Revisions to the Voluntary Protection Programs To Provide Safe and Healthful Working Conditions, 927-952 [E9-165]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 927-952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-165]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Revisions to the Voluntary Protection Programs To Provide Safe 
and Healthful Working Conditions

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of revisions to the program.

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SUMMARY: This notice, which sets forth the basic philosophy and 
requirements of the Occupational Safety and Health Administration's 
Voluntary Protection Programs (VPP), revises VPP's traditional focus on 
individual fixed worksites by adding two new ways to participate: 
Mobile workforce and corporate. A significant reorganization of the 
program helps clarify the multiple participation options now available. 
Additional changes include: Greater flexibility in the VPP 
Demonstration Program; modified provisions concerning Star Program Rate 
Reduction Plans and 1-Year Conditional status; clarified requirements 
for Federal agency participants performing construction activities; and 
a new expectation concerning outreach and mentoring activities.

DATES: The revisions are effective 120 days from date of publication in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Cathy Oliver, Director, Office of 
Partnerships and Recognition, Occupational Safety and Health 
Administration, Room N3700, 200 Constitution Ave., NW., Washington, DC 
20210, telephone (202) 693-2213. Electronic copies of this Federal 
Register notice, as well as news releases and other relevant documents, 
are available at OSHA's Web site, https://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

    The Voluntary Protection Programs (VPP), adopted by OSHA in Federal 
Register Notice 47 FR 29025, July 2, 1982, and subsequently revised, 
have established the efficacy of cooperative action among government, 
industry, and labor to address worker safety and health issues and 
expand worker protection. VPP participation requirements center on 
comprehensive management systems with significant management leadership 
and active employee involvement to prevent or control the safety and 
health hazards at the worksite. Employers who qualify generally view 
OSHA standards as a minimum level of safety and health performance and 
set their own more stringent standards where necessary for effective 
employee protection.
    Continuous improvement is a well-established principle of VPP. 
Participants strive to make ongoing gains in performance and protective 
systems, and OSHA strives to improve the VPP, its policies and 
procedures, and its impact on workplaces throughout the United States.
    The well documented success of VPP, the applicability of VPP 
principles to diverse industries and work situations, and the presence 
within its ranks of world-class models of safety and health excellence 
have produced a continuing stream of applications from small and large 
businesses and Federal agencies, both union and non-union. VPP, OSHA's 
premier recognition program, has become a powerful tool for reducing 
workplace injuries and illnesses.
    VPP's original focus was on establishing effective safety and 
health management systems at individual fixed worksites where the 
employer had responsibility and authority to control safety and health. 
OSHA's experience with VPP Demonstration Programs and other cooperative 
programs, and the public comments on its proposal in the Federal 
Register to establish a VPP for Construction, 69 FR 53300, August 31, 
2004, have demonstrated that the basic principles of site-based safety 
and health management apply equally well to workforces that move from 
one work project and location to another and whose employers may not 
have controlling authority for safety and health.

[[Page 928]]

    Therefore, VPP now changes from a primarily site-based program to 
one that welcomes applications from both individual fixed worksites and 
employers with mobile workforces. This change opens new opportunities 
for participation by exemplary employers in the construction industry 
plus mobile workforce employers in other industries. OSHA is pleased to 
extend the benefits of VPP to these employers and employees.
    In addition to its efforts to make VPP eligibility more inclusive, 
OSHA has been experimenting with ways to make the VPP application and 
review process more efficient and less resource-intensive for 
applicants and the Agency. The VPP Corporate Pilot, operating since 
2004, has tested new VPP processes for multi-facility applicants who 
demonstrate a strong commitment to employee safety and health and VPP. 
These applicants, typically large corporations or Federal agencies, 
have adopted VPP on a broad scale for protecting the safety and health 
of their employees.
    OSHA has required VPP Corporate Pilot applicants and participants 
to have established, standardized corporate-level safety and health 
management systems that are effectively implemented organization-wide, 
as well as internal screening processes for evaluating their 
facilities' safety and health performance. Under the VPP Corporate 
Pilot, OSHA has offered streamlined processes to eliminate redundancies 
in application requirements and onsite review procedures while 
continuing to perform careful onsite reviews of all applicant 
facilities. The efficiencies tested successfully within this pilot have 
encouraged numerous multi-facility employers to make an organization-
wide commitment to VPP. The lessons learned (discussed in Section II) 
now enable OSHA to add to VPP the new option of corporate 
participation.
    Once the following revisions become effective, OSHA will move 
current participants in its VPP Mobile Workforce Demonstration for 
Construction and its VPP Corporate Pilot into the appropriate VPP 
program (Star or Merit) and way to participate (site-based, mobile 
workforce, or corporate).

B. Statutory Framework

    The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et 
seq. (hereinafter referred to as the OSH Act), was enacted ``to assure 
so far as possible every working man and woman in the Nation safe and 
healthful working conditions and to preserve our human resources * * 
*.''
    Section 2(b) specifies the measures by which the Congress would 
have OSHA carry out these purposes. The following are provisions which 
represent the legislative authority applicable to the Voluntary 
Protection Programs:

    ``* * * (1) by encouraging employers and employees in their 
efforts to reduce the number of occupational safety and health 
hazards at their places of employment, and to stimulate employers 
and employees to institute new and to perfect existing programs for 
providing safe and healthful working conditions;''
``* * * (4) by building upon advances already made through employer 
and employee initiative for providing safe and healthful working 
conditions;''
``* * * (5) * * * by developing innovative methods, techniques, and 
approaches for dealing with occupational safety and health 
problems;''
``* * * (13) by encouraging joint labor-management efforts to reduce 
injuries and disease arising out of employment.''

C. States with OSHA-approved State Plans

    As provided by Section 18 of the OSH Act, 26 States have received 
OSHA approval to operate their own occupational safety and health 
programs, which must be at least as effective as the Federal OSHA 
program. Twenty-two of these State Plans cover both private and public 
sector employees; four cover public sector only. The States have been 
encouraged to establish their own VPPs parallel to the Federal VPP. All 
States with OSHA-approved State Plans have established VPPs, submitted 
documentation, and received approval from OSHA.
    State VPPs may contain different participation categories, 
processes, and criteria. Some States include programs that correspond 
to OSHA's current Star, Merit and Demonstration Programs. Some States 
already have expanded their construction industry VPP participation 
options.
    When the following revisions become effective, all State Plans will 
be required to advise OSHA whether they intend to adopt similar changes 
to their current programs, including the addition of mobile workforce 
and corporate ways to participate. They will be asked to submit 
documentation on any revisions for OSHA review. OSHA will make 
available on its Web site summary information on the States' responses 
to this Federal Program Change.

