1919 Subpart B
The Assistant Secretary is the official who approves or denies an accreditation application. The regulation states the Assistant Secretary shall approve or deny applications and may conduct an investigation (including a hearing) before reaching a decision; the applicant should therefore expect the decision to come from that office. See 1919.4(a) and the general 1919 rule for context.
Yes — OSHA may hold a hearing as part of an investigation before making a decision. The rule explicitly allows the Assistant Secretary to conduct an investigation, which may include a hearing, prior to approving or denying an application. See 1919.4(a).
Yes — other interested persons may be given an opportunity to present data and views if the Assistant Secretary deems it appropriate. The regulation permits the Assistant Secretary, to the extent he or she deems appropriate, to provide an opportunity for other interested parties to submit data and views before a decision is made. See 1919.4(a).
OSHA may return the application to you with a note of the deficiencies, and you can submit a corrected or new application without penalty. The rule says any application that fails to present the information required by the prescribed form may be returned to the applicant with a notation of deficiencies and without prejudice to submission of a new or revised application. See 1919.4(b).
OSHA will mail you a notice — if approved you receive an approval notice; if denied you receive a denial notice. The regulation states that a notice of approval shall be mailed when approved and a notice of denial shall be mailed when denied. See 1919.4(c).
A denial 'without prejudice' means you are allowed to submit a subsequent application. The rule explains that denials are without prejudice to any subsequent application except where denial is deemed to be in the public interest (a denial with prejudice). If a denial is made with prejudice, the procedures in 1919.9 apply. See 1919.4(c).
You must keep a copy of the notice of accreditation on file at your place of business. The regulation requires that a copy of the notice of accreditation be kept on file by the applicant at the applicant's place of business. See 1919.4(d).
No — an application returned for deficiencies may be resubmitted and the return itself does not bar reapplication. The rule states that deficient applications may be returned to the applicant with a notation of deficiencies and without prejudice to submission of a new or revised application. See 1919.4(b).
The regulation does not guarantee an applicant the right to demand a hearing; it authorizes the Assistant Secretary to conduct an investigation that may include a hearing. In other words, hearings are discretionary on the part of the Assistant Secretary under 1919.4(a), so an applicant should request one but expect that the Assistant Secretary will decide whether a hearing will be held. See 1919.4(a).
Generally no — employers assign or approve a 'competent person', and OSHA accreditation of individuals is not a routine employer requirement except in limited maritime circumstances that reference Part 1919. A 1977 OSHA letter of interpretation explains that the employer assigns or approves someone as a 'competent person' under 29 CFR 1926.32(f), and that OSHA accreditation of persons is required only where specific maritime standards (Part 1919) mandate certification. See the OSHA interpretation Competent person accreditation procedures and the general 1919 provisions.
The regulation does not specify a required form or timeline for notice; it only permits the Assistant Secretary to provide an opportunity to other interested persons to present data and views to the extent deemed appropriate. That means the Assistant Secretary controls how and when such opportunities are given rather than the regulation prescribing a specific notice procedure. See 1919.4(a).
Yes — unless the denial specifically states it is with prejudice or otherwise cites public-interest grounds, you may reapply because denials are by default 'without prejudice' to subsequent applications. The regulation explains that a denial shall be mailed to the applicant and shall be without prejudice to any subsequent application except where such action is deemed to be in the public interest. See 1919.4(c).
Correct the identified deficiencies and promptly submit a new or revised application. The regulation permits returned applications to be resubmitted without prejudice, so you should use the notation of deficiencies to fix omissions or errors and then file a complete application per the prescribed form. See 1919.4(b).