[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: 29CFR1908.8]

[Page 85]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1908_CONSULTATION AGREEMENTS--Table of Contents
 
Sec. 1908.8  Consultant specifications.

    (a) Number. (1) The number of consultant positions which will be 
funded under a Cooperative Agreement pursuant to this part for the 
purpose of providing consultation to private sector employers will be 
determined by the Assistant Secretary on the basis of program 
performance, demand for services, industrial mix, resources available, 
and the recommendation of the RA, and may be adjusted periodically.
    (2) States shall make efforts to utilize consultants with the safety 
and health expertise necessary to properly meet the demand for 
consultation by the various industries within a State. The RA will 
determine and negotiate a reasonable balance with the State on an annual 
basis.
    (b) Qualifications. (1) All consultants utilized under Cooperative 
Agreements pursuant to this part shall be employees of the State, 
qualified under State requirements for employment in occupational safety 
and health. They must demonstrate adequate education and experience to 
satisfy the RA before assignment to work under an Agreement, and 
annually thereafter, that they meet the requirements set out in Sec. 
1908.8(b)(2), and that they have the ability to perform satisfactorily 
pursuant to the Cooperative Agreement. Persons who have the potential 
but do not yet demonstrate adequate education and experience to satisfy 
the RA that they have the ability to perform consultant duties 
independently may, with RA approval, be trained under a Cooperative 
Agreement to perform consultant duties. Such persons may not, however, 
perform consultant duties independently until it has been determined by 
the RA that they meet the requirements and have the ability indicated. 
All consultants shall be selected in accordance with the provisions of 
Executive Order 11246 of September 24, 1965, as amended, entitled 
``Equal Employment Opportunity.''
    (2) Minimum requirements of consultants shall include the following:
    (i) The ability to identify hazards; the ability to assess employee 
exposure and risk; knowledge of OSHA standards; knowledge of hazard 
correction techniques and practices; knowledge of workplace safety and 
health program requirements; and the ability to effectively communicate, 
both orally and in writing.
    (ii) Consultants shall meet any additional degree and/or experience 
requirements as may be established by the Assistant Secretary.
    (c) Training. As necessary, the Assistant Secretary will specify 
immediate and continuing training requirements for consultants. Expenses 
for training which is required by the Assistant Secretary or approved by 
the RA will be reimbursed in full.