II. Discussion of the Changes

A. Mobile Workforce Participation

    The construction industry, traditionally one of the nation's most 
hazardous, has not been able to take full advantage of the benefits of 
VPP participation. There are multiple reasons for the industry's 
underrepresentation. These include:
     VPP eligibility requirements traditionally apply to fixed 
worksites ``controlled'' by the applicant. This alone rules out many 
trades-oriented employers acting as subcontractors, for example, 
plumbers, heating and ventilation workers, drywall installers, etc. 
Many of these employers, nevertheless, have exceptional safety and 
health management systems that proactively identify and protect their 
workers from hazards, regardless of where they are working.
     The short-term scope of some construction projects and the 
mobile nature of the construction workforce have limited construction 
industry participation in VPP.
     A construction site, with its often hazardous and 
frequently changing working conditions, presents unique challenges to 
the development and implementation of an effective safety and health 
management system.
    OSHA, the Advisory Committee on Construction Safety and Health 
(ACCSH), and industry representatives agree that making VPP a feasible 
goal for small, medium, and large construction employers would 
encourage a greater number of them to implement effective safety and 
health management systems. In OSHA's experience, such systems are the 
best way to reduce work-related injuries, illnesses, and fatalities.
    To that end, OSHA implemented two VPP Demonstration programs in 
1998 to evaluate alternative VPP criteria that, if successful, could 
lead to greater construction participation. The Star Demonstration for 
Short-Term Construction Projects involved construction employers and 
subcontractors working at selected short-term worksites (12-18 months 
duration). The program tested alternative VPP eligibility requirements 
and procedures, and enabled OSHA to gain experience in how such 
companies ensure safe and healthful work environments at multiple, 
short-term construction sites. The Mobile Workforce Star Demonstration 
Program gave companies whose employees travel from one site to another 
and that typically do not ``control'' the worksite the opportunity to 
demonstrate their ability to provide high level safety and health 
protection for their mobile workforce. OSHA required participants in 
both programs to maintain all four of the safety and health management 
system elements of the traditional VPP--management leadership and

[[Page 929]]

employee involvement, worksite analysis, hazard prevention and control, 
and safety and health training--at a level of excellence equal to VPP's 
Star Program.
    The documented success of those demonstrations, and especially a 
modified demonstration within Region V's Cincinnati Area Office, led to 
meetings in 2003 and 2004 with construction employers, trade 
association representatives, and representatives of the Building and 
Construction Trades Department, AFL-CIO.
    OSHA, convinced of the importance and feasibility of bringing more 
construction companies into VPP, proposed in Federal Register Notice 69 
FR 53300, August 31, 2004, to establish a new VPP for Construction. The 
Agency asked for comments on its proposal from stakeholders and the 
general public.
    OSHA received feedback from 18 commenters: two associations 
representing VPP participants; two national unions; one association of 
safety professionals; six trade associations representing construction 
industry employers; three VPP participating companies; one construction 
company outside VPP; and three private individuals. The numbered 
sections below review comments relevant to major issues, the Agency's 
subsequent decisionmaking, creation of the 2006 Mobile Workforce 
Demonstration for Construction, and VPP revisions contained in this 
notice.
    Based on comments received in 2004 and further discussion within 
the Agency, OSHA chose to continue exploring alternative VPP policies 
and procedures for the construction industry in a new, nationwide VPP 
Mobile Workforce Demonstration for Construction, launched in 2006. OSHA 
welcomed applications from construction companies ranging from large, 
controlling general contractors to small specialty trade contractors 
whose employees moved frequently from site to site.
    OSHA's various construction demonstrations have had the positive 
effect of increasing construction industry participation in VPP. The 
overall experience of these construction participants has been 
outstanding. Construction employers who have participated in VPP 
Demonstration Programs have achieved, as a group, Total Case Incidence 
Rates (TCIR) and Days Away/Restricted/Transfer (DART) rates 54 percent 
and 56 percent below published Bureau of Labor Statistics industry 
rates (2006 VADS, OSHA's VPP data system). Their injury and illness 
rate experience subsequent to entering VPP programs has been either on 
par or below the overall VPP average rates for general industry.
1. Safety and Health Management System
    Several commenters voiced concern that the proposed safety and 
health management system for construction employers, which did not 
differ significantly from the comprehensive system required of site-
based VPP participants, placed too great a burden on small construction 
companies and failed to recognize the construction industry's 
differences from other industries. Several commenters were particularly 
critical of requiring site implementation plans for every work project.
    OSHA's VPP experience provides ample evidence that VPP's safety and 
health management system, which is performance-based and requires 
participants to identify their specific hazards, needs, and appropriate 
protective measures, provides sufficient flexibility and can be applied 
to any industry. The experience of the early construction 
demonstrations, as well as the ongoing experience of VPP's site-based 
construction participants, shows that even small construction companies 
are capable of working successfully with the VPP model, attaining VPP 
approval, and maintaining VPP-quality systems and performance. The 2006 
Mobile Workforce Demonstration bears out this earlier experience: As of 
December 2007, 28 percent of all mobile workforce participants reported 
fewer than 100 employees including contractor/subcontractor employees 
(whose injury and illness experience is rolled up with regular 
employees).
    OSHA did recognize that requiring individual, comprehensive site 
implementation plans might be an unnecessary and burdensome condition 
of participation, and the Agency eliminated this feature in the 
subsequent 2006 Demonstration Program. Moreover, OSHA decided to build 
additional flexibility and sensitivity to construction workplace 
conditions into the 2006 Demonstration by having applicants develop a 
unique Participation Plan. This plan was limited to addressing elements 
of the applicant's participation that differed in substance or emphasis 
from the traditional VPP requirements, such as different employee 
involvement strategies, baseline hazard analysis, and emergency 
response and evacuation procedures. The Participation Plan has been a 
valuable feature of the 2006 Demonstration and is now made part of the 
mobile workforce way to participate (VI.C.1.b.).
2. Geographic Boundary for Participation
    Some commenters questioned the need for construction company 
participation boundaries defined by OSHA Region or Area Office. OSHA 
understands that mobile construction operations do not adhere to 
Federal agency boundaries. However, the Regions and Area Offices are 
best able to establish close working relationships with mobile 
workforce participants, and it is through these relationships that OSHA 
is able to provide the cooperative dialogue and support that is 
expected within VPP.
    There may be companies whose very scattered work projects pose a 
barrier to their mobile workforce participation. Site-based 
participation may be appropriate for some of these companies. OSHA's 
experience indicates that the vast majority of construction employers, 
especially small employers whose operations tend to be more restricted 
geographically, will be able to identify and participate within what 
these revisions now identify as a Designated Geographic Area (DGA) 
(VI.C.1.c.). Multiple DGAs have been utilized successfully by several 
participants in the 2006 Demonstration to expand their participation to 
more than one OSHA Area Office or Region.
3. Onsite Evaluations
    Most comments dealing with the onsite evaluation process for 
construction applicants/participants focused on:
     The number of different worksites/projects OSHA would 
evaluate during the approval process, and
     The frequency of reapproval visits.
    The proposed tiered approach (2-25 sites = 2 visits; 26-99 sites = 
3 visits; 100+ sites = 4 visits) elicited both positive and negative 
responses. Some commenters recommended more visits, some less, and some 
recommended OSHA visit a percentage of sites. After considerable 
discussion within the Agency, which included reference to OSHA's 
unsuccessful attempt to implement a similar tiered approach within the 
OSHA Strategic Partnership Program, OSHA decided to eliminate the 
tiered approach. In many instances, it would obligate OSHA to perform 
more inspection visits than a non-VPP participant typically would 
receive, an impractical consequence that OSHA Partnership personnel 
first reported.
    In the 2006 Demonstration, OSHA tested a new approach that set a

