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OSHA 1908.4

Offsite consultation services

24 Questions & Answers
1 Interpretations

Questions & Answers

Under 1908.4, can a State provide consultation services offsite (for example by phone or at a consultation office)?

Under 1908.4, yes — the State may provide consultative services by telephone, correspondence, and at locations other than the employer's worksite such as consultation project offices. See 1908.4 for the scope of offsite consultation.

Under 1908.4, may offsite consultation include training and education, and who authorizes that?

Under 1908.4, offsite consultation may include training and education, but only under the limited conditions specified by the Assistant Secretary. See 1908.4 for this authorization.

Under 1908.4, what kinds of locations or methods are explicitly allowed for providing State consultation services?

Under 1908.4, the State may provide consultative services by telephone, by correspondence, and at locations other than the employer's worksite (for example, consultation project offices). See 1908.4 for the listed methods and locations.

Under 1908.4, are the offsite consultation project offices considered acceptable places to deliver consultative services?

Under 1908.4, yes — consultation project offices are specifically mentioned as acceptable locations where the State may provide consultative services. See 1908.4.

Under 1908.4, is offsite consultation limited only to non-contact methods like phone and mail?

Under 1908.4, no — offsite consultation is not limited to phone and mail; it also includes in-person services at locations other than the employer's worksite, such as consultation project offices. See 1908.4.

Under 1908.4, who is authorized to provide the consultative services described in the rule?

Under 1908.4, the State (meaning the State consultation program) may provide the consultative services described. See 1908.4 for this authority.

Under 1908.4, is there any federal-level approval required for including training in offsite consultation?

Under 1908.4, including training and education in offsite consultation is allowed only under the limited conditions specified by the Assistant Secretary, which means there is federal-level specification or oversight for that inclusion. See 1908.4.

Under applicable OSHA guidance, do employee exposure records created during consultation activity fall under 29 CFR 1910.1020?

Under the Letter of Interpretation dated January 21, 1981, yes — 29 CFR 1910.1020 (Access to Employee Exposure and Medical Records) applies to employee exposure records created by consultation activity under 7(c)(1). See the OSHA Letter of Interpretation Access to consultation records.

Under the 1981 Letter of Interpretation, do employees have a right to access consultation reports that include employee exposure information?

Under the 1981 Letter of Interpretation, yes — employees have the right to access any information in a consultation report that is considered an "employee exposure record" under 29 CFR 1910.1020, where that information is relevant to the employee. See the OSHA Letter of Interpretation Access to consultation records.

Under the 1981 Letter of Interpretation, which rule governs OSHA compliance officers' access to consultation records?

Under the 1981 Letter of Interpretation, OSHA compliance officers' access to consultation records is governed by 29 CFR 1908.6. The Letter of Interpretation states that while 29 CFR 1910.1020 applies to consultation-generated exposure records, 1908.6 governs OSHA compliance officers' access. See the OSHA Letter of Interpretation Access to consultation records.

Under the 1981 Letter of Interpretation, if a consultation report contains both exposure records and other non-exposure findings, can employees obtain only the exposure-related parts?

Under the 1981 Letter of Interpretation, yes — employees can obtain the parts of a consultation report that are considered "employee exposure records" under 29 CFR 1910.1020 and that are relevant to them; they are not necessarily entitled to unrelated portions of the report. See the OSHA Letter of Interpretation Access to consultation records.

Under 1908.4, can an employer receive consultative services by correspondence instead of an onsite visit?

Under 1908.4, yes — the State may provide consultative services by correspondence as one of the allowed offsite methods. See 1908.4.

Under 1908.4, must offsite consultation always be free of charge to employers?

Under 1908.4, the text states what methods and locations are allowed for consultation but does not address fees or cost; the provision does not by itself state whether services are free or fee-based. For the scope of permissible offsite delivery see 1908.4.

Under 1908.4, if a State consultation program wants to offer a classroom training session offsite, is that allowed and who sets any limits?

Under 1908.4, offering offsite classroom training is allowed in principle because the rule permits training and education under limited conditions; the Assistant Secretary specifies those limits. See 1908.4.

Under the 1981 Letter of Interpretation, does 29 CFR 1910.1020 apply even when consultation activity is performed under 7(c)(1)?

Under the 1981 Letter of Interpretation, yes — 29 CFR 1910.1020 applies to employee exposure records created by consultation activity carried out under 7(c)(1). See the OSHA Letter of Interpretation Access to consultation records.

Under the 1981 Letter of Interpretation, how should an employer treat a consultation report that an OSHA compliance officer requests?

Under the 1981 Letter of Interpretation, OSHA compliance officers' access to consultation records is governed by 29 CFR 1908.6, so an employer should follow the procedures and requirements of that section when responding to a compliance officer's request. See the OSHA Letter of Interpretation Access to consultation records and consult 1908 for the part that contains 1908.6.

Under 1908.4, do the offsite consultation provisions apply to both small and large employers?

Under 1908.4, the rule allows the State to provide consultative services offsite without distinguishing employer size, so both small and large employers may be served offsite where the State consultation program offers those services. See 1908.4.

Under the 1981 Letter of Interpretation, what must an employer do if an employee asks for access to exposure information contained in a consultation report?

Under the 1981 Letter of Interpretation, the employer must provide access to any part of the consultation report that qualifies as an "employee exposure record" under 29 CFR 1910.1020 and is relevant to the employee's exposure; the Letter of Interpretation clarifies that employees have this access right. See the OSHA Letter of Interpretation Access to consultation records.

Under 1908.4, does the rule require consultation to be provided at the employer's worksite before offsite methods are used?

Under 1908.4, the rule does not require an onsite visit first; it states the State may provide consultative services by phone, correspondence, and at other locations such as consultation project offices. The regulation does not mandate a prior onsite visit. See 1908.4.

Under 1908.4, can offsite consultation be tailored to specific employer safety problems, or is it only for general guidance?

Under 1908.4, the rule allows the State to provide consultative services on occupational safety and health issues by offsite methods; it does not limit consultation to only general guidance, so tailored advice on safety and health issues may be provided offsite as part of those services. See 1908.4.

Under the 1981 Letter of Interpretation, does the employer or the State consultation program decide which parts of a consultation report count as "employee exposure records"?

Under the 1981 Letter of Interpretation, the definition and application of "employee exposure records" come from 29 CFR 1910.1020; the employer or State cannot unilaterally withhold information that qualifies as an employee exposure record, because employees have rights to access such records under that regulation as explained in the Letter of Interpretation. See the OSHA Letter of Interpretation Access to consultation records.

Under 1908.4, can a State consultation program use electronic correspondence (e-mail) as part of offsite consultation?

Under 1908.4, the rule allows consultative services by "correspondence," which includes written communications; while the regulation text does not explicitly name electronic mail, modern practice treats e-mail as a form of correspondence consistent with the offsite methods listed in 1908.4.

Under the 1981 Letter of Interpretation, if a consultation report includes personal medical information, is that covered by employee access provisions?

Under the 1981 Letter of Interpretation, personal medical and exposure records are covered by 29 CFR 1910.1020 when they qualify as "employee exposure" or medical records; employees have rights to access records that are covered and relevant to them under that regulation as described in the Letter of Interpretation. See the OSHA Letter of Interpretation Access to consultation records.

Under 1908.4, may a State consultation program advertise or inform employers about offsite services such as phone consultation and project office meetings?

Under 1908.4, the text permits the State to provide consultative services offsite (by phone, correspondence, or at project offices); it does not prohibit informing or advertising those services to employers, so outreach about available offsite services would be consistent with the regulation's allowance of offsite consultation. See 1908.4.

Letters of Interpretation (1)