Directives - Table of Contents Directives - Table of Contents
• Record Type: Instruction
• Directive Number: CSP 02-13-03
• Old Directive Number: CSP 02_13-03
• Title: FY 2014 On-site Consultation Cooperative Agreement Application Instructions.
• Information Date: 06/17/2013
• Standard Number: 1908


OSHA INSTRUCTION

DIRECTIVE NUMBER: 13-03 (CSP 02) EFFECTIVE DATE: June 17, 2013
SUBJECT: FY 2014 On-site Consultation Cooperative Agreement Application Instructions.


ABSTRACT

Purpose: This Notice provides instructions and forms that are necessary for preparing the FY 2014 On-site Consultation Cooperative Agreement Application. This Notice also serves as a reference tool for managing the administration of FY 2014 On-site Consultation Cooperative Agreements.

Scope: This Notice applies to all states and U.S. Territories that operate an On-site Consultation Project under Section 21(d) of the Occupational Safety and Health Act of 1970 (OSH Act).

References: OSHA Instruction CSP 02-00-002, Consultation Policies and Procedures Manual (CPPM); 29 Code of Federal Regulations (CFR) 1908, Cooperative Agreements; Occupational Safety and Health Administration Annual Operating Plan for FY 2013; 29 CFR Part 95, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, and with Commercial Organizations, Foreign Governments, Organizations under the Jurisdiction of Foreign Governments, and International Organizations; 29 CFR Part 97, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; Grants and Cooperative Agreements with State and Local Governments (OMB Circular A-102); Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87, Relocated to 2 CFR Part 225); and Cost Principles for Educational Institutions (OMB Circular A-21, Relocated to 2 CFR Part 220).

Cancellations: None.

Expiration Date: This Notice expires on September 30, 2014.

State Impact: On-site Consultation Projects operating Cooperative Agreements under Section 21(d) of the OSH Act of 1970 are required to follow the instructions outlined in this Notice.

Action Offices: National, Regional, and State Offices.

Originating Office: Directorate of Cooperative and State Programs (DCSP).

Contact: Office of Small Business Assistance (OSBA)
Directorate of Cooperative and State Programs
USDOL-OSHA
Frances Perkins Building, Room N-3660
200 Constitution Avenue, N.W.
Washington, DC 20210
(202) 693-2220

By and Under the Authority of


David Michaels, Ph.D., M.P.H.
Assistant Secretary




Executive Summary

This Notice provides instructions and forms that are necessary for preparing the FY 2014 On-site Consultation Cooperative Agreement Application.

Significant Changes
  1. Appendix A — Section IX-G has been updated to include Grants.gov new application filename requirements when uploading attachments within the application.

  2. Appendix A — Section IX -A has been updated to include that the System Award Management (SAM) has replaced the Central Contractor Registry (CCR) and SAM registration must be up-to-date.

  3. The assurances and certifications have been updated to include compliance with the requirements for the Federal Funding Accountability and Transparency Act (2 CFR Part 170) and the Universal Identifier and Central Contractor Registration (2 CFR Subtitle A, Chapter I and Part 25).

  4. Appendix E has been identified as the location to document Regional Administrator approval of state emergency response activities not otherwise authorized under the general language of this Cooperative Agreement or other OSHA Directives.

  5. Appendix F has been updated to include Isocyanates as an Area of Emphasis Safety and Health Hazard.

  6. Appendix Q has been updated to include procedures on how to purchase Computer Software and Equipment by On-site Consultation Projects.