[[Page 930]]

minimum of one visit and gave Regional Administrators the 
responsibility and flexibility to decide, based on the complexity and 
scope of an applicant's operations, whether and how many additional 
sites should be visited.
    Four commenters questioned OSHA's proposal to reevaluate 
construction participants on a 2-year cycle. They argued that the 
frequency of reevaluation should be consistent with the existing VPP 
reevaluation schedule, which calls for Star reevaluations every 3 to 5 
years. In the subsequent 2006 Demonstration, OSHA adhered to the 
Demonstration Program requirement for reevaluation every 12 to 18 
months. OSHA personnel administering the Demonstration found that a 12- 
to 18-month frequency is unnecessary and burdensome. However, OSHA does 
not believe that the site-based 3- to 5-year interval is appropriate, 
given the dynamic, frequently changing sites/projects and conditions of 
construction employers. OSHA has decided to reevaluate mobile workforce 
Star participants within 18 to 24 months of initial approval, and 
subsequently at no greater than 36-month intervals. While OSHA 
recognizes the value of consistency across the programs, and has built 
consistency into most areas of this revised VPP, the Agency believes 
this differing reevaluation schedule is most likely to ensure worker 
protection without overburdening the Agency and mobile workforce 
participants.
4. Union Support for Participation
    The mobile workforce way to participate contains a requirement for 
documented union support that differs from the traditional, site-based 
requirement. This change is grounded in OSHA's experience with VPP 
construction applicants/participants.
    When multiple unions represent employees at an applicant/
participant site or within a DGA, OSHA's willingness to consider less 
than 100 percent union support first appeared in the proposal for a VPP 
for Construction, 69 FR 53300, August 31, 2004. OSHA sought public 
input on the complex question of how to assure union support when, ``At 
a typical construction project, multiple unions may represent workers, 
and different unions may represent workers at different phases of the 
project. Some unions may represent many workers, others only a few. 
Should OSHA require written support from some or all? What means should 
OSHA accept as demonstrations of support? Should the requirement be 
different for site-based applicants and [multi-site, mobile workforce] 
applicants? How should OSHA respond if one of multiple authorized 
representatives * * * subsequently withdraws support?''
    OSHA received comments on this issue from nine respondents, 
including two associations that represent VPP participants and employer 
associations with both unionized and non-union member companies. At one 
end of the spectrum was the recommendation to drop the requirement for 
union support if the workforce is not fully unionized. At the other end 
of the spectrum was the recommendation to continue the current site-
based requirement of 100 percent union support and thereby maintain 
consistency throughout the VPP. Other commenters suggested various 
degrees and methodologies of union support, depending on employer and 
worksite circumstances.
    After considering these comments and further internal Agency 
discussion, OSHA, in its 2006 Mobile Workforce Demonstration for 
Construction, introduced a compromise provision: When a majority of 
employees are represented by unions, OSHA requires (in the 
Demonstration) signed statements of support from enough unions to 
represent a majority of all employees. This new approach continued to 
recognize the importance of union support for VPP while, at the same 
time, it recognized that obtaining 100 percent union support may not be 
feasible at construction worksites. The notion of fairness also entered 
into the decision to test an alternative requirement for union support. 
Many VPP supporters, within the Agency, at approved VPP sites, and 
elsewhere, have voiced concern over the years about the possibility of 
a small minority preventing the VPP participation desired by the 
majority.
    OSHA's experience with the alternate union support requirement it 
has been testing in the 2006 Mobile Workforce Demonstration for 
Construction has been positive. There has been no problem implementing 
the new requirement. For some Demonstration participants, union support 
for participation within the participant's DGA has been obtained from 
the local building trades council. For other participants, union 
support has been obtained at the worksite level. OSHA has received no 
objections to this policy from affected unions or any other parties and 
now is applying it to the mobile workforce way to participate. The 
existing union support requirement will continue for site-based 
applicants/participants.
5. Extending Mobile Workforce Participation to All Industries
    Over the years OSHA has been approached by various general industry 
employers who do not perform all of their work tasks at an individual 
fixed location. These include, but are not limited to, utilities, 
couriers, and maintenance contractors. The experiences of these 
employers have demonstrated to OSHA that it is possible for a general 
industry employer to maintain a VPP-quality safety and health 
management system for employees who complete some of their work tasks 
away from a fixed worksite. The positive experience of these 
participants, coupled with the experience of the 2006 Mobile Workforce 
Demonstration for Construction, demonstrates that both construction and 
general industry employers can successfully implement a safety and 
health management system that encompasses mobile employees. Therefore, 
the new VPP option of mobile workforce participation will be available 
to any eligible employer whose workers move from one work location to 
another and who meets VPP's rigorous requirements.

