and 17 of the OSH Act. See Exclusions in 1908.11.

• Section 8 relates to inspections and investigations; section 9 covers warrants and search procedures; section 10 addresses contested cases and hearings; section 13 covers representations and procedures; and section 17 deals with penalties and citations.
• For more on the consultation agreement context, see Part 1908.

Yes — the protection also applies to any corresponding State authority, so Cooperative Agreements cannot restrict a State's comparable powers. See Exclusions in 1908.11.

• This means a State operating under its own OSHA-plan authorities retains its enforcement and related responsibilities under sections that correspond to federal sections 8, 9, 10, 13, and 17.
• See Part 1908 for the overall consultation context.

No — a Cooperative Agreement cannot stop OSHA from exercising its inspection authority under the Act. See Exclusions in 1908.11.

• Because section 8 authority is explicitly preserved, OSHA retains the right to inspect, investigate, and take enforcement action where appropriate, despite any consultation agreement.
• Organizations should not rely on a consultation agreement to avoid routine or complaint-driven inspections; consult Part 1908 for additional context.

No — a Cooperative Agreement may not limit OSHA's ability to issue citations or assess penalties under section 17 of the OSH Act. See Exclusions in 1908.11.

• Any provision attempting to waive or block citation or penalty authority would be inconsistent with this exclusion.
• For the consultation program framework, see Part 1908.

The Assistant Secretary's statutory powers control — conflicting language in a Cooperative Agreement does not restrict those powers. See Exclusions in 1908.11.

• Put simply, an agreement cannot lawfully contract away or limit responsibilities the statute assigns to the Assistant Secretary or corresponding State authorities.
• To avoid problems, draft agreements with explicit language preserving statutory authorities; see Part 1908 for context.

Yes — employee exposure records created by 7(c)(1) consultation activity are covered by 29 CFR 1910.1020, and employees have rights to access relevant exposure information. See the 1981 Letter of Interpretation and Exclusions in 1908.11.

• The Letter of Interpretation explicitly answers that 29 CFR 1910.1020 applies to consultation-generated exposure records and that employees may access information deemed "employee exposure records" where relevant to them.
• For consultation program background, see Part 1908.

OSHA compliance officers' access to consultation records is governed by the consultation access rules, specifically 1908.6 as indicated in the 1981 Letter of Interpretation. See the 1981 Letter of Interpretation and Part 1908.

• The Letter of Interpretation clarifies that, although 29 CFR 1910.1020 applies to exposure records, the standard that governs OSHA compliance officers' access to consultation materials is 1908.6.
• Review your consultation agreement and 1908.6 procedures to understand how access is handled in practice.

No — employees have rights to access employee exposure records produced by consultation where that information meets the definition of an exposure record and is relevant to them. See the 1981 Letter of Interpretation and Exclusions in 1908.11.

• The Letter of Interpretation states that employees may access any information in consultation reports considered an "employee exposure record" under 29 CFR 1910.1020(c)(5), subject to relevance rules in 1910.1020(e)(2)(i)(A)-(D).
• Employers and consultation providers should be prepared to provide relevant exposure information consistent with these rules.

Yes — emergency action authority under section 10 is specifically protected and cannot be restricted by a Cooperative Agreement. See Exclusions in 1908.11.

• This means consultation agreements cannot delay or block OSHA or a State's ability to take urgent enforcement or emergency measures when required by the Act.
• For the overall consultation program, see Part 1908.

No — a Cooperative Agreement cannot give the State exclusive power in a way that bars the federal Assistant Secretary from exercising statutory authority. See Exclusions in 1908.11.

• The provision preserves both the Assistant Secretary's authority and any corresponding State authority; neither may be lawfully restricted by the agreement.
• Coordination between State and federal programs should be achieved by cooperation, not by contractually limiting statutory powers; see Part 1908.