TABLE OF CONTENTS

  1. Purpose

  2. Scope

  3. References

  4. Expiration Date

  5. Action Information

    1. Responsible Offices

    2. Action Offices

  6. State Impact

  7. Significant Changes

  8. Required Application Components

    1. Consultation Annual Project Plan (CAPP)

    2. Financial Documents

  9. Application Format and Submission

  10. Submission Deadline

  11. Approval Notification

  12. Regional Administrator's Review of Application

    1. Consultation Annual Project Plan (CAPP)

    2. Financial Documents

  13. National Office Review

    1. Directorate of Cooperative and State Programs

    2. Directorate of Administrative Programs

APPENDICES

Appendix A: Cooperative Agreement for OSHA On-site Consultation under Sections 21(c) and 21(d) of the Occupational Safety and Health Act of 1970
Appendix B: Checklist of Required Documents for the Federal On-site Consultation Cooperative Agreement
Appendix C: Checklist of Required Components of the CAPP
Appendix D: Staffing Chart
Appendix E: Operational Description by Strategy, Activities and Outcomes
Appendix F: Projected Program Activities
Appendix G: Equipment Inventory
Appendix H: Approved Equipment Procurement Listing
Appendix I: Annual Training Plan
Appendix J: Accompanied Visit Plan
Appendix K: FY 2013 Final Base Award Levels
Appendix L: Cooperative Agreement Form OSHA-110
Appendix M: Application for Federal Assistance and Budget Information - Non-Construction Programs (SF-424 and SF-424A)
Appendix N: Supporting Details of Anticipated Costs - Part A: Consultation
Appendix O: Supporting Details of Anticipated Costs - Part B: Administration
Appendix P: IT and OSHANET Hardware and Software Information and Rules of Behavior
Appendix Q: Standard Operating Procedures for the Purchase of Computer Software or Equipment by On-site Consultation Projects

On-site Consultation Cooperative Agreement Application for FY 2014

  1. Purpose. This Notice provides instructions and forms that are necessary for preparing an FY 2014 On-site Consultation Cooperative Agreement Application.

  2. Scope. This Notice applies to all states and U.S. territories that operate an On-site Consultation Project under Section 21(d) of the Occupational Safety and Health Act of 1970 (OSH Act).

  3. References.
    1. OSHA Instruction CSP 02-00-002, Consultation Policies and Procedures Manual (CPPM).

    2. 29 Code of Federal Regulations (CFR) Part 1908, Cooperative Agreements.

    3. 29 CFR Part 95, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, and with Commercial Organizations, Foreign Governments, Organizations under the Jurisdiction of Foreign Governments, and International Organizations.

    4. 29 CFR Part 97, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

    5. Grants and Cooperative Agreements with State and Local Governments (OMB Circular A-102).

    6. Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87, Relocated to 2 CFR Part 225).

    7. Cost Principles for Educational Institutions (OMB Circular A-21, Relocated to 2 CFR Part 220).

  4. Expiration Date. This Notice expires on September 30, 2014.

  5. Action Information. None.
    1. Responsible Offices. Directorate of Cooperative and State Programs (DCSP), Office of Small Business Assistance (OSBA), Office of State Programs (OSP); Directorate of Administrative Programs (DAP); Assistant Secretary (AS).

    2. Action Offices.

      1. National Office. The National Office is responsible for the review and approval of Cooperative Agreement applications that satisfactorily meet all federally required financial, operational, and policy requirements.

        1. DCSP. OSBA is responsible for administering the program aspects of the On-site Consultation Program, reviewing all components of the Cooperative Agreement Application and identifying any program deficiencies that need to be rectified before granting approval.

        2. DAP. The Division of Grants Management within DAP is responsible for reviewing all financial documents for accuracy, posting funding award levels in the Payment Management System, transmitting the award letters to each recipient, and administering the financial aspects of the Cooperative Agreement.

      2. Regional Offices. Throughout the application and review process, the Regional Administrator (RA) remains the point of contact with the Project.

        1. The Regional Office will provide assistance and negotiate the proposed Consultation Project activity levels with the On-site Consultation Project Manager.

        2. Each Regional Consultation Project Officer should coordinate with the National Office personnel assigned to review the Consultation Annual Project Plan (CAPP) for Projects under their jurisdiction to resolve all issues prior to authorizing the state's submission of the electronic grant application package to minimize the need for replacement pages and expedite approval of the application.

        3. The Regional Office should discuss all identified issues with the appropriate staff in DCSP and DAP prior to final resolution with the State.

        4. By August 22, 2013, the RA must submit a memorandum to the Directors of DAP and DCSP for each Cooperative Agreement application within their jurisdiction, reflecting recommendations for approval or disapproval of the funding application. The memorandum should be based on the Region's review of the final electronic application package submitted by the State via Grants.gov, and must reflect the Region's assessment of any unresolved issues in the application. If an appropriate state response has not been received prior to processing in the National Office, specific suggested language should also be included for any restrictions to be placed in the Cooperative Agreement grant award letter.