B. Corporate Participation

    The continuing growth of VPP is a sign that businesses throughout 
the U.S. are recognizing the value of implementing effective safety and 
health management systems. As more companies come into VPP, ever 
greater numbers of participating employers and employees benefit from 
reduced injuries and illnesses and fewer workplace fatalities. VPP's 
success, however, means that more and more applications must be 
reviewed and onsite evaluations conducted. This has challenged OSHA 
resources and encouraged the Agency to seek ways to administer the 
program more efficiently.
    Large employers who have committed to bringing multiple facilities 
into VPP have also experienced resource challenges as they prepare 
multiple individual applications that contain repetitive information 
and then undergo multiple onsite evaluations. Seeking new ways to ease 
the resource burden on these employers and also on OSHA, the Agency 
established the VPP Corporate Pilot in 2004.
    Prior to 2004, several VPP stakeholders had independently discussed 
the burden of gathering and providing safety and health management 
system information that was universal to all of their sites and needed 
to be provided to OSHA each time a site applied for VPP. OSHA also

[[Page 931]]

recognized this burden--the Agency repeatedly had to review similar or 
identical systems documentation when it reviewed applications from 
multiple facilities of a single large organization.
    The 2004 VPP Corporate Pilot provided a means to eliminate the 
paperwork redundancies for both multi-facility applicants and OSHA 
reviewers. Carefully selected participants underwent in-depth reviews 
of their organization-wide safety and health management systems. An 
important element of the review was verification of the participant's 
active management commitment, not just to safety and health excellence, 
but specifically to VPP. Pilot applicants also were required to provide 
evidence of pre-screening and oversight of all facilities within their 
organization, to ensure that the safety and health management system 
was being implemented effectively.
    Following the corporate-level evaluation of a pilot participant's 
safety and health management system, OSHA sent VPP teams to each 
applicant facility. The teams were able to focus on how managers and 
employees implemented the safety and health system. These site reviews, 
which typically were shorter in duration than normal VPP onsite 
evaluations, consisted of employee and management interviews, a site 
walkthrough, and a review of site-specific performance and systems 
documentation.
    OSHA learned that by eliminating the repetitious review of safety 
and health management system documentation and focusing on system 
implementation, it could reduce the Agency resource expenditure for 
application and onsite review by 40 percent without affecting the 
quality of that review. Similarly, pilot participants reported resource 
savings of up to 50 percent in application preparation and time devoted 
to OSHA's onsite visits.
    The pre-screening required of pilot participants involved 
corporate-level safety and health personnel performing audit activities 
at each applicant facility to ensure that the facilities were ready for 
VPP. Corporate personnel also reviewed their facilities' VPP 
applications for completeness and accuracy. These efforts produced 
impressive results: 94 percent of the 162 facilities undergoing onsite 
evaluations in the Corporate Pilot achieved Star approval, well above 
the 80 percent benchmark established for the pilot.
    The pilot produced other, non-quantifiable results. Participants 
reported an increased consistency in implementation of their safety and 
health management system throughout their organization. OSHA also 
believes it has achieved a greater level of consistency across Regions 
in the procedures it uses to evaluate VPP applicants.
    OSHA is also incorporating the concept of a Designated Geographic 
Area (DGA) into the corporate way to participate. Both the VPP 
Corporate Pilot and the Mobile Workforce Demonstration for Construction 
have relied on a two-step evaluation process in which the first step is 
an organizational safety and health management system review. This 
review is designed to determine if the applicant has a VPP-quality 
safety and health management system in place and the management 
commitment required to effectively implement the system at the worksite 
level. OSHA demonstrated that such a review is effective, whether the 
applicant's facilities are coming into VPP individually (site-based 
applicants) or as part of a DGA (mobile workforce applicants).
    Incorporating the DGA concept into the corporate way to participate 
provides employers with additional flexibility with regard to the 
implementation and evaluation of their safety and health management 
system. OSHA recognizes that there are significant differences among 
the large employers willing to make the necessary commitment for 
corporate participation. These organizations may find it appropriate to 
seek participation at the individual site level, at multiple sites 
within a DGA, or both. Upon completing the corporate safety and health 
management system review, a participant can then choose either or both 
of the two participation options tested. That is, a participant can 
submit a streamlined application and undergo a streamlined onsite 
evaluation for an individual location, or a participant can seek 
participation by having OSHA visit a sampling of worksites within a 
DGA. In either case, the applicant site/DGA will be subject to the 
policies and requirements outlined in VI.B (site-based) or VI.C 
(mobile).
    The successful experience of OSHA's VPP Corporate Pilot leads the 
Agency now to establish the new category of corporate participation. 
This corporate option is available for multiple-facility employers who 
have made a significant, organization-wide commitment to VPP and who 
have fixed locations, mobile workforces, or both.

C. Reorganizing the VPP Criteria

    VPP policy and participant requirements historically focused on the 
three programs, Star, Merit, and Demonstration. For each of these 
programs there was only one way to participate, individual site-based 
participation. All safety and health management system requirements and 
injury and illness performance requirements were embedded within the 
Star Program. Merit and Demonstration Program provisions specified how 
system and performance requirements differed from Star.
    The backbone of VPP remains its safety and health management 
system, and OSHA desires to emphasize this system's applicability and 
feasibility for all types of industries, workplaces, and program 
participants. Therefore, OSHA has created a specific section devoted to 
the VPP safety and health management system. Other than minor 
variations to accommodate the different ways to participate, the VPP 
safety and health management system elements and sub-elements remain 
consistent with past notices.
    The addition of new ways to participate has prompted OSHA to 
restructure VPP to clarify participation options and procedures. Each 
way to participate is spelled out individually, with its unique 
features, requirements, and evaluation processes. This has resulted in 
what may appear to be unnecessary repetition within the Ways to 
Participate Sections VI.B., C., and D. However, OSHA believes that this 
format actually facilitates clarity. An interested employer can go to 
one place within the notice to review relevant information and 
requirements. OSHA hopes that its reorganization of VPP criteria, now 
Sections III through VIII, will help employers and employees identify 
the most appropriate way to participate and all related requirements of 
the selected participation option.

D. Demonstration Program Modification

    OSHA no longer will require that all Demonstration Program 
participants maintain Star-level safety and health management systems 
and injury and illness performance levels. Participants will be 
required to adhere to the provisions of their particular demonstration. 
In no circumstance will a demonstration allow approval below the 
minimum Merit level requirements.
    The basic intent of the Demonstration Program always has been to 
enable OSHA to test alternate requirements and procedures. The 
requirement for Star-level performance unnecessarily limits the 
flexibility OSHA needs. OSHA believes its frequent onsite visits to 
Demonstration participant sites and continuing review of participant 
self-evaluations, coupled with the new minimum performance 
requirements, provide sufficient oversight and needed flexibility. Any 
Demonstration

[[Page 932]]

participants initially approved at the Merit level will be subject to 
VPP requirement for continuous improvement and the Merit requirement to 
achieve Star-level systems and performance.

