OSHA has proposed to make significant changes to its On-site Consultation program.  This popular program, in OSHA’s own words, "provides well-trained professional safety and health personnel, at no cost and upon request of an employer, to conduct worksite visits to identify occupational hazards and provide advice on compliance with OSHA regulations and standards."  Consultation services are provided through cooperative agreements between the states and OSHA — with federal funding.  Countless small employers, in particular, have taken advantage of the program to proactively address safety and health hazards in their worksites.

One of the benefits of the On-site Consultation program is that employers who willingly participate in the program may be eligible for deferrals from OSHA programmed inspections, such as those conducted per OSHA’s Site Specific Targeting Program.  By doing so, OSHA is rewarding companies who are in good faith addressing safety and health hazards and implementing a safety and health management system.

In this proposed rule, OSHA is proposing to limit the period of time that employers may benefit from the programmed inspection deferral — to only one year.  The proposal also provides for a further exception from the programmed inspection exemption for "other critical inspections" the Assistant Secretary of OSHA determines are necessary.  The proposal does not clearly define what are meant by "critical inspections," but notes that the exception would be applied rarely.

Employers are encouraged to submit comments on this proposed rule, particularly those employers that may have benefited from the program.  In particular, OSHA is seeking comments on the extent to which these changes would affect the willingness of employers to participate in the On-site Consultation program.  Comments are due by November 2, 2010.

              

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Photo of Bradford T. Hammock Bradford T. Hammock

Brad Hammock is a Principal in the Washington, D.C. Region office of Jackson Lewis, practicing exclusively in the safety and health area. He heads Jackson Lewis’ Workplace Safety and Health practice group.

He joined the firm in 2008 after serving for ten years…

Brad Hammock is a Principal in the Washington, D.C. Region office of Jackson Lewis, practicing exclusively in the safety and health area. He heads Jackson Lewis’ Workplace Safety and Health practice group.

He joined the firm in 2008 after serving for ten years as an OSHA attorney within the Department of Labor including, most recently, for more than three years as lead counsel for safety standards. As lead counsel, Mr. Hammock managed attorneys who worked with OSHA on regulatory initiatives, compliance assistance, and enforcement policy. He had direct responsibility for more than 20 major OSHA regulatory initiatives, including rulemakings on personal protective equipment, confined spaces, and crane safety.

Before his promotion to lead counsel, Mr. Hammock worked as a regulatory attorney for OSHA, focusing on ergonomics. He was one of the lead attorneys during the development of the OSHA ergonomics standard in 2000 and had primary responsibility for the Department of Labor’s comprehensive approach to ergonomics in 2002. Mr. Hammock is widely regarded as one of the nation’s most experienced attorneys on ergonomics.

Education

  • University of Virginia/Bachelor of Arts in American Government/1992
  • Syracuse University College of Law/Juris Doctor, magna cum laude/1996

Bar Admissions

  • District of Columbia
  • Virginia