Reporting a Fatality/Catastrophe at a VPPIMWF Site to the National Office

Similar documents
Safety Best Practices Manual

When MIOSHA Enforcement Visits

PARTNERSHIP AGREEMENT Between The U.S. Small Business Administration And The U.S. Department of Defense

DIRECTIVE NUMBER: (CPL 02) EFFECTIVE DATE: January 4, 2013 SUBJECT: Site-Specific Targeting 2012 (SST-12) ABSTRACT

Purpose: This Notice applies in Alaska to inspections by federal OSHA at Native Health Care Facilities. Scope:

OSHA Primer ABA OSH Law Committee Midwinter Meeting

Introduction to OSHA

Outreach Training Program

DIRECTIVE NUMBER: CPL EFFECTIVE DATE: June 18, 2010 ABSTRACT

Chapter 15. Occupational Safety and Health. Statutory Basis 1/12/2009. Employment Law for Business, 6 th ed. Bennett-Alexander

Introduction to OSHA. 2-hour Lesson. Directorate of Training and Education OSHA Training Institute

New Jersey Administrative Code _Title 10. Human Services _Chapter 126. Manual of Requirements for Family Child Care Registration

Voluntary Protection (VPP) Orientation

AGENCY INSTRUCTION. DATE: May 30, 2017

AGENCY INSTRUCTION. DATE: February 13, 2018

Outreach Training Program

RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE

Section VII Provider Dispute/Appeal Procedures; Member Complaints, Grievances, and Fair Hearings

Final Rule for Veterans (VEVRAA)

Medicare Program; Announcement of the Reapproval of the Joint Commission as an

Outreach Training Program

SNOHOMISH HEALTH DISTRICT SANITARY CODE

DIA COMPLIANCE OVERVIEW FOR HOME HEALTH AGENCIES

ACC Environmental Legal Quick Hit Webinar

UTILIZATION REVIEW DECISIONS ISSUED PRIOR TO JULY 1, 2013 FOR INJURIES OCCURRING PRIOR TO JANUARY 1, 2013

(Nov. 16, 2013), v6

NAVAL SUBMARINE BASE KINGS BAY AWARDED VOLUNTARY PROTECTION PROGRAM STAR STATUS

Department of Defense INSTRUCTION

Montenay Energy Resources of Montgomery County, Inc Conshohocken Road Conshohocken, Pennsylvania 19428

REVISION: This revised Management Directive (MD) updates TSA MD , dated January 29, 2004.

AMERICAN LINE BUILDERS AREA JOINT APPRENTICESHIP AND TRAINING COMMITTEE GENERAL POLICY STATEMENT AND APPRENTICE RULES AND REGULATIONS FOR LINEMEN

PROPOSED REGULATION OF THE CHIROPRACTIC PHYSICIANS BOARD OF NEVADA. LCB File No. R July 19, 2017

STANDARDS & MANUALS. Accreditation Revised February 2015 Interim Changes Highlighted

ADMINISTRATIVE PRACTICE LETTER TABLE OF CONTENTS

Standard Operating Procedure (SOP) 1 for Chapter 105 Dam Safety Program Review of Chapter 105 New Dam Permit November 2, 2012

Safety & Health Program Management Guidelines. Heinz Wendorff Compliance Assistance Specialist Department of Labor OSHA Manhattan Area Office

Contract Compliance Program

Implications for Safety and Health in the Petrochemical Industry. u.s. Department of Labor Elizabeth Dole, Secretary

Fiscal Year (FY) 2016 Unemployment Insurance (UI) Reemployment Services and Eligibility Assessment (RESEA) Grants

SECTION 3 GUIDEBOOK: POLICIES AND PROCEDURES

GUIDANCE FOR PROVIDERS ON THE APPOINTMENT OF A REGISTERED MANAGER

Community Dispute Resolution Programs Grant Agreement

Medicare Program; Announcement of the Approval of the American Association for

VIRGINIA BOARD OF WORKFORCE DEVELOPMENT

EMPLOYEE MPN INFORMATION

Loyola University of Chicago Licensee Code of Conduct

London South Bank University Regulations

La Crosse Area Safety Council. La Crosse, Wisconsin October 24, 2016

NALC Guide to Safety and Health A Basic Reference for NALC Local Safety and Health Activists