E. Star Rate Reduction Plan and 1-Year Conditional Status

    Over the years, OSHA has had difficulty implementing in a fair and 
consistent manner the program's provisions that apply when a Star 
participant's rates climb above required levels. Under current 
procedures, if a participant's 3-year injury and illness rates slip 
during the period between regularly scheduled OSHA reapproval visits, 
OSHA must place the participant on a 2-year rate reduction plan. If 
rates slip in a year when an OSHA team visits, OSHA must place the 
participant on 1-year conditional status, and may also require a 2-year 
rate reduction plan.
    A problem arises when a participant fits the latter scenario but 
has no identifiable safety and health management system deficiency. 
Conditional status is inappropriate and, in fact, cannot be lifted 
within the required 1-year timeframe because the participant may need 
the allowed 2 years to return to Star-level rates.
    Therefore, the change in these provisions is to correct an 
unintended consequence of current rules. OSHA now may require a 2-year 
rate reduction plan whenever a Star participant's rates exceed required 
minimum levels. OSHA now may impose 1-year conditional status when an 
OSHA onsite team identifies a deficiency in a Star participant's safety 
and health management system.

F. Federal Agency Construction Activities

    When OSHA opened VPP participation to Federal agencies, the Agency 
did not anticipate that some applicant facilities might be engaged 
primarily in construction activities. This revision makes clear that 
all applicants primarily engaged in construction activities must follow 
OSHA's construction regulations and VPP's additional construction 
requirements. This includes the requirement to include in a 
participant's injury and illness rates the experience of all employees, 
including contractors.

G. Expectation of Continuous Improvement

    The principle of continuous improvement is integral to the VPP 
experience. Participants' required annual self-evaluations are intended 
to measure success, identify ``what improvements can be made to make 
[the safety and health management system] even more effective'' 
(Appendix C, VPP Policies and Procedures Manual, OSHA Directive CSP 03-
01-003), and determine goal modifications and needed and desirable 
changes. OSHA evaluation teams, during their periodic visits, verify 
this improvement and offer suggestions that will help participants 
create ever more effective employee protections.
    Whenever OSHA officials describe VPP to interested parties, they 
stress that participants are expected to continuously improve. This 
principle, which is explicit in the VPP Policies and Procedures Manual, 
is now made explicit in this Federal Register notice in III.E. 
Additional Expectations.

H. Expectation of Outreach and Mentoring Activity

    VPP has a long history of participants voluntarily reaching out to 
help other businesses, their industries and communities, and OSHA. 
Through mentoring, technical assistance, participation in training, 
presentations at conferences and other events, community service, and 
involvement in the VPP Special Government Employee Program, VPP 
participants have helped OSHA spread the message of effective safety 
and health management.
    OSHA recognizes VPP participants as the best safety and health 
performers in the nation, the role models for others wishing to improve 
safety and health for their employees. It is through outreach and 
mentoring that VPP participants fulfill their responsibilities as role 
models and cooperative partners with OSHA.
    The Gallup Organization, in its 2005 study commissioned by the 
Department of Labor, ``Evaluation of the Voluntary Protection 
Program,'' included measuring the overall impact of VPP participants' 
outreach and mentoring programs. The study found impressive benefits 
and accomplishments in this area. For example, Gallup conservatively 
estimated that VPP participants in 2004 had 2,365 people performing 
mentoring activities that touched more than 529,000 employees beyond 
VPP facilities. Gallup reported that, at the request of organizations 
other than OSHA, VPP participants conducted outreach activities at a 
cost of 30,000 hours in 2004. Responding to OSHA requests, participants 
conducted an additional 41,400 hours of activity that year.
    Because of the need for such activity and participants' well-
established track record, OSHA now believes that outreach and mentoring 
should be stated principles of VPP. Therefore, they are made explicit 
in this Federal Register notice in III.E. Additional Expectations.

III. The Voluntary Protection Programs

A. Purpose of the Voluntary Protection Programs

    OSHA has long recognized that a multifaceted approach is the best 
way to accomplish all the goals of the OSH Act. Employer compliance 
with occupational safety and health standards, OSHA regulations, 29 CFR 
part 1960 for Federal agencies, and the general duty clause--all the 
requirements of the OSH Act--is essential. Regulations and enforcement 
alone, however, cannot replace the understanding of work processes, 
materials, and hazards that comes with employers' and employees' daily 
on-the-job experience and commitment to workplace safety and health. 
This knowledge, combined with an ability to evaluate and address 
hazards rapidly, enables employers and employees to take responsibility 
for their own safety and health in ways not available to OSHA.
    OSHA's substantial experience with safety and health management 
systems has shown the value of a comprehensive, systematic approach to 
worker protection. The principles of safety and health management can 
effectively prevent hazards and protect workers, whether implemented 
for fixed worksites or mobile workforces. It is OSHA's policy, 
therefore, to promote safety and health management systems tailored to 
the needs of particular worksites and situations.
    The purpose of the Voluntary Protection Programs (VPP) is to 
emphasize the importance of, encourage the improvement of, and 
recognize excellence in comprehensive employer-provided, employee-
participative occupational safety and health management systems in 
meeting the goal of the OSH Act ``to assure so far as possible every 
working man and woman in the Nation safe and healthful working 
conditions and to preserve our human resources * * *.'' This emphasis 
is demonstrated through assistance to employers in their efforts to 
reach the VPP level of systems and performance excellence; through 
cooperation among government, labor, and management to resolve safety 
and health problems; and through official recognition of employers and 
employees who together have developed and implemented excellent safety 
and health management systems. These systems provide the structures and 
strategies for preventing or controlling occupational hazards.

