[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1908.2]

[Page 78-79]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1908--CONSULTATION AGREEMENTS--Table of Contents
 
Sec. 1908.2  Definitions.

    As used in this part:
    Act means the Federal Occupational Safety and Health Act of 1970.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    Compliance Officer means a Federal compliance safety and health 
officer.
    Consultant means an employee under a Cooperative Agreement pursuant 
to this part who provides consultation.
    Consultation means all activities related to the provision of 
consultative assistance under this part, including offsite consultation 
and onsite consultation.
    Cooperative Agreement means the legal instrument which enables the 
States to collaborate with OSHA to provide consultation in accord with 
this part.
    Designee means the State official designated by the Governor to be 
responsible for entering into a Cooperative Agreement in accord with 
this part.
    Education means planned and organized activity by a consultant to 
impart information to employers and employees to enable them to 
establish and maintain employment and a place of employment which is 
safe and healthful.
    Employee means an employee of an employer who is employed in the 
business of that employer which affects interstate commerce.
    Employee representative, as used in the OSHA consultation program 
under this part, means the authorized representative of employees at a 
site where there is a recognized labor organization representing 
employees.
    Employer means a person engaged in a business who has employees, but 
does not include the United States (not including the United States 
Postal Service,) or any state or political subdivision of a state.
    Hazard correction means the elimination or control of a workplace 
hazard in accord with the requirements of applicable Federal or State 
statutes, regulations or standards.
    Imminent danger means any conditions or practices in a place of 
employment which are such that a danger exists which could reasonably be 
expected to cause death or serious physical harm immediately or before 
the imminence of such danger can be eliminated through the procedures 
set forth in Sec. 1908.6(e)(4), (f) (2) and (3), and (g).
    List of Hazards means a list of all serious hazards that are 
identified by the consultant and the correction due dates agreed upon by 
the employer and the consultant. Serious hazards include hazards 
addressed under section 5(a)(1) of the OSH Act and recordkeeping 
requirements classified as serious. The List of Hazards will accompany 
the consultant's written report but is separate from the written report 
to the employer.
    Offsite consultation means the provision of consultative assistance 
on occupational safety and health issues away from an employer's 
worksite by such means as telephone and correspondence, and at locations 
other than the employer's worksite, such as the consultation project 
offices. It may, under limited conditions specified by the Assistant 
Secretary, include training and education.
    Onsite consultation means the provision of consultative assistance 
on an employer's occupational safety and health program and on specific 
workplace hazards through a visit to an employer's worksite. It includes 
a written report to the employer on the findings and recommendations 
resulting from the visit. It may include training and

[[Page 79]]

education needed to address hazards, or potential hazards, at the 
worksite.
    OSHA means the Federal Occupational Safety and Health Administration 
or the State agency responsible under a Plan approved under section 18 
of the Act for the enforcement of occupational safety and health 
standards in that State.
    Other-than-serious hazard means any condition or practice which 
would be classified as an other-than-serious violation of applicable 
federal or state statutes, regulations or standards, based on criteria 
contained in the current OSHA field instructions or approved State Plan 
counterpart.
    Programmed inspection means OSHA worksite inspections which are 
scheduled based upon objective or neutral criteria. These inspections do 
not include imminent danger, fatality/catastrophe, and formal 
complaints.
    Programmed inspection schedule means OSHA inspections scheduled in 
accordance with criteria contained in the current OSHA field 
instructions or approved State Plan counterpart.
    RA means the Regional Administrator for Occupational Safety and 
Health of the Region in which the State concerned is located.
    Recognition and exemption program means an achievement recognition 
program of the OSHA consultation services which recognizes small 
employers who operate, at a particular worksite, an exemplary program 
that results in the immediate and long term prevention of job related 
injuries and illnesses.
    Serious hazard means any condition or practice which would be 
classified as a serious violation of applicable federal or state 
statutes, regulations or standards, based on criteria contained in the 
current OSHA field instructions or approved State Plan counterpart, 
except that the element of employer knowledge shall not be considered.
    State includes a State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Trust Territory of the Pacific Islands.
    Training means the planned and organized activity of a consultant to 
impart skills, techniques and methodologies to employers and their 
employees to assist them in establishing and maintaining employment and 
a place of employment which is safe and healthful.

[49 FR 25094, June 19, 1984, as amended at 65 FR 64290, Oct. 26, 2000]