Agreements should include explicit language stating they do not limit or alter the Assistant Secretary's or corresponding State authorities under sections 8, 9, 10, 13, and 17. See Exclusions in 1908.11.

• Use clear preservation clauses such as "Nothing in this Cooperative Agreement shall limit, waive, or otherwise restrict the authority and responsibilities of the Assistant Secretary under sections 8, 9, 10, 13, and 17 of the OSH Act, or corresponding State authority."
• Including such a clause reduces the chance of conflicting interpretations; consult Part 1908 for program context.

No — the Cooperative Agreement cannot lawfully prevent notification or action that would be required under the Assistant Secretary's preserved authorities (for example, emergency responses under section 10). See Exclusions in 1908.11.

• Consultation confidentiality provisions must be consistent with statutory duties; they cannot be used to block reporting or response to imminent dangers.
• If in doubt, follow the agreement's procedures for reporting while ensuring you do not impede statutory enforcement actions; see Part 1908.

The phrase 'in any manner' means Cooperative Agreements may not restrict authority by formal legal terms or by practices that effectively limit the Assistant Secretary's or State's responsibilities. See Exclusions in 1908.11.

• Practically, that covers contractual clauses, operational procedures, or understandings that would impede inspection, enforcement, emergency action, or related duties listed in the statute.
• To ensure compliance, both written language and everyday procedures should preserve statutory authorities; see Part 1908.

Yes — the exclusion applies to Cooperative Agreements under Part 1908 and is intended to govern relationships established by those agreements. See Part 1908 and Exclusions in 1908.11.

• Every Cooperative Agreement should be reviewed to ensure it does not contain terms that would restrict the Assistant Secretary's or corresponding State authority under the listed sections.
• Consultation programs and providers should align their agreements with these requirements.

Employees have the right to access any portion of consultation reports that qualify as 'employee exposure records' under 29 CFR 1910.1020 and that are relevant to them. See the 1981 Letter of Interpretation and Exclusions in 1908.11.

• The Letter of Interpretation specifies that consultation-generated exposure records fall under 1910.1020 and that employees' access is governed by the relevance and definitions in that standard (see 1910.1020(e)(2)(i)(A)-(D)).
• Employers and consultation providers should be ready to provide exposure-related information consistent with those rules.

No — confidentiality provisions cannot be used to block OSHA or corresponding State authorities from using consultation findings to exercise their statutory duties. See Exclusions in 1908.11.

• While consultation programs often emphasize confidentiality to encourage participation, that confidentiality cannot be absolute if it would prevent OSHA or the State from carrying out their inspection or enforcement responsibilities.
• Review the agreement and applicable policies to balance confidentiality with statutory obligations; see Part 1908.

No — informal understandings that would limit OSHA's or a State's statutory authorities are not enforceable if they effectively restrict those authorities. See Exclusions in 1908.11.

• Whether formal or informal, actions or agreements that impede statutory responsibilities run afoul of this exclusion.
• Organizations should avoid any practices that could be interpreted as limiting enforcement or emergency authorities; see Part 1908.

Consultation records are subject to the consultation program rules and applicable federal standards; the 1981 Letter of Interpretation clarifies which standards govern access in the consultation context. See the 1981 Letter of Interpretation and Exclusions in 1908.11.

• The Letter explains that 29 CFR 1910.1020 applies to exposure records created by consultation but that OSHA compliance officer access is governed by 1908.6; State practices must be consistent with preserved authorities.
• When State rules differ, consult legal counsel and the relevant consultation and record-access provisions to determine proper handling.

No — a requirement in a Cooperative Agreement that effectively conditions OSHA's ability to exercise its statutory authorities on employer consent would be invalid. See Exclusions in 1908.11.

• The Assistant Secretary's and corresponding State authorities' powers cannot be made contingent on third-party consent when that consent would restrict statutory duties such as inspections or enforcement.
• Agreements should avoid creating procedural hurdles that block legally required actions; see Part 1908 for consultation program framework.