[[Page 933]]

    VPP participants are expected to effectively protect workers from 
the hazards of the workplace. They do this by meeting VPP's rigorous, 
time-testedcriteria for approval, continued participation, and 
continuous improvement. Employers who develop and implement VPP-quality 
systems not only are working to remain compliant with OSHA's rules, but 
also are striving to excel. They use flexible and creative strategies 
that go beyond OSHA's basic workplace requirements in a quest to 
provide the best feasible protection for their workers.
    VPP participants serve as models for effective employee protection 
in their industries. Impressive reductions in injuries and illnesses--
participants' rates are well below industry averages--are the most 
obvious evidence of VPP's success. Other performance measures, plus 
anecdotal evidence and participant testimonials, reveal significant 
cost savings, including workers' compensation cost reductions; reduced 
employee turnover; improvements in the quality of participants' 
products and services; and other benefits. Participants speak often of 
the ``cultural transformation'' that can occur during the process of 
preparing for application to VPP. These experiences are helping to 
convince skeptics that productivity, quality, profitability, and safety 
and health are complementary goals.
    VPP participants enter into a new relationship with OSHA. In this 
innovative public/private partnership, cooperation and trust nourish 
improvements in safety and health, not just at VPP sites, but also 
beyond the worksite boundaries. VPP companies are afforded the 
opportunity to provide the Agency with input on safety and health 
matters. At the same time, the recognition and status gained by their 
participation in VPP, and their commitment to improving their 
industries and communities, enable them to accomplish a broad range of 
safety and health objectives. VPP participants mentor other worksites 
interested in improving their safety and health management systems; 
conduct safety and health training and outreach seminars; and hold 
safety and health conferences that focus on leading-edge safety and 
health issues. VPP participants also participate with OSHA on VPP 
onsite reviews through the innovative VPP Special Government Employee 
(SGE) Program. The SGE Program offers private and public sector safety 
and health professionals and other qualified participants the 
opportunity to exchange ideas, gain new perspectives, and grow 
professionally while serving as full-fledged team members on OSHA's VPP 
onsite evaluations.
    One way OSHA recognizes VPP participants' safety and health 
excellence is by removing them from programmed inspection lists for the 
duration of their participation, unless they choose to remain on the 
lists. This helps OSHA to focus its enforcement inspections on 
establishments that are less likely to meet the requirements of the OSH 
Act. However, OSHA continues to investigate valid employee safety and 
health complaints, fatalities and catastrophes, and other significant 
events at VPP sites according to established Agency procedures.
    Participation in any of the programs does not diminish existing 
employer and employee responsibilities and rights under the OSH Act 
and, for Federal agencies, under 29 CFR part 1960. In particular, OSHA 
does not intend to increase the liability of any party at an approved 
VPP site. Employees or any representatives of employees taking part in 
an OSHA-approved VPP safety and health program do not assume the 
employer's statutory or common law responsibilities for providing safe 
and healthful workplaces; nor are employees or their representatives 
expected to guarantee a safe and healthful work environment.
    The programs included in the VPP are voluntary in the sense that no 
employer is required to participate. Compliance with OSHA's 
requirements and applicable laws remains mandatory. Initial achievement 
and then continuing maintenance of the VPP requirements are conditions 
of participation.
    The Assistant Secretary for Occupational Safety and Health 
determines approval for initial participation in the VPP, advancement 
to the Star Program, all participation in Demonstration Programs, and 
termination from the VPP. The OSHA Regional Administrator who has 
jurisdiction over a participant determines approval for continuation in 
the Star (including 1-year Conditional Star participation) and Merit 
Programs.

B. Purpose of This Notice

    This notice describes the Voluntary Protection Programs, VPP's 
constituent programs, the VPP Safety and Health Management System; how 
to apply; ways to participate and criteria for approval; participation 
decisions; and post-approval interactions.

C. Programs Within VPP

    VPP consists of three programs: Star, Merit, and Demonstration.
     The Star Program recognizes employers and employees who 
demonstrate exemplary achievement in the prevention and control of 
occupational hazards through the development, implementation, and 
continuous improvement of their safety and health management systems.
     The Merit Program recognizes employers and employees who 
have developed and implemented good safety and health management 
systems but who must take additional steps to reach Star quality.
     The Demonstration Program recognizes employers and 
employees who operate effective safety and health management systems 
that differ from current VPP requirements. This program enables OSHA to 
test the efficacy of different approaches.
1. The Star Program
a. Purpose
    The Star Program recognizes leaders in occupational safety and 
health who are successfully protecting workers from death, injury, and 
illness by implementing comprehensive and effective safety and health 
management systems. Star participants willingly share their experience 
and expertise, and they encourage others to work toward comparable 
success.
b. Experience Operating the Safety and Health Management System
    All elements of a successful safety and health management system, 
as delineated in Section IV. below, must be operating for a period of 
not less than 12 months before Star approval.
c. Injury and Illness Performance Requirements
    In order to qualify for the Star Program, applicants/participants 
must meet and maintain certain injury and illness rate requirements. 
For further specifics on these requirements, see the Injury and Illness 
Performance sections at VI.B., C., and D.
2. The Merit Program
a. Purpose
    The Merit Program recognizes employers and employees in any 
industry who have implemented a safety and health management system 
that in one or more elements does not yet meet the level of development 
or performance required for the Star Program. If OSHA determines that 
an applicant has demonstrated the commitment and possesses the 
resources to achieve Star requirements within 3 years, then OSHA may 
approve Merit Program participation. As a condition of Merit 
participation, the applicant agrees to specified goals that,

[[Page 934]]

