Subpart J
Under 1960.80(a), the Secretary must conduct three types of evaluations: a complete and extensive evaluation of all program elements, special studies of limited program areas, and field reviews and scheduled inspections. See 1960.80(a) and its subsections 1960.80(a)(1), 1960.80(a)(2), and 1960.80(a)(3).
Under 1960.80(b), the Secretary must develop and distribute detailed information that includes the major program elements to be evaluated, the methods and factors for judging effectiveness, criteria for defining "large" or "more hazardous" agencies or operations, procedures for conducting evaluations (including field visits and inspections), and the required reporting format for agencies' annual self-evaluation summaries. See 1960.80(b) and the specific items at 1960.80(b)(1)–(5).
Under 1960.80(b)(3), the Secretary will define "large" or "more hazardous" agencies, establishments, or operations by including the specific factors and thresholds in the detailed information distributed to agencies as part of the evaluation program. See 1960.80(b)(3), which directs the Secretary to provide those factors to Federal agencies.
Under 1960.80(c), the Department of Labor will first review the agency's annual self-evaluation summary report and then develop a written program evaluation plan; a copy of that plan must be given to the agency when the evaluation is announced. See 1960.80(c).
Under 1960.80(d), the Secretary or the Secretary's representative must hold an opening conference with the agency head or a designee to explain the Secretary's authority, the evaluation plan, and the procedures and support the agency must provide to facilitate the evaluation. See 1960.80(d).
Under 1960.80(e), an agency evaluation should be completed within 90 calendar days of the date of the opening conference. See 1960.80(e).
Under 1960.80(f), the Secretary must submit the report of the evaluation to the agency head within 90 calendar days from the date of the closing conference. See 1960.80(f).
Under 1960.80(g), agency heads must respond to the evaluation report within 60 calendar days of receiving it. See 1960.80(g).
Under 1960.80(b)(4), the Secretary will include in the distributed evaluation information the detailed procedures for how evaluations are to be conducted, including the steps, methods, and expectations for field visits and scheduled inspections. See 1960.80(b)(4).
Under 1960.80(b)(5), the Secretary will prescribe and distribute the reporting format that agency heads must use when submitting their annual summaries of self-evaluation programs. Agencies must follow that prescribed format when preparing their annual summaries. See 1960.80(b)(5).
Under 1960.80(c), a copy of the Secretary's program evaluation plan must be furnished to the agency at the time the agency is notified that the evaluation will take place. See 1960.80(c).
Under 1960.80(d), agencies are expected to provide the support described in the evaluation plan and to cooperate in facilitating the evaluation (for example, by providing access to records, work sites, and personnel as needed) so the Secretary's representative can explain procedures and proceed efficiently. See 1960.80(d).
Agencies may apply an alternate standard only under the alternate-standards procedures (such as those discussed in related guidance) and must seek the Secretary of Labor's approval before implementing it; this requirement and process are discussed in OSHA correspondence about alternate standards and related sections of the 1960 regulations. See the discussion in the interpretation on hexavalent chromium sampling methods at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19 and review 1960 for the agency program framework.
Under 1960.80(a)(2), the Secretary will perform special studies of limited areas when deemed necessary to examine specific program components or problems more closely, rather than doing a full program evaluation. See 1960.80(a)(2).
Under 1960.80(a)(3) and 1960.80(b)(4), "field reviews" are broader on-site assessments of program implementation across locations or activities, while "scheduled inspections" are specific, planned workplace inspections carried out as part of the evaluation procedures the Secretary distributes; both are conducted as deemed necessary and the detailed procedures are provided to agencies in the evaluation guidance. See 1960.80(a)(3) and 1960.80(b)(4).
Under 1960.80(f), the Secretary must submit the final evaluation report directly to the head of the agency being evaluated. See 1960.80(f).
Under 1960.80(g), an agency head's response—submitted within 60 calendar days—should address the findings in the evaluation report and describe corrective actions taken or planned to remedy any deficiencies identified; the standard requires the response but agencies should follow the reporting format and content guidance provided by the Secretary. See 1960.80(g) and the distribution requirements at 1960.80(b)(5).
Yes. Under 1960.80(c), the Department of Labor will review the agency's annual self-evaluation summary report prior to initiating the evaluation, and that review informs the development of the Secretary's program evaluation plan and helps determine areas of focus for inspections or studies. See 1960.80(c).
Under 1960.80 evaluations, consensus standards like ANSI may be cited as evidence of recognized hazards or feasible abatement methods even if they are not OSHA standards; OSHA has explained that such industry standards can support findings when an OSHA standard does not directly address the hazard. See 1960 and the OSHA letter discussing use of ANSI standards at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0.