Stanford Health Care Lucile Packard Children s Hospital Stanford

PROPOSED REGULATION OF THE PEACE OFFICERS STANDARDS AND TRAINING COMMISSION. LCB File No. R September 7, 2007

CODE ENFORCEMENT OFFICER I/II

When used in this directive, the following terms shall have the meanings designated:

GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures IC Authority: Effective Date: Page 1 of DONALD/OWENS/AMIDEO 10/15/07 9

INTEGRATED CASE MANAGEMENT ANNEX A

Medicaid RAC Audit Results

STENOGRAPHER REQUEST FOR QUALIFICATIONS (RFQ)

MDUFA Performance Goals and Procedures Process Improvements Pre-Submissions Submission Acceptance Criteria Interactive Review

1 of 13 DOCUMENTS. NEW JERSEY ADMINISTRATIVE CODE Copyright 2016 by the New Jersey Office of Administrative Law

may request a second opinion from the MCCMH Executive Director.

Sample Written Program For. Safety Committee

Carrying Out a State Regulatory Program

Health and Safety Policy Part 1 Policy and organisation

POLICY STATEMENT Commonwealth of Pennsylvania Department of Corrections

2017 CONTRACTOR AWARD INFORMATION PACKET AND APPLICATION

$35,750 $40,850 $45,950 $51,050 $55,150 $59,250 $63,350 $67,400

We Can Help OSHA Update. Peter Grakauskas

Ark. Admin. Code I Alternatively cited as AR ADC I. Vision Statement

Community Based Adult Services (CBAS) Manual

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS - DOCKET NUMBER: 97-h39

USE FOR REFERENCE ONLY Military Services Complaint Processing Procedures USE FOR REFERENCE ONLY

INJURY & ILLNESS PREVENTION PROGRAM REQUIREMENTS

REPORTING INSTRUCTIONS

105 CMR: DEPARTMENT OF PUBLIC HEALTH

Early Education and Care Voucher Services Agreement Summer Camps 2017

FWD Calibration Center Operator Certification Program

Northern Ireland Social Care Council Quality Assurance Framework for Education and Training Regulated by the Northern Ireland Social Care Council

Appendix 5A. Organization Registration and Certification Manual

CHAPTER 35. MEDICAL ASSISTANCE FOR ADULTS AND CHILDREN-ELIGIBILITY SUBCHAPTER 15. PERSONAL CARE SERVICES

CHAPTER 08 - LAND RECORDS MANAGEMENT DIVISION SECTION GENERAL

Identification and Protection of Unclassified Controlled Nuclear Information

CHAPTER FIFTEEN- NEGATIVE ACTIONS

- Cardiac Catherization - Cardiac Angioplasty - Cardiac Bypass - MUGA - CT Scan

NEXus - The Nursing Education Xchange Memorandum of Understanding Approved: October 17, 2007

UNIVERSITY PHYSICIANS OF BROOKLYN POLICY AND PROCEDURE

AFIA. Safe Feed/Safe Food Certification Program

INDIVIDUAL TRAINING ACCOUNT POLICY AND PROCEDURES

CDM Smith Inc. Date Issued: May 18, 2018 Consulting Engineers 260 West Exchange Street, Suite 300 Providence, Rhode Island 02903

An OSHA Inspection in the Laboratory

The AOFAS Research Grants Program Description, Policies, and Guidelines for Applicants and Institutional Representatives

2016 Tailored Collaboration Research Program Request for Preproposals in Water Reuse and Desalination

POLICY AND PROCEDURE. Resident and Subspecialty Resident Serious Illness, Major Disability, and Parental Leave

MINIMUM TRAINING AND CERTIFICATION POLICY

FISCAL YEAR FAMILY SELF-SUFFICIENCY PROGRAM GRANT AGREEMENT (Attachment to Form HUD-1044) ARTICLE I: BASIC GRANT INFORMATION AND REQUIREMENTS

Programmer. Request for Contracted Services

City of Omro Crossing Guard Policy and Procedures

Appendix. Supervisors will complete the MU Employee Injury and Illness Report form. reported via a Near Miss Form within twenty-fours hours.