when achieved, will raise performance to the Star level.
b. Experience Operating the Safety and Health Management System
    To qualify for the Merit Program, an eligible applicant must have a 
written safety and health management system.
    (1) The basic elements (management leadership and employee 
involvement, worksite analysis, hazard prevention and control, and 
safety and health training) must all be operational or, at a minimum, 
in place and ready for implementation by the date of approval.
    (2) The eligible applicant may not have met each of the specific 
Star-level requirements comprising each basic element. Participation in 
Merit is an opportunity for employers and their employees to work with 
OSHA to more fully develop their safety and health management system 
and improve its performance. The participant's safety and health 
management system must be at Star quality within 3 years. For Star 
quality system requirements, see IV. below.
c. Goals
    In consultation with the applicant, OSHA will set goals intended to 
bring the safety and health management system and its performance up to 
Star level.
3. Demonstration Programs
a. Purpose
    (1) Demonstration Programs provide the opportunity for 
organizations and/or worksites to demonstrate the effectiveness of 
alternative methods of achieving safety and health management system 
excellence that could modify current VPP requirements. OSHA may approve 
a Demonstration Program for such purposes as:
    (a) Exploring the application of VPP in industries where OSHA lacks 
substantial experience;
    (b) Testing alternative application and approval protocols that may 
expand VPP eligibility or serve other program objectives;
    (c) Demonstrating the feasibility of joint Federal agency oversight 
of VPP applicants/participants, including joint evaluations, in the 
area of workplace safety and health.
    (2) A Demonstration Program also may be used to test the potential 
for a new program within VPP or another cooperative initiative.
b. Program Development and Approval
    (1). OSHA will develop the basic parameters of a Demonstration 
Program at the National Office or Regional level and will include a 
clear outline of specific requirements.
    (2) The decision to implement a Demonstration Program must be 
approved by the Assistant Secretary before any applicants are 
considered for participation.
c. Requirements for Demonstration Programs
    (1) Safety and Health Management System Requirements. Demonstration 
Program applicants must have a safety and health management system 
that, at a minimum, addresses the basic VPP elements (management 
leadership and employee involvement, worksite analysis, hazard 
prevention and control, and safety and health training), plus 29 CFR 
part 1960 requirements for Federal agencies and 29 CFR 1926.20 
requirements for construction applicants. How the applicant implements 
these elements may be the subject of demonstration.
    (2) Applicants must demonstrate to the Assistant Secretary's 
satisfaction that the alternative approach shows reasonable promise of 
being successful and of leading to changes in VPP requirements.
    (3) Injury/Illness Performance Requirements. A Demonstration 
Program's injury/illness rate requirements will depend on the specific 
provisions of the Demonstration.
d. Preapproval Onsite Evaluation
    (1) Purpose. The preapproval onsite review, which OSHA conducts in 
a non-enforcement capacity, is a review of the applicant's safety and 
health management system and the effectiveness of the alternate 
criteria being demonstrated. It is conducted to:
    (a) Verify the information supplied in the application concerning 
qualification for VPP;
    (b) Identify the strengths and weaknesses of the applicant's safety 
and health management system and evaluate its adequacy to address 
hazards and to ensure compliance with all OSHA requirements;
    (c) Determine how effectively the applicant has implemented its 
safety and health management system;
    (d) Identify any deficiencies in the applicant's safety and health 
management system that must be satisfactorily addressed before OSHA 
will approve the applicant; and
    (e) Obtain information to assist the Assistant Secretary in making 
the VPP approval decision.
    (2) Duration and Scope. The duration and scope of the preapproval 
onsite evaluation will depend on the specific provisions of the 
demonstration. OSHA expects that the onsite evaluation normally will 
include document review, walkthrough, and management and employee 
interviews. For more information on what OSHA looks for during onsite 
evaluations, see the Preapproval Onsite Review sections at VI.B., C., 
and D.
e. Term of Participation
    Applicants may be approved to a Demonstration Program for the 
period of time specified in the particular program. The term normally 
will not exceed 5 years.
f. Periodic Reevaluation
    (1) Purpose. Onsite reevaluation of Demonstration Program 
participants is intended to:
    (a) Determine continued qualification for the Demonstration 
Program;
    (b) Document results of Demonstration Program participation in 
terms of the evaluation criteria and other noteworthy aspects of the 
participant's safety and health management system;
    (c) Ensure that the demonstration aspects of the program continue 
to be effective and protect employees; and
    (d) Identify any problems that have the potential to adversely 
affect continued Demonstration Program qualification and determine 
appropriate follow-up actions.
    (2) Frequency. OSHA will reevaluate Demonstration Program 
participants every 12 to 18 months.
    (3) Duration and Scope. See III.C.3.d.(2) above.
g. Approval and Transition of Demonstration Program Participants to 
Another VPP Program
    (1) Approval to another VPP program is contingent upon:
    (a) Successful demonstration of the alternatives tested within the 
Demonstration Program;
    (b) A decision by the Assistant Secretary that changing VPP 
requirements to allow inclusion of these alternative provisions is 
desirable and will result in a continuing high level of worker 
protection. Once the Assistant Secretary decides to change VPP 
requirements, the changes will be effective on the date announced to 
the public.
    (c) OSHA's satisfaction that the participant meets all requirements 
of the VPP program to which it is transitioning.
    (2) When the VPP changes become effective, a Demonstration 
participant may be approved to another program within VPP without 
submitting a new

[[Page 935]]

application or undergoing further onsite review, provided that the 
approval occurs no later than 18 months following the last OSHA onsite 
evaluation under the Demonstration Program. If more than 18 months have 
elapsed, OSHA must conduct an onsite evaluation prior to recommending 
the participant's approval to another program.
h. Demonstration Termination
    (1) OSHA will terminate a Demonstration Program for the following 
reasons:
    (a) The Demonstration is likely to endanger participating workers;
    (b) It is unlikely that the Demonstration will result in 
participants' approval to another VPP program, creation of a new 
program, or other VPP changes; or
    (c) The Demonstration period has expired.
    (2) When a Demonstration Program ends, any participants not 
approved to another program within VPP will be terminated.

D. Guiding Principles

    The following essential principles underlie all VPP participation. 
An applicant/participant's failure to adhere to these principles is 
grounds for disapproval or termination.
1. Safety and Health Management System Excellence
    VPP applicants and participants must demonstrate, in the 
development and ongoing implementation of their safety and health 
management systems, a level of excellence commensurate with the 
rigorous standards and performance requirements embodied within VPP. 
VPP-quality safety and health management systems effectively identify, 
analyze, and prevent/control hazards, thereby ensuring the protection 
of employees and the prevention of workplace injuries and illnesses.
2. Cooperative Relationship
    Based on the intent and history of VPP, OSHA expects participants 
to work cooperatively and proactively with the Agency, both in the 
resolution of safety and health problems and in the promotion of 
effective safety and health management systems. This cooperation is 
founded in an essential trust among labor, management, and OSHA. 
Applicants often report that the experience of developing and 
implementing a VPP-quality safety and health management system, with 
its emphasis on active management leadership and meaningful employee 
involvement, is a powerful catalyst for strengthening cooperation and 
trust. OSHA facilitates cooperation by designating a contact person, 
usually the Regional VPP Manager, who coordinates each approved 
participant's contact with the Agency.
3. Employee Support for VPP Participation
    a. Any application received by OSHA must reflect the support of 
applicant's employees.
    b. When an applicant's employees are unionized,
    (1) The applicant may be required to provide evidence of support 
from applicable collective bargaining representatives. For specific 
requirements concerning union support for VPP participation, see the 
Eligibility sections at VI.B., C., and D.
    (2) Unions retain the right to withdraw support at any time. In 
such event, OSHA will reevaluate the participant's continuing 
qualification. If a union's withdrawal of support results in a 
participant no longer meeting the VPP eligibility requirements of 
VI.B., C., or D., OSHA will ask the participant to withdraw or will 
terminate the participant from VPP.
4. Compliance with the OSH Act
    All VPP applicants and participants will comply with the OSH Act, 
OSHA requirements, and in the case of Federal agencies, 29 CFR part 
1960. Any deficiencies related to compliance that are uncovered through 
OSHA onsite reviews, self-inspections, employee reports, accident 
investigations, process hazard reviews, annual self-evaluations, or any 
other means must be corrected promptly. OSHA expects applicants/
participants to provide effective interim protection as necessary to 
keep employees safe while corrections are being made.
5. OSHA History
    If an applicant has been inspected by OSHA within the 36-month 
period preceding application, the inspection, abatement, and/or any 
other history of interaction with OSHA must indicate good faith 
attempts to improve safety and health. Which aspects of an applicant's 
history OSHA will examine depends on how the applicant proposes to 
participate, that is, site-based, mobile workforce, or corporate 
participation. For further specifics, see the Eligibility sections at 
VI.B., C., and D.
6. Assurances
    Applications to VPP must be accompanied by certain assurances 
describing what the applicant agrees to do if OSHA approves the 
application. Some of these assurances apply across the entire VPP. 
Others differ slightly, depending on how the applicant proposes to 
participate, that is, site-based, mobile workforce, or corporate 
participation. See the Assurances sections at VI.B., C., and D.

