[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1908.5]

[Page 79-80]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1908_CONSULTATION AGREEMENTS--Table of Contents
 
Sec. 1908.5  Requests and scheduling for onsite consultation.

    (a) Encouraging requests--(1) State responsibility. The State shall 
be responsible for encouraging employers to request consultative 
assistance and shall publicize the availability of its consultative 
service and the scope of the service which will be provided. The 
Assistant Secretary will also engage in activities to publicize and 
promote the program.
    (2) Promotional methods. To inform employers of the availability of 
its consultative service and to encourage requests, the State may use 
methods such as the following:
    (i) Paid newspaper advertisements;
    (ii) Newspaper, magazine, and trade publication articles;
    (iii) Special direct mailings or telephone solicitations to 
establishments based on workers' compensation data or other appropriate 
listings;
    (iv) In-person visits to workplaces to explain the availability of 
the service, and participation at employer conferences and seminars;
    (v) Solicitation of support from State business and labor 
organizations and leaders, and public officials;
    (vi) Solicitation of publicizing by employers and employees who have 
received consultative services;
    (vii) Preparation and dissemination of publications, descriptive 
materials, and other appropriate items on consultative services;
    (viii) Free public service announcements on radio and television.
    (3) Scope of service. In its publicity for the program, in response 
to any inquiry, and before an employer's request for a consultative 
visit may be accepted, the state shall clearly explain that the service 
is provided at no cost to an employer with federal and state funds for 
the purpose of assisting the employer in establishing and maintaining 
effective programs for providing safe and healthful places of employment 
for employees, in accord with the requirements of the applicable state 
or federal laws and regulations. The state shall explain that while 
utilizing this service, an employer remains under a statutory obligation 
to provide safe and healthful work and working conditions for employees. 
In addition, while the identification of hazards by a consultant will 
not mandate the issuance of citations or penalties, the employer is 
required to take necessary action to eliminate employee exposure to a 
hazard which in the judgment of the consultant represents an imminent 
danger to employees, and to take action to correct within a reasonable 
time any serious hazards that are identified. The state shall emphasize, 
however, that the discovery of such a hazard will not initiate any 
enforcement activity, and that referral will not take place, unless the 
employer fails to eliminate the identified hazard within the established 
time frame. The state shall also explain the requirements for 
participation in the recognition and exemption program as set forth in 
Sec. 1908.7(b)(4), and shall ensure that the employer understands his 
or her obligation to post the List of Hazards accompanying the 
consultant's written report.
    (b) Employer requests. (1) An onsite consultative visit will be 
provided only at the request of the employer, and shall not result from 
the enforcement of any right of entry under state law.
    (2) When making a request, an employer in a small, high hazard 
establishment shall generally be encouraged to include within the scope 
of such request all working conditions at the worksite and the 
employer's entire safety and health program. However, a more limited 
scope may be encouraged

[[Page 80]]

in larger and less hazardous establishments. Moreover, any employer may 
specify a more limited scope for the visit by indicating working 
conditions, hazards, or situations on which onsite consultation will be 
focused. When such limited requests are at issue, the consultant will 
limit review and provide assistance only with respect to those working 
conditions, hazards, or situations specified; except that if the 
consultant observes, in the course of the onsite visit, hazards which 
are outside the scope of the request, the consultant must treat such 
hazards as though they were within the scope of the request.
    (3) Employers may request onsite consultation to assist in the 
abatement of hazards cited during an OSHA enforcement inspection. 
However, an onsite consultative visit may not take place after an 
inspection until the conditions set forth in Sec. 1908.7(b)(3) have 
been met.
    (c) Scheduling priority. Priority shall be assigned to requests from 
businesses with the most hazardous operations, with primary attention to 
smaller businesses. Preference shall be given to the smaller businesses 
which are in higher hazard industries or which have the most hazardous 
conditions at issue in the request.

[49 FR 25094, June 19, 1984, as amended at 65 FR 64291, Oct. 26, 2000]