OSHA 2014 Site Specific Targeting (SST) Plan and Strategic Partnerships
OSHA has issued a directive, effective March 3, 2014, implementing its 2014 Site-Specific Targeting inspection plan. Below is a memorandum from the Law Offices of Adele Abrams, Esq. providing some further explanation of that directive, which can be found at https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-14-01.pdf
From the Law Offices of Adele Abrams, Esq. –
Last month (February 26, 2014), OSHA issued directive 14-01 (CPL 02) announcing its 2014 Site Specific Targeting (SST) inspection plan.
OSHA uses the SST for scheduling most of its “programmed” inspections in general industry. SST does not include construction, which has its own inspection targeting directive (CPL 02-00-155) and is based on information about “construction starts” available through a couple of different databases. OSHA uses information from injury and illness records collected under the OSHA Data Initiative (ODI) to identify individual establishments for inspections under the SST. As more employer-specific information is obtained electronically in the future – assuming the passage of OSHA’s current electronic reporting initiative — the SST criteria will no doubt be affected.
The directive for OSHA’s 2014 SST states that OSHA is using 2011 injury and illness data that was collected in the 2012 ODI. However, the “primary inspection list” under the 2014 SST consists of 1,260 establishments that were identified under the 2010 ODI, on which OSHA and the Office of the Assistant Secretary for Policy are conducting a study of “recidivism rates of establishments that have been inspected.”
If an Area Office completes its Primary Inspection List, it may then inspect establishments on its secondary inspection list, which are based on the establishment’s DART and DAFWII rates. Manufacturing establishments must have a DART rate at or over 5.0 or a DAFWII rate at or above 4.0 to be on the secondary list. Non-manufacturing establishments must have a DART rate at or above 7.0 or a DAFWII rate at or above 5.0 to be on the secondary list.
The directive states that establishments that are in the process of having a “full service comprehensive consultation” under the on-site consultation program, and establishments that have applied for VPP may be deferred for a short period of time (90 days for on-site consultation, 75 days for VPP) from an inspection under the SST program. The directive also provides that establishments that are already in the VPP or SHARP programs are to be deleted from the inspection lists under the SST.
However, the directive explicitly states that establishments that are proposing a new or renewed partnership under OSHA’s Strategic Partnership Program are not eligible for either deferral or deletion. Establishments that participate in partnerships that were entered into prior to July 27, 2012, may be deleted from the inspection lists until the partnership agreement’s expiration/renewal date.
The 2014 SST directive thus reiterates the change incorporated last year when OSHA revised its directive on the Strategic Partnership Program, CSP 03-02-003, OSHA Strategic Partnership Program for Worker Safety and Health, that OSHA would no longer include any deferral or deletion from a programmed inspection list as part of a strategic partnership agreement. Under the revised partnership directive, CSP 03-02-003, OSHA will only allow very limited types of “incentives” for companies entering into strategic partnerships with OSHA – focused inspections for construction or a limited scope inspection if certain conditions are met for general industry partnerships. OSHA has also eliminated the previous 10% reduction in penalties for employers which participate in partnerships.