Yes. A State’s consultative activity must be conducted independently of OSHA enforcement activity, so consultation work and enforcement inspections remain separate. See 1908.7(a)(1) for the independence requirement and Part 1908 overview for context.
Yes. The consultation program must have its own identifiable managerial staff and, in States with approved Plans, that staff must be separate from the managers who conduct and schedule compliance inspections. See 1908.7(a)(2).
They may be provided to OSHA enforcement only in limited, specified circumstances such as failure to eliminate imminent danger, failure to eliminate serious hazards, inspection deferral situations, and recognition/exemption program matters. The exceptions are listed in 1908.7(a)(3) and further explained by cross-reference to 1908.6(f)(1) (imminent danger) and 1908.6(f)(4) (failure to eliminate serious hazards), and the inspection-deferral and recognition/exemption provisions in 1908.7(b)(1) and 1908.7(b)(4).
Yes. An onsite consultative visit already in progress generally has priority over OSHA compliance inspections, although there are specific exceptions listed in 1908.7(b)(2). See 1908.7(b)(1) and the related exceptions in 1908.7(b)(2).
A consultative visit is considered "in progress" from the opening conference through the end of the correction due dates (including any extensions), covering the working conditions, hazards, or situations addressed by the visit. The consultant and employer should notify the compliance officer and request a delay of inspection until the consultative visit is completed. See 1908.7(b) text describing notification and "in progress" definition.
A consultant must terminate an onsite consultative visit if an OSHA inspection that is about to occur is one of the following: an imminent danger investigation, a fatality/catastrophe investigation, a complaint investigation, or another critical inspection as determined by the Assistant Secretary. See 1908.7(b)(2) and the specific subparagraphs 1908.7(b)(2)(i), 1908.7(b)(2)(ii), 1908.7(b)(2)(iii), and 1908.7(b)(2)(iv).
No. An onsite consultative visit may not take place while an OSHA enforcement inspection is in progress at the establishment; an enforcement inspection is considered in progress from the time a compliance officer initially seeks entry until the end of the closing conference. See 1908.7(b)(3).
If an employer requests participation in the recognition and exemption program and meets the program requirements (a full consultative visit, correction of identified hazards within the set time frames, beginning to implement an effective safety and health program, and agreement to request follow-up consultative visits for major changes), OSHA may defer Programmed Inspections while the employer works toward recognition, and an employer that meets all requirements can have its establishment removed from OSHA's Programmed Inspection Schedule for at least one year. See 1908.7(b)(4)(i)(A) and 1908.7(b)(4)(i)(B).
OSHA will still conduct inspections for imminent danger situations, fatality/catastrophe investigations, and formal complaints at sites that have achieved recognition and have been granted exemption from the Programmed Inspection Schedule. See 1908.7(b)(4)(ii)(A), 1908.7(b)(4)(ii)(B), and 1908.7(b)(4)(ii)(C).
Those provisions apply to both serious and other-than-serious hazards when an employer requests participation in the recognition and exemption program, meaning the consultative project must follow the specified procedures and protections for all identified hazards as described in 1908.7(b)(5) and in the referenced parts of 1908.6. See also 1908.6(e), 1908.6(e)(7), 1908.6(e)(8), 1908.6(f)(3), and 1908.6(f)(5).
No. The consultant’s advice and written report are not binding on a compliance officer in a subsequent enforcement inspection, and the employer is not required to inform the compliance officer about the prior visit or provide the consultant’s report unless disclosure is required by another OSHA standard such as the records access rule. See 1908.7(c)(1), 1908.7(c)(2), and the recordkeeping and access requirements in 29 CFR 1910.1020.
OSHA may obtain the consultation report during enforcement if OSHA independently determines the employer failed to correct serious hazards identified during consultation, recreated the same hazard, or made false statements related to the consultation; if the employer voluntarily provides the report, it may be used as a factor in determining the scope of inspection and proposed penalties. See 1908.7(c)(4).
Yes. If, during a compliance inspection, OSHA identifies serious hazards that were previously identified during a consultative visit and the employer is in good faith complying with the consultant’s recommendations, the Area Director has the authority to assess minimum penalties accordingly. See 1908.7(c)(4).
To request an inspection deferral while working toward recognition and exemption status, the employer must request participation in the recognition and exemption program, undergo a consultative visit that covers all conditions and operations related to safety and health at the workplace, correct all identified hazards within established time frames, begin implementing all elements of an effective safety and health program, and agree to request a consultative visit if major changes occur that may introduce new hazards. See 1908.7(b)(4)(i)(A).