        5. The RA must assure that the State's grant submission meets all requirements and contains all properly completed forms and documents required by these instructions and that any subsequent replacement pages are submitted to the National Office.

        6. The Regional Office does not need to forward a copy of the electronic application package. DCSP and DAP can access the applications in DOL E-Grants.

      3. States. On-site Consultation Project Managers are responsible for facilitating discussions with the Regional Office regarding the content of the CAPP. On-site Consultation Project Managers are also responsible for completing and submitting the On-site Consultation Agreement Application in a timely manner.

  6. State Impact. States and U.S. Territories operating Cooperative Agreements under Section 21(d) of the OSH Act are required to follow the instructions outlined in this Notice.

  7. Significant Changes.

    1. Appendix A — Section IX-G has been updated to include Grants.gov new application filename requirements when uploading attachments within the application.

    2. Appendix A — Section IX-A has been updated to include that the System Award Management (SAM) has replaced the Central Contractor Registry (CCR) and SAM registration must be up-to-date.

    3. The Assurances and Certifications have been updated to include compliance with the requirements for the Federal Funding Accountability and Transparency Act (2 CFR Part 170) and the Universal Identifier and Central Contractor Registration (2 CFR Subtitle A, Chapter I and Part 25.

    4. Appendix E has been identified as the location to document Regional Administrator approval of State emergency response activities not otherwise authorized under the general language of this Cooperative Agreement or other OSHA Directives.

    5. Appendix F has been updated to include Isocyanates as an Area of Emphasis Safety and Health Hazard.

    6. Appendix Q has been updated to include procedures on how to purchase Computer Software and Equipment by On-site Consultation Projects.

  8. Required Application Components. On-site Consultation Project Managers must ensure that all required application components are completed, approved by their RA, and submitted via Grants.gov on or before the application due date. A checklist of the required documents for the Agreement application package is provided in Appendix B.

    In addition to the agreement itself (Appendix A), the On-site Consultation Cooperative Agreement Application package consists of the following components:

    1. Consultation Annual Project Plan (CAPP). The CAPP describes in detail how an On-site Consultation Project's activities will support the OSHA Annual Operating Plan during the forthcoming year.

      1. The CAPP must address each area of emphasis in the OSHA Annual Operating Plan that the Project Manager in consultation with the Regional representative(s) will undertake, outlining both strategies and expected results. See Appendix E for operational description by strategy, activities and outcome.

      2. The CAPP must include: (a) an organizational chart, (b) staffing chart, (c) a description of any changes in the On-site Consultation Project's status, (d) a detailed operational description identifying the year's strategies, activities and their intended outcomes, (e) a projected program activities chart, (f) a description of strategy and targets for promoting On-site Consultation and the On-site Consultation Program's Safety and Health Achievement Recognition Program (SHARP), and (g) a detailed description of any changes to a Project's Internal Quality Assurance program. See Appendix B for a checklist of required documents.

      3. The On-site Consultation Project Manager should send a draft CAPP and financial documents to the Regional Office to facilitate a preliminary discussion. This discussion should take place not later than June 30, 2013. Further discussions or negotiations regarding the content of the CAPP must be managed to ensure consensus and submission of the CAPP on or before the designated deadline.

    2. Financial Documents. Each application must include a prepared Cooperative Agreement (Form OSHA-110), Application for Federal Assistance and Budget Information Non-Construction Programs (SF-424 and SF-424A) and supporting details of anticipated costs.

      A copy of the Cooperative Agreement Form OSHA-110 is available on the Consultation Limited Access Page and in Appendix L. The Application for Federal Assistance and Budget Information Non-Construction Programs (SF-424 and SF-424A) is available on the Grants.gov website. However, as a courtesy, links to and copies of these documents are provided in Appendix M of this Notice. Please note that the links to the SF-424 and SF-424A are provided to assist you in preparing the application. The actual documents must be completed by accessing the application package found on Grants.gov.

      Accuracy of the financial documents is critical for the timely approval of the Cooperative Agreement. Applications containing deficiencies will not be approved. Any application which is not in accord with this Notice will be returned for correction.

      The following information provides guidance for completing the required financial documentation.

