Consultant qualifications and training

The Assistant Secretary sets the number based on program performance, demand, industrial mix, available resources, and the Regional Administrator's recommendation. See 1908.8(a)(1).

• This number may be adjusted periodically to match changing needs.
• Practical tip: Expect fluctuations year-to-year depending on workload and budget.

Yes—States must make efforts to utilize consultants with the safety and health expertise needed to meet the consultation demand of the State's industries, and the Regional Administrator will negotiate a reasonable balance annually. See 1908.8(a)(2).

• This means programs should hire or assign consultants who understand the hazards and practices of key local industries.
• The RA and State may adjust assignments each year to maintain that balance.

Consultants must be employees of the State and be qualified under State requirements for employment in occupational safety and health before assignment and annually thereafter. See 1908.8(b)(1).

• They must demonstrate adequate education and experience to satisfy the Regional Administrator (RA).
• States cannot use outside contractors or non-State employees as consultants under this provision.

No—a trainee may be trained under a Cooperative Agreement with RA approval but may not perform consultant duties independently until the RA determines they meet the requirements. See 1908.8(b)(1).

• Trainees can work under supervised training programs but must wait for formal RA approval to act independently.
• Keep documentation of training and RA approvals to show when a trainee became qualified.

Consultants must be able to identify hazards, assess employee exposure and risk, know OSHA standards, know hazard correction techniques and workplace safety and health program requirements, and communicate effectively both orally and in writing. See 1908.8(b)(2)(i).

• Examples: conducting walkthrough hazard recognition, sampling or estimating exposures, recommending corrective actions, and writing clear inspection or consultation reports.

Yes—the Assistant Secretary may establish additional degree and/or experience requirements that consultants must meet. See 1908.8(b)(2)(ii).

• States and applicants should monitor guidance for any added qualification requirements.
• The RA enforces those additional requirements when determining fitness for assignment.

The Assistant Secretary specifies immediate and continuing training requirements as necessary, and training expenses required by the Assistant Secretary or approved by the Regional Administrator will be reimbursed in full. See 1908.8(c).

• Get RA approval for training expenses that are not explicitly required to ensure reimbursement.
• Keep receipts and training records to support reimbursement claims.

Yes—all consultants must be selected in accordance with the provisions of Executive Order 11246 (Equal Employment Opportunity). See 1908.8(b)(1).

• This requires State programs to follow nondiscrimination and affirmative action obligations in hiring consultants.

Consultants must demonstrate adequate education and experience to satisfy the RA before assignment and annually thereafter that they meet the requirements in 1908.8(b)(2). See 1908.8(b)(1) and 1908.8(b)(2).

• Maintain annual records showing qualifications and performance to support ongoing eligibility.

Yes—the number of funded consultant positions may be adjusted periodically by the Assistant Secretary. See 1908.8(a)(1).

• Expect adjustments based on changing program performance, demand, and available resources.

Yes—consultants must be able to communicate effectively both orally and in writing. See 1908.8(b)(2)(i).

• This covers explaining hazards to employers and employees, and producing clear consultation reports and recommendations.

If a consultant does not demonstrate the required education, experience, or ability to perform satisfactorily, the RA may withhold independent consultant assignment until the person meets the requirements. See 1908.8(b)(1).

• The standard allows training under RA-approved programs for those with potential, but independent duties require RA determination of competence.

Practical demonstrations include conducting exposure observations, taking or supervising sampling, interpreting exposure data, estimating risk based on exposure and toxicity or severity, and prioritizing corrective actions. See 1908.8(b)(2)(i).

• Example tasks: walkthrough audits identifying chemical/physical hazards, documenting exposure pathways, and recommending specific control measures.

Yes—consultants must know hazard correction techniques and practices, which includes recommending feasible engineering, administrative, and PPE controls appropriate to the hazard. See 1908.8(b)(2)(i).

• Recommendations should be practical, prioritized, and tailored to the workplace and industry.

Training specified by the Assistant Secretary as required, or training approved by the Regional Administrator, qualifies for full reimbursement. See 1908.8(c).

• Always get RA approval in writing for training not explicitly listed as required to ensure reimbursement.

No—consultants under Cooperative Agreements must be State employees qualified under State requirements; private contractors do not meet that requirement. See 1908.8(b)(1).

• If an individual from outside the State is being considered, they must be employed by the State and meet the qualification criteria.

Yes—29 CFR 1910.1020 applies to employee exposure records created by 7(c)(1) consultation activity, and employees have a right of access to exposure information in those consultation reports when the information is relevant to them; OSHA compliance officers' access to such records is governed by 1908.6 as clarified in the OSHA letter of interpretation. See the letter Access to consultation records and 1908.

• The letter confirms employees can access any consultation report information that qualifies as an "employee exposure record" under 29 CFR 1910.1020(c)(5) and 1910.1020(e)(2)(i)(A)-(D).
• Keep confidential medical information protected, but provide exposure records when relevant to an employee's exposure.