State consultation eligibility and reimbursement

Yes — any State may enter into an agreement to perform consultation for private sector employers unless the State already has a section-18 approved Plan that includes federally funded consultation for the private sector. See the rule 1908.3(a) and the general 1902 authority referenced in the part.

• If a State’s approved Plan does not include federally funded private-sector consultation, the State is eligible to participate under 1908.3(a).
• If a State’s approved Plan does include federally funded private-sector consultation, that State is not eligible under 1908.3(a).

The Assistant Secretary will reimburse 90 percent of the costs incurred under a Cooperative Agreement. See 1908.3(b)(1).

• In addition, approved training of State staff operating under a Cooperative Agreement and specified out-of-State travel by such staff are fully reimbursed, per the same paragraph.

Yes — approved training of State staff and specified out-of-State travel are fully reimbursed, while most other costs incurred under the Cooperative Agreement are reimbursed at 90 percent. See 1908.3(b)(1).

• This means training and specified out-of-State travel receive 100% federal reimbursement; other eligible costs are reimbursed at 90%.

No — reimbursement under this part is limited to costs incurred in providing consultation to private sector employers only. See 1908.3(b)(2).

• That general rule means consultation services provided to State and local governments are not eligible for Federal reimbursement under this part, except as explained for States with approved Plans in 1908.3(b)(2)(i).

In States with Plans approved under section 18 of the Act, consultation to State and local governments and the other voluntary compliance activities listed in 1902.4(c)(2)(xiii) will not be affected by this part and will receive Federal reimbursement according to section 23(g) of the Act. See 1908.3(b)(2)(i).

• In short: in States with an approved Plan, those non-private-sector consultation activities are funded under the separate rules for approved Plans, not under this Cooperative Agreement program.

No — in States without Plans approved under section 18, Federal reimbursement for consultation provided to State and local governments is not allowed; the State may conduct that activity only with 100 percent State funding. See 1908.3(b)(2)(ii).

• This paragraph makes clear that Federal funds under this part are restricted to private-sector consultation in non-Plan States.

Federal reimbursement covers costs the State incurs in providing consultation to private sector employers under the Cooperative Agreement — generally reimbursed at 90 percent — with approved staff training and specified out-of-State travel reimbursed at 100 percent. See 1908.3(b)(1) and 1908.3(b)(2).

• The regulation does not list every eligible cost category in this paragraph; the Cooperative Agreement and implementing guidance typically specify allowable cost items.

If a State’s approved Plan does not include provisions for federally funded consultation to private sector employers, the State is eligible to enter into a Cooperative Agreement under 1908.3(a). See 1908.3(a).

• The key condition is whether the approved Plan contains federally funded private-sector consultation; absence of such provisions preserves eligibility under 1908.3(a).

Yes — 29 CFR 1910.1020 applies to employee exposure records created by 7(c)(1) consultation activity. See the OSHA Letter of Interpretation Access to consultation records (January 21, 1981).

• That Letter of Interpretation explicitly answers that employee exposure records from consultation are subject to 1910.1020.

OSHA compliance officers' access to consultation records is governed by 1908.6, not 29 CFR 1910.1020. See the OSHA Letter of Interpretation Access to consultation records (January 21, 1981).

• The Letter clarifies that although 1910.1020 applies to employee exposure records created during consultation, the rules for OSHA officers’ access are set out in 1908.6.

Yes — employees have the right to access any information in the consultation report that qualifies as an "employee exposure record" under 29 CFR 1910.1020(c)(5), when that information is relevant to the employee. See the OSHA Letter of Interpretation Access to consultation records (January 21, 1981).

• The Letter points to the access provisions in 29 CFR 1910.1020(e)(2)(i)(A)-(D) for details on employee rights to records relevant to them.

Reimbursement under this part is limited to costs for consultation provided to private sector employers; costs for State/local government consultation are not reimbursable under this part except for States with approved Plans where those activities are funded under the Plan rules. See 1908.3(b)(2) and 1908.3(b)(2)(i).

• In practice: allocate Cooperative Agreement reimbursement only to private-sector consultation costs; document separations if staff or resources serve both audiences.
• In States without an approved Plan, any State/local consultation must be 100% State-funded per 1908.3(b)(2)(ii).

Yes — a State may conduct consultation activities using State funds, but Federal reimbursement under 1908.3 is limited to private-sector consultation costs under a Cooperative Agreement and follows the eligibility rules for States with or without approved Plans. See 1908.3(b)(2), 1908.3(b)(2)(i), and 1908.3(b)(2)(ii).

• For non-Plan States: State/local government consultation may be provided but must be fully State-funded.
• For Plan States: funding for those activities is handled under the approved Plan rules (section 23(g) of the Act), not this Cooperative Agreement program.