      1. Funding Levels. All amounts entered in the Cooperative Agreement (Form OSHA-110), the Application for Federal Assistance (SF-424) and the related worksheet(s) must be based on the FY 2013 enacted base award levels as identified in the FY 2013 amendment process. Any change in FY 2014 funding for On-site Consultation will be processed through a Cooperative Agreement amendment. We will revisit all base award levels during FY 2014 and work with those states that identified FY 2013 deobligations to determine if/how those deobligations will be factored into the FY 2014 base award levels. States unable to provide the required matching funds for the FY 2013 award level should complete the application to reflect the award level which it can match.

      2. Administrative Cap. The 25 percent ceiling on administrative costs remains in effect. This requires that no more than 25 percent of the total funding amount be budgeted toward administrative costs. Any deviation from this restriction requires prior approval from the Directors of DCSP and DAP.

      3. Salary Target. Each project must devote a minimum of 50 percent of the grant amount toward consultant salaries and fringe benefits. Project Managers unable to meet this target must provide a written explanation of the reason they cannot meet this goal.

      4. Computer Purchases. Consultation Projects must consult and obtain approval from DCSP, prior to purchasing computers using Section 21(d) funds, whether or not such computers are connected to the OSHA system. Computers must conform to particular OSHA hardware and software requirements and specifications. It is the responsibility of the On-site Consultation Project Manager to contact DCSP 60 or more days in advance of the purchase of new computer equipment to ensure that the latest requirements and specifications are met. Appendix P provides Information Technology and OSHANet Hardware and Software Information and Rules of Behavior. Appendix Q provides the standard operating procedures for the purchase of computer software and equipment.

      5. Computer Security. All system users (OSHANet, Extranet, and other OSHA applications) must adhere to Federal, Department of Labor (DOL), and OSHA computer security policies, procedures, and processes. All system users (OSHANet, Extranet, and other OSHA applications) must annually sign Rules of Behavior for each system accessed. All OSHA system users must complete the USDOL Annual Computer Security Awareness Training (CSAT) and federally mandated or DOL-required computer security training to be specified, within the required time frame.

      6. Minimum Staffing. At least four professional, full-time equivalents (FTEs)—two full-time safety specialists and two full-time industrial hygienists or their equivalents—must be included in each Project's personnel plan. All of the Project's consultants must be employed at least 50 percent of their time in the On-site Consultation Program and must spend at least 50 percent of their time engaged in On-site Consultation Program activity. Any deviation from this minimum must receive prior written approval from the Director of DCSP and is effective only for the fiscal year for which it is approved. If you anticipate requiring this approval, please coordinate with your Region as early as possible.

      7. OSHA Restrictions and Conditions. The state designees' signatures on these documents certifies that the recipient will be in compliance with the assurances and certifications, lobbying restrictions, and OSHA-specific restrictions and conditions. Potential consequences for noncompliance with any of the grant conditions may be found in 29 CFR 95.62 and 29 CFR 97.43.

  9. Application Format and Submission. All Cooperative Agreement applications must be submitted electronically using the Grants.gov system.

    1. Before submitting an application, States must ensure that their registration information is accurate and up-to-date in Grants.gov and with System for Award Management (SAM), the replacement for the Central Contractor Registry (CCR). States must maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration. To remain registered in the SAM database, the applicant is required to review and update the registration at least every 12 months from the date of initial registration or subsequently update its information in the SAM database to ensure it is current, accurate and complete. The Organization Registration Checklist may be found at: http://www.grants.gov/assets/Organization_Steps_Complete_Registration.pdf.

    2. Applications will be accepted in Grants.gov beginning July 19, 2013 for the performance period beginning October 1, 2013 and ending September 30, 2014.

    3. The deadline for electronic application submission is August 15, 2013.

    4. The website to download the Grants.gov application package is: http://www.grants.gov/applicants/apply_for_grants.jsp. For 21(d) Applicants, the Funding Opportunity Number is OSHA-21D-2014-001.

    5. Grants.gov requires completion of forms SF-424 and SF-424A online. All other documents in the OSHA grant applications must be submitted as attachments. Applicants will submit the SF-424 and SF-424A reflecting Section 21(d) funding along with the required documents. For documents requiring signatures, applicants should submit a scanned, signed copy as an attachment for the electronic grant application. Documents should not be submitted online until the Region has directed the Consultation Project to do so.

    6. Acceptable formats for document attachments submitted as part of a Grants.gov application are Microsoft Office and Adobe Reader (PDF). Attachments are limited to 15 documents in Grants.gov. The preferred method for attachments is to scan all documents into one Adobe Reader file that can be attached to the Grants.gov application. Documents may also be attached as individual files in the specified formats — Microsoft Office or Adobe Reader.

    7. Grants.gov has new application filename requirements when uploading attachments within the application. The filenames are now validated and enforced and are limited to using the following characters in all attachment file names. Valid file names may only include the following characters: A-Z, a-z, 0-9, underscore ( _ ), hyphen (-), space, period. If applicants use any other characters when naming their attachment files their applications will be rejected.

    8. Replacement pages cannot be submitted through Grants.gov. If an application requires replacement pages, the National and Regional Offices will coordinate the submission of replacement pages with the applicant. These pages can be submitted via e-mail or fax.

  10. Submission Deadline. Complete Cooperative Agreement applications, including CAPPs and financial documents, are due in Grants.gov on or before August 15, 2013. The Office of Management and Budget (OMB) Circulars A-102 and A-110 require that Cooperative Agreement awards be made at least 10 days prior to the beginning of the Cooperative Agreement period. The RA must work with the Projects to review the entire application offline before the final package is submitted via Grants.gov.

  11. Approval Notification. Final Cooperative Agreement approval letters are to be expected by September 20, 2013.

  12. Regional Administrator's Review of Application. The RA is responsible for conducting a joint review of the CAPP with the National Office. By August 22, 2013, the RA must transmit a memorandum containing an assessment of the Cooperative Agreement Application to the Director of DCSP, Attn: OSBA, with a courtesy copy furnished to the Division of Grants Management. The memorandum should be based on the Region's review of the final application submitted via Grants.gov. The RA does not need to include a copy of the application since the application will be available in DOL E-Grants.

    In reviewing the application, the RA will pay particular attention to the following components:

    1. Consultation Annual Project Plan (CAPP)

      1. The RA will review the CAPP to ensure that the plan submitted by the Project Manager conforms to the previously agreed upon plan elements. The RA will be particularly sensitive to issues that have been discussed during the quarterly meetings and ensure that they are addressed satisfactorily.

      2. The RA should encourage and support the Project Manager in the marketing of the On-site Consultation Program by combining resources, where possible, to ensure that employers in the state are familiar with services provided by the On-site Consultation Program.

    2. Financial Documents

      1. The RA should ensure that the Project has budgeted for four full-time professional positions - two safety specialists and two industrial hygienists - and that all safety and health staff spend a minimum of 50 percent of their time working on consultation activities. A transmittal memorandum with detailed explanation(s) and a copy of DCSP approval of deviation(s) must be provided if the Project budget does not meet personnel and staffing requirements.

      2. The RA should ensure that the Cooperative Agreement Form OSHA-110, Application for Federal Assistance (SF-424), Budget Information for Non-Construction Programs (SF-424A), supporting details of anticipated costs and related financial documents are complete and accurate.

  13. National Office Review.

    1. DCSP. OSBA staff will review and discuss any deficiencies in each CAPP with the Regional Consultation Project Officer. Additionally, DCSP will administer the program aspects of the Cooperative Agreement.

    2. DAP. The Division of Grants Management staff will review and discuss any financial deficiencies with Regional financial staff. Additionally, DAP will post funding award levels in the Payment Management System and administer the financial aspects of the Cooperative Agreement.







APPENDIX A

Cooperative Agreement for OSHA On-site Consultation under Sections 21(c) and 21(d) of
the Occupational Safety and Health Act of 1970

Between the State/Commonwealth/Jurisdiction of _________________________________ and the Occupational Safety and Health Administration (OSHA), United States Department of Labor.

  1. AUTHORITY AND PARTIES TO AGREEMENT

    1. Pursuant to Sections 21(c) and 21(d) of the Occupational Safety and Health Act of 1970 (the Act), it is hereby agreed that the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary) and the _________________________________ (the State)—which affirms that it has been authorized by the Governor to enter into this agreement with full power to perform the obligations hereunder and to receive and expend Federal funds as well as state funds as required herein—will execute all provisions of this agreement.

    2. Nothing herein shall preclude the Assistant Secretary from exercising Federal responsibility and authority under the Act or preclude the State from exercising its responsibility and authority under state law when not in conflict with the Federal Act and the terms of this agreement.

  2. AGREEMENT TERMS

    1. Either party may terminate this agreement upon 30 days' notice to the other party.

    2. It is agreed by both parties that substantive work and costs incurred under this agreement will be managed and scheduled in a manner to assure adequate program coverage and activity throughout the entire 12-month performance period, without the necessity of requesting a budget modification to increase the amount of Federal funds authorized.

    3. This Agreement incorporates the following documents, which the State has agreed to submit.

      1. Application for Federal Assistance (SF-424)
      2. Budget Information--Non-Construction Programs (SF-424A)
      3. Cooperative Agreement (Form OSHA-110)
      4. Assurances and Certifications, Lobbying Restrictions, and OSHA Restrictions and Conditions
      5. Complete and Current Equipment List
      6. Approved On-site Consultation Equipment Procurement Listing
      7. Performance Projections
      8. Annual Training Plan
      9. Accompanied Visit Plan
      10. Supporting Details of Anticipated Costs

    4. Any and all substantive modifications to the conditions and terms stated in this agreement shall be reduced to writing as amendments, numbered and signed by both principal parties to this agreement.

  3. PURPOSE AND SCOPE

    1. The State shall provide consultation services, including training and education, whereby employers, particularly those with smaller businesses and with high-hazard workplaces (as defined or approved by OSHA), receive assistance in:

      1. Identifying any safety and health hazards in their workplaces,

      2. Controlling or eliminating these hazards successfully,

      3. Establishing or improving a workplace safety and health program,

      4. Understanding all requirements of applicable Federal (or State) law and implementing regulations.

    2. The statewide project operated under this agreement shall conform fully with the requirements in the Code of Federal Regulations (29 CFR 1908), all related formal directives issued by the Assistant Secretary, and the appendices attached to this agreement.

  4. REIMBURSEMENT

    The Assistant Secretary will reimburse the State 100 percent of the allowable costs of all OSHA required or approved training to include any out-of-state travel expenses. All other allowable training costs, and related travel and per diem, will be reimbursed at 90 percent. All such training, travel and per diem must be directly related to the activity performed under this agreement. For those who receive less than 100% funding under the 21(d) Cooperative Agreement, the Assistant Secretary will reimburse the State for the percentage of costs relative to the amount of funding received from the grant. (e.g. 50% of funding, 50% of allowable costs).

  5. ALLOCATION OF COSTS

    The Supporting Details of Anticipated Costs that itemizes the costs by category (Consultation and Administration) and object class shall be submitted with the application (a sample outline is provided in Appendices N and O of this Notice). The Supporting Details of Anticipated Costs should correspond to the information on the Application for Federal Assistance and Budget Information-Non-Construction Programs (SF-424 and SF-424A). In order to ensure uniformity and comparability among agreement submissions, Consultation and Administration costs shall be determined and set forth as follows:

    1. Consultation. Consultation costs consist of all direct costs associated with the immediate delivery of consultative services to employers and employees. Costs include but are not limited to: the salaries and fringe benefits of On-site Consultation staff engaged in promotion, scheduling, visit preparation, hazard identification, program assistance, training and education, off-site assistance, report preparation, correction verification and similar authorized consultative activities; and related materials, supplies, equipment and staff training. They also include the consultation portion of total computer costs. Computer costs should be distributed between consultation and administration in the proportion to which computer services support each function. On-site Consultation staff include safety consultants, health consultants, consultant trainees and consultant trainers who meet the minimum qualifications defined in 29 CFR 1908.8(b). Also included are costs of immediate first level consultant supervisors, except those costs associated with accompanied visit activity. Additionally, costs of direct clerical support to consultants and first-level consultant supervisors are charged to On-site Consultation.

    2. Administration. Administrative costs consist of all direct costs and indirect costs associated with the management and support of the On-site Consultation Program. These costs include but are not limited to: the salaries and fringe benefits of personnel engaged in executive, fiscal, data collection, personnel, legal, audit, procurement, data processing, communications, maintenance, related materials, supplies, equipment and staff training. They also include the administration portion of total computer costs (computer costs should be distributed between consultation and administration in the proportion to which computer services support each function). In addition, administrative costs extend to the salaries and fringe benefits of direct program management positions such as project directors, program monitors and program review officers; and costs of direct clerical support to these positions.

    3. Anticipated Costs. The chart below should be used as a framework to correctly itemize anticipated costs within the appropriate category. The anticipated costs are to be listed under the categories below and charged as follows:

Anticipated Cost Consultation Administration
POSITIONS COVERED:

Salaries of positions for:

  1. Safety supervisor (S/S);
  2. Safety consultant (S);
  3. Safety consultant trainee (TS);
  4. Industrial hygiene supervisor (H/S);
  5. Industrial hygiene consultant (H);
  6. Industrial hygiene consultant trainee (TH);
  7. Direct clerical support (SEC).

Salaries of positions for:

  1. Management (MGT);
  2. Direct clerical support (SEC).

PERSONNEL:

Salaries for positions listed in Consultation:

For consultants and first-level consultant supervisors who also serve in a managerial capacity for the project, salary costs shall be distributed between Administration and Consultation in proportion to the percent of time spent in performing:

  1. Program management;
  2. Consultant and/or;
  3. Consultant supervisory activities.

Salaries reflecting:

  1. (a) Consultant time should be listed separately from salaries reflecting (b) time providing first-level supervision to consultants;
  2. Salaries of clerical staff that provide direct support to consultants and consultant supervisors.
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strong>Salaries for positions listed in Administration:

For management personnel who also serve as consultants and/or consultant supervisors, salary costs must be distributed between Administration and Consultation in proportion to the percentage of time spent in performing:

  1. Program management;
  2. Consultant duties, and/or;
  3. Supervision of consultants.

FRINGE BENEFITS

Fringe benefits for positions listed in Consultation:
Costs include payments for:

  1. Retirement;
  2. Social security;
  3. Workers' compensation;
  4. Life insurance;
  5. Medical insurance;
  6. Etc.

Note: Include the cost formula for each fringe benefit.

For consultants, first-level consultants, and firstlevel consultant supervisors who also serve in a managerial capacity for the project, fringe benefit costs shall be distributed between Administration and Consultation in proportion to the percent of time spent in performing:

  1. Program management;
  2. Consultant and/or;
  3. Consultant supervisory activities.

Fringe benefits reflecting (a) consultant time should be listed separately from fringe benefits reflecting (b) time providing first-level supervision to consultants and fringe benefits of clerical staff that provide direct support to consultants and consultant supervisors.

Fringe benefits for positions listed in Administration:
Costs include payments for:

  1. Retirement;
  2. Social security;
  3. Workers' compensation;
  4. Life insurance;
  5. Medical insurance;
  6. Etc.

Note: Include the cost formula for each fringe benefit.

For management personnel who also serve as consultants and/or first-level consultant supervisors, fringe benefit costs shall be distributed between Administration and Consultation in proportion to the percentage of time spent in performing:

  1. Program management;
  2. Consultant duties, and/or;
  3. Supervision of consultants.

CERTIFICATION COSTS: Contact Henry Payne at Payne.Henry@dol.gov with questions regarding certification.

For Consultants seeking professional certification in safety or health, Cooperative Agreement funds may be used to pay for the costs associated with a professional certification examination preparation course approved by the project manager, including travel and per diem.

Additionally, if needed, a Project Manager may use Cooperative Agreement funds to pay for the costs associated with applying for and taking a professional certification examination, including travel and per diem.

Project Managers may not use Cooperative Agreement funds to:

  1. Pay for costs associated with a second preparation course for those Consultants who fail on their first attempt at a professional certification examination.

However, a Project Manager may use Cooperative Agreement funds to pay for:

  1. The travel and/or per diem related to taking the professional certification examination a second time, and;
  2. If needed, costs associated with taking of the professional certification examination a second time.

For those Consultants who fail to pass a professional certification examination on their second attempt, Project Managers may not use Cooperative Agreement funds to pay for any additional costs related to that employee seeking that specific professional certification.

Project Managers may not use Cooperative Agreement funds to pay for any costs associated with:

  1. Seeking professional certification for any certifying organization that is not accredited by a nationally recognized accrediting organization;
  2. Additionally, Project Managers are not