|MEMORANDUM OF UNDERSTANDING
THE STATE/COMMONWEALTH OF _________________,
DEPARTMENT OF _________________,
A STATE PLAN STATE
THE UNITED STATES DEPARTMENT OF LABOR,
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
- Purpose and Authority
Pursuant to section 21(c)(2) of the Occupational Safety and Health Act of 1970
(29 U.S.C. § 656, the Act), the State of ____________________ ,
___________________(designated state agency) and the Occupational Safety and
Health Administration (OSHA) agree that the State of _________________ may
request and, within the prescribed intent, scope, policies and procedures of
OSHA, use duly authorized Federal employees, some of whom may be Federal
volunteers who have the status of Special Government Employees (SGEs) as defined
at 18 U.S.C. § 202(a), as members of the State’s Voluntary Protection Program
(VPP) onsite review teams.
- Duties of Duly Authorized Federal Employees
- The Federal members of the State of ______________________ VPP onsite review
team duties will include, but are not limited to:
- Reviewing company documents that describe or verify the worksite’s safety
and health management system
- Conducting a walkaround of the worksite to ensure the site’s safety and
health management system is operating effectively
- Interviewing employees of the company and contractors to determine their
level of involvement in and perceptions of the worksite’s safety and health
- Assisting in the preparation of a report that evaluates the worksite’s
safety and health management system with respect to VPP criteria.
- The duties of the Federal members of the State of _________________________
VPP onsite review team shall not include, at any time, the role of Team Leader
or other primary decision maker.
- Period of Performance
This agreement shall commence upon its execution by both parties. Activities
shall begin as soon as possible.
Either party may terminate this agreement on 30 days written notice to the
The State may be asked to provide reports, information and/or recommendations to
OSHA regarding activities, expenses and feedback about its experience under this
The State shall take all reasonable steps to protect the safety and health of
the Federal employees acting as members of the onsite review team.
- Effect of Agreement
This agreement is between government entities and is not intended to confer any
right upon any private person.
Nothing in this agreement shall be interpreted as limiting, superseding or
otherwise affecting either agency's normal operations or decisions in carrying
out its statutory or regulatory duties. This agreement does not limit or
restrict the parties from participating in similar activities or arrangements
with other entities.
This agreement does not itself authorize the expenditure or reimbursement of any
funds. Nothing in this agreement obligates the parties to expend appropriations
or enter into any contract or other obligations.
David Michaels, PhD, MPH
Occupational Safety and Health Administration
FOR THE STATE OF ______________