DATE: November 18, SUBJECT: Delegation of Personal Care Services Responsibilities

INTERNAL AUDIT DIVISION REPORT 2017/118. Audit of demining activities in the United Nations Interim Force in Lebanon

Transcription:

Further Improvements to VPP - 5/29/13 May 29, 2013 MEMORANDUM FOR: FROM: SUBJECT: REGIONAL ADMINISTRATORS DIRECTORATES AND FREE STANDING OFFICES David Michaels, PhD, MPH VPP Policy Memorandum #7: Further Improvements to the Voluntary Protection Programs (VPP) This memorandum supplements the August 3, 2009 memorandum, "Improving the Administration of the Voluntary Protection Programs (VPP)," and subsequent VPP policy memoranda and clarifies Agency efforts to improve the administration of the VPP. This instruction provides policy and procedures for National Office notification of a fatality/catastrophe at a VPP site or a Mobile Workforce (MWF) site and details policy and procedures for a Region following a work-related fatality or a violation as a result of any OSHA enforcement action at a VPP/MWF site. The instruction defines a new "status" ofvpp/mwf participation during the OSHA inspection and enforcement action following a fatality/catastrophe at a VPP/MWF site. This instruction is effective immediately. Reporting a Fatality/Catastrophe at a VPPIMWF Site to the National Office Notification of a Fatality to National Office. Upon being informed of a fatality/catastrophe at a VPP/MWF site, including a contractor working at the site, the Region will notify the Office of the Assistant Secretary (OAS) and the Directorate of Cooperative and State Programs (DCSP) of the fatality and use the Significant Incident Report in the OSHA Instruction CSP- 03-0 1-03 VPP Policies and Procedures Manual Appendix B to provide, to the extent possible, the following information: a. Participant Name b. Current VPP status c. Number of years in VPP d. Last evaluation date

e. Last approval date f. Date of fatality/catastrophe g. Involved parties (employee, contractor, or both) h. Nature of fatality/catastrophe, if known i. OIS inspection number During the course of the inspection, the Region will keep DCSP advised of the facts and findings in the case. The Region will also coordinate with the Directorate of Enforcement Programs as appropriate. Status ofvpp/mwf Participant During an Enforcement Inspection Following a Fatality/Catastrophe at the VPPIMWF Site Change in VPP Status. If the fatality/catastrophe triggers an enforcement inspection (see OSHA Instruction CPL 02-00-150, Field Operations Manual (FOM), Chapter 11, Section II, part B1), the status of the VPP/MWF participant will be changed to "Inactive Pending Fatality/Catastrophe Inspection." Within 10 days of the initiation of the enforcement inspection, the following will occur: The change in a VPP/MWF participant's status will be made and reflected in all print and electronic materials, including the OSHA Web site, and tracking systems; The Region will notify the VPP/MWF participant in writing of the change in status, request that they do not display the VPP flag, plaque, and/or certificates, and inform any Special Government Employees (SGE) that they may not act as SGEs while in "Inactive Pending Fatality/Catastrophe Inspection" status. Action Following Completion of any Enforcement Inspection When the enforcement inspection is completed, the Region will adhere to the following procedures to determine the participant's continued eligibility for VPP participation. An enforcement inspection is completed when a citation(s) is issued or it is determined no citation will be issued. 1. Termination. When a fatality is deemed work-related, or when a site is placed in the

Severe Violator Enforcement Program, or when a willful violation(s) is issued to the VPP/MWF participant regardless of the genesis of the enforcement inspection, the Region will issue a "Notice ofintent to Terminate" within 10 days of the completion ofthe enforcement inspection. The Region will follow the instructions in the CSP-03-01-003, VPP Policies and Procedures Manual, Chapter VII, Section VIII. (See references at end of memorandum.) 2. Violation other than Willful or No Violation issued. When the enforcement inspection is completed and OSHA issues a Serious violation, a Repeat violation, a Failure-to-Abate violation, an Other than Serious violation, or no violation, the Region will follow the instructions in the CSP-03-01-003, VPP Policies and Procedures Manual, Chapter VIII, Section VI, parts A-B, and Section VII. (See references at end of memorandum.) Within 90 days from the date the enforcement inspection is completed, the Region must notify DCSP via a memorandum of the proposed recommendation regarding the participant's termination or continued participation. The Region and DCSP will brief the OAS on the Region's intended course of action and follow the procedures in Chapter VIII, Section VIII, parts B1-2. (See references at end of memorandum.) The VPP Policy and Procedures Manual will be revised to reflect the changes included in this memorandum. If you have any questions, please contact Elizabeth Way, Director, Office of Partnerships and Recognition, DCSP. CSP-03-01-003, VPP Policies and Procedures Manual References: Chapter VII, Section VIII VIII. Termination. OSHA may terminate a participant from the VPP for failure to maintain the requirements of the program. Except where employees appear to be at serious risk, termination by OSHA must occur only when all efforts for assistance have been exhausted. An example is when OSHA has identified one or more serious problems and recommended technologically feasible solutions, but the participant has refused. Termination may also occur when evidence exists that the trust and cooperation among labor,

