Definitions for consultation program

A consultant is an employee who provides consultation under a Cooperative Agreement with OSHA. See the definition of "Consultant" in 1908.2 for the exact wording.

Consultation covers all activities related to giving consultative assistance under this part, including both offsite and onsite help. See the definition of "Consultation" in 1908.2.

A Cooperative Agreement is the legal instrument that lets States work with OSHA to provide consultation under this part. See the definition of "Cooperative Agreement" in 1908.2.

A Designee is the State official the Governor names to be responsible for entering the Cooperative Agreement with OSHA. See the definition of "Designee" in 1908.2.

Education is planned activity to give information so employers and employees can establish and maintain safe workplaces, while Training is planned activity to teach skills, techniques, and methods to do that work safely. See the definitions of "Education" and "Training" in 1908.2.

An Employee is a person employed in the business of an employer that affects interstate commerce. See the definition of "Employee" in 1908.2.

An Employee representative is the authorized representative of employees at a site where a recognized labor organization represents employees. See "Employee representative" in 1908.2.

An Employer is a person engaged in a business who has employees; it does not include the United States (except the Postal Service) or any state or political subdivision of a state. See the definition of "Employer" in 1908.2.

Hazard correction means eliminating or controlling a workplace hazard in line with applicable Federal or State laws, regulations, or standards. See the definition of "Hazard correction" in 1908.2.

Imminent danger means conditions or practices that could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated through the specified consultation procedures. The definition itself references the procedures set out in 1908.6(e)(4), 1908.6(f)(2), 1908.6(f)(3), and 1908.6(g). See the definition of "Imminent danger" in 1908.2 and the cited procedural subsections in 1908.6.

A List of Hazards is a separate list of all serious hazards identified by the consultant together with agreed correction due dates; it accompanies but is distinct from the consultant's written report. See the definitions of "List of Hazards" and the report requirement in 1908.2.

A "Serious hazard" in the consultation program means a condition that would be a serious violation of statutes, regulations, or standards based on OSHA field instructions or an approved State Plan counterpart, except that employer knowledge is not considered. See the definition of "Serious hazard" in 1908.2.

An "Other-than-serious hazard" is any condition or practice that would be an other-than-serious violation under applicable statutes, regulations, or standards based on OSHA field instructions or an approved State Plan counterpart. See the definition of "Other-than-serious hazard" in 1908.2.

Offsite consultation means giving consultative help away from the employer's worksite by phone, mail, or at locations like project offices, and under limited conditions specified by the Assistant Secretary it may include training and education. See the definition of "Offsite consultation" in 1908.2 and the related consultative authority in 1908.6(e).

Onsite consultation is help provided by visiting an employer's worksite to review the safety and health program and specific hazards, and it must include a written report with the visit's findings and recommendations. See the definition of "Onsite consultation" in 1908.2.

In this part, "OSHA" means the Federal Occupational Safety and Health Administration or the State agency responsible under a State Plan approved under section 18 of the Act for enforcing occupational safety and health standards in that State. See the definition of "OSHA" in 1908.2.

A Programmed inspection is an OSHA worksite inspection scheduled based on objective or neutral criteria; it does not include inspections for imminent danger, fatality/catastrophe, or formal complaints. See the definitions of "Programmed inspection" and the exclusions in 1908.2.

The Recognition and exemption program is a consultative achievement program that recognizes small employers who operate an exemplary safety and health program at a specific worksite that prevents injuries and illnesses. See the definition of "Recognition and exemption program" in 1908.2.

The "RA" is the Regional Administrator for Occupational Safety and Health of the Region where the State is located, and the "Assistant Secretary" is the Assistant Secretary of Labor for Occupational Safety and Health. See the definitions of "RA" and "Assistant Secretary" in 1908.2.

"State" includes a U.S. State, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands for purposes of this part. See the definition of "State" in 1908.2.

Yes, 29 CFR 1910.1020 applies to employee exposure records created by consultation activity. The January 21, 1981 Letter of Interpretation confirms 1910.1020 applies to consultation-generated exposure records and explains which rules govern access. See the January 21, 1981 Letter of Interpretation and 1908.6.

Access by OSHA compliance officers to consultation records is governed by 1908.6, not 29 CFR 1910.1020, according to the January 21, 1981 Letter of Interpretation. See the January 21, 1981 Letter of Interpretation for the official guidance.

Employees have the 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. The January 21, 1981 Letter of Interpretation explains that employees may obtain exposure-related information from consultation reports as allowed by [29 CFR 1910.1020] and notes the access rules, while access by OSHA officers is governed by 1908.6. See the January 21, 1981 Letter of Interpretation.