E. Additional Expectations

    The following provisions reflect longstanding aspects of VPP 
participation that further define OSHA's expectations for VPP 
participants:
1. Continuous Improvement
    VPP participants must demonstrate continuous improvement in the 
operation and impact of their safety and health management systems. 
Annual VPP self-evaluations help participants measure success, identify 
areas needing improvement, determine needed changes, and track the 
implementation of these changes. OSHA onsite evaluation teams verify 
this improvement.
2. Outreach
    OSHA expects its VPP participants to serve as models of safety and 
health excellence in their industries and their communities. This can 
be accomplished in a variety of ways, including
    a. Mentoring other worksites interested in improving safety and 
health;
    b. Participating and giving presentations at safety and health 
conferences; training initiatives; meetings of labor, industry and 
government groups; and other outreach opportunities;
    c. Serving as Special Government Employees on VPP onsite evaluation 
teams; and
    d. Sharing best practices and success stories.

F. Recognition

    When OSHA approves an applicant for participation in the VPP, the 
Agency recognizes that the applicant is providing, at a minimum, the 
basic elements of ongoing, systematic protection of workers in 
accordance with rigorous VPP criteria. This protection makes general 
schedule inspections unnecessary. Therefore, the employer's approved 
site(s) are removed from OSHA's programmed inspection lists (unless the 
participant chooses not to be removed). OSHA also publicizes VPP 
participants' successes in a variety of ways, including stories on the 
Agency's Web site, https://www.osha.gov; press releases and other Agency 
media; and recognition during Agency officials' speeches and 
presentations.

[[Page 936]]

    The VPP symbols of recognition are plaques of approval and program 
flags. The participant also may choose to use the VPP logo on such 
items as letterhead, shirts, and mugs.

IV. The VPP Safety and Health Management System

    This section sets forth the elements and sub-elements of the 
comprehensive workplace safety and health management system required of 
VPP participants.

A. Management Leadership and Employee Involvement

    Each applicant must be able to demonstrate top-level management 
leadership in its safety and health management system. Management 
systems for comprehensive planning must address protection of worker 
safety and health. Employees must be meaningfully involved in the 
safety and health management system.
1. Commitment to Safety and Health Protection
    Authority and responsibility for employee safety and health must be 
integrated with the overall management system of the organization and 
must involve employees. This commitment includes:
    a. Policy. Clearly established policies for worker safety and 
health protection that have been communicated to and understood by 
employees; and
    b. Goal and Objectives. Established and communicated goals for the 
safety and health management system and results-oriented objectives for 
meeting the goals, so that all members of the organization understand 
the results desired and the measures planned for achieving them, 
especially those factors that directly apply to them.
2. Commitment to VPP Participation
    Management must clearly demonstrate commitment to meeting and 
maintaining the requirements of the VPP.
3. Planning
    Planning for safety and health must be a part of the overall 
management planning process. In construction, this includes pre-job 
planning and preparation for different phases of construction as the 
project progresses.
4. Written Safety and Health Program
    All critical elements of a basic safety and health management 
system must be part of the written program. These critical elements are 
management leadership and employee involvement, worksite analysis, 
hazard prevention and control, and safety and health training. Federal 
agencies' written programs must also meet the requirements of 29 CFR 
part 1960, and construction companies' written programs must also meet 
the requirements of 29 CFR 1926.20. All aspects of the safety and 
health management system must be appropriate to the size of the 
worksite(s) and the type of industry. For small businesses, OSHA may 
waive some formal requirements, such as certain written procedures or 
documentation, where the effectiveness of the systems has been 
evaluated and verified. OSHA will decide waivers on a case-by-case 
basis.
5. Management Leadership
    Managers must provide visible leadership in implementing the safety 
and health management system. This must include:
    a. Establishing clear lines of communication with employees;
    b. Setting an example of safe and healthful behavior;
    c. Creating an environment that allows for reasonable employee 
access to top site management;
    d. Ensuring that all workers at the site, including contract 
workers, are provided equally high quality safety and health 
protection;
    e. Clearly defining responsibility in writing, with no unassigned 
areas. Each employee, at any level, must be able to describe his/her 
responsibility for safety and health;
    f. Assigning commensurate authority to those who have 
responsibility;
    g. Affording adequate resources to those who have responsibility 
and authority. This includes such resources as time, training, 
personnel, equipment, budget, and access to information and experts, 
including appropriate use of certified safety professionals (CSP), 
certified industrial hygienists (CIH), other licensed health care 
professionals, and other experts as needed, based on the risks at the 
site; and
    h. Holding managers, supervisors, and non-supervisory employees 
accountable for meeting their safety and health responsibilities. In 
addition to clearly defining and implementing authority and 
responsibility for safety and health protection, management leadership 
entails evaluating managers and supervisors annually, and operating a 
documented system for correcting deficient performance.
6. Employee Involvement
    The site culture must enable and encourage effective employee 
invol