management, and OSHA, upon which approval was based, no longer exist, or when OSHA requests a participant to withdraw and it does not. Other possible reasons for VPP participation ending include: a Merit term of approval has expired without a recommendation or approval for a second term; construction work has been completed; or resident contractor participation is no longer possible because the host no longer participates in VPP. If a resident contractor leaves the hosting VPP participant's worksite, the resident contractor will no longer be in the VPP. OSHA must handle the termination of a VPP participant as follows: A. Notice of Intent to Terminate. The Regional Administrator, through the VPP Manager, must notify DCSP, the participant, and union representative(s) in writing of OSHA's intent to terminate participation in the VPP. B. Appeal Process. The participant has 30 days from the receipt of the notice to appeal the intent to terminate. It must provide to the Assistant Secretary, through the Regional Administrator, in writing, the reasons why it should not be removed from the VPP. Upon review of the participant's justifications for continued participation, the Assistant Secretary in consultation with the Regional Administrator and DCSP must make the final decision. 1. If the Assistant Secretary decides to terminate: a. Termination Package. The Regional Administrator through the VPP Manager must send all of the following to DCSP for concurrence: A memorandum explaining the reason(s) for termination of participation. Any documents supporting the decision that have not already been reviewed by DCSP staff. b. DCSP Concurrence. The Director of Cooperative and State Programs and the VPP staff must review the package and, after concurrence, transmit it to the Assistant Secretary along with a letter to the participant for the Assistant Secretary's signature. The letter must inform the participant of the termination decision and its consequences [as per VII.C.l., above] and the requirements for reinstatement. c. Notification of Termination. Once the Assistant Secretary has signed the termination letter: DCSP must notify the VPP Manager immediately by telephone.

DCSP must notify the Regional Administrator by memorandum that the former participant must be returned to the programmed inspection list, if applicable, 30 days following the date of the termination letter. The Regional Administrator must notify the Area Office immediately. 2. If the Assistant Secretary finds the participant's appeal valid, the participant may continue in VPP. Chapter VIII, Section VI, parts A-B, and Section VII VI. Inspection Results. When enforcement activity is complete: A. The Area Office must send the VPP Manager a copy of all reports resulting from enforcement activity. B. The VPP Manager must review any reports of investigations triggered by referrals, formal or non-formal complaints, or letters written by the Area Office concerning conditions at the VPP worksite, fatalities/catastrophes, and other accidents or incidents requiring enforcement or involving publicity. VII. Documentation and Submission of Assessment. The VPP Manager must prepare a report of findings as follows: A. If a telephone interview or onsite visit was conducted in the case of VI.C.I. or 2. respectively, above, the VPP Manager must prepare and submit a simplified report to the RA detailing the findings and recommendation for participation, withdrawal, or termination. B. If an onsite evaluation was conducted in the case ofvi.c.3., above: 1. The VPP Manager must prepare and submit a full onsite evaluation report to the RA detailing the findings and recommendation for participation, withdrawal, or termination. 2. The VPP Manager must also submit a Significant Event Report (see Appendix B) to DCSP within 30 calendar days from the completion of the visit or a 90- day items period. (If a FATCAT report has been submitted, attach it and complete non-duplicative entries on Significant Event Report.) Chapter VIII, Section VIII, parts Bl-2 VIII. Decision to Continue Participation or Recommend Withdrawal or Termination.

B. In the case ofvi.c.3., above, the Regional Administrator must make a recommendation regarding the participant's continued participation. The RA must forward a memorandum describing hislher recommendation to DCSP. DCSP must forward the Regional Administrator's memorandum to the Assistant Secretary. 1. If the Assistant Secretary decides that termination is required, the procedures in Chapter 7 must be followed. 2. Ifthe Assistant Secretary decides that the participant may continue its participation, the RA will be notified. After being notified of the Assistant Secretary's decision, the RA must: a. Notify the participant of the Assistant Secretary's decision, and no further action is necessary, or b. Reapprove the participant according to procedures in Chapter 7, if the purpose of the onsite was also to determine reapproval.