The State must actively encourage employers to request consultative assistance and publicize the availability and scope of the consultative service. States are required to inform employers about the free consultative help and explain what the service covers, as set out in 1908.5(a)(1) and the general program 1908.
A State may use a variety of outreach methods, including paid ads, articles, direct mail, workplace visits, and public service announcements, to publicize its consultative service. Examples listed in 1908.5(a)(2) include paid newspaper advertisements 1908.5(a)(2)(i), articles 1908.5(a)(2)(ii), direct mail or phone outreach 1908.5(a)(2)(iii), in-person visits and conferences 1908.5(a)(2)(iv), soliciting support from business or labor groups 1908.5(a)(2)(v), using employer/employee testimonials 1908.5(a)(2)(vi), publishing informational materials 1908.5(a)(2)(vii), and free radio/TV public service announcements 1908.5(a)(2)(viii).
The consultative service is provided at no cost to the employer, and the State must clearly explain that the service is federally and state funded and intended to help employers establish and maintain effective safety and health programs. The requirement to explain the free nature and purpose of the service appears in 1908.5(a)(3) and the general program description is in 1908.
No—using the consultative service does not remove the employer's legal duty to provide safe and healthful working conditions. The State must explain that employers remain statutorily obligated to maintain safe workplaces and must correct imminent dangers and serious hazards identified by consultants, as described in 1908.5(a)(3).
If a consultant identifies a hazard that they judge to be an imminent danger, the employer is required to take immediate action to eliminate employee exposure; for serious hazards, the employer must correct them within a reasonable time. The rules about these employer obligations and how discovery of hazards is handled are in 1908.5(a)(3).
No—discovery of hazards during a consultative visit will not automatically start enforcement or referrals, unless the employer fails to eliminate imminent dangers or to correct serious hazards within the established time frame. That limitation on enforcement action following consultation is stated in 1908.5(a)(3).
No—an onsite consultative visit will be provided only at the employer's request and cannot result from enforcement-based entry under state law. This requirement is specified in 1908.5(b)(1).
Yes—an employer may limit the scope of a consultative visit to specific working conditions or hazards, but if the consultant observes hazards outside that specified scope, the consultant must treat those hazards as if they were within the scope of the request. This right to specify scope and the consultant's duty to address observed out-of-scope hazards are in 1908.5(b).
Small, high-hazard establishments should generally be encouraged to include all working conditions at the worksite and the employer's entire safety and health program in the scope of a consultative request. This guidance on recommended scope for small, high-hazard businesses is in 1908.5(b)(2).
Yes—employers may request onsite consultation to help abate hazards cited during an OSHA enforcement inspection, but the consultative visit may not take place until the conditions in 1908.7(b)(3) have been met. See 1908.5(b)(3).
Priority is given to businesses with the most hazardous operations, with primary attention to smaller businesses—especially smaller firms in higher-hazard industries or those with the most hazardous conditions. This scheduling priority is described in 1908.5(c).
The State must explain the requirements for participation in the recognition and exemption program and ensure the employer understands the obligation to post the List of Hazards that accompanies the consultant's written report. This requirement appears in 1908.5 and refers to the program elements in 1908.7(b)(4).
Yes—employees have the right to access any information in a consultation report that qualifies as an "employee exposure record" under 29 CFR 1910.1020, when that information is relevant to the employee. The Letter of Interpretation confirms that 29 CFR 1910.1020 applies to consultation activity and that employees may access employee exposure records as described in 1910.1020; see the letter at https://www.osha.gov/laws-regs/standardinterpretations/1981-01-21 and the consultative access guidance in 1908.
OSHA compliance officers' access to consultation records is governed by 1908.6 rather than 29 CFR 1910.1020, according to the 1981 Letter of Interpretation. The letter states that 1910.1020 applies to employee exposure records created by consultation activity, but OSHA compliance officers' access is governed by [1908.6]; see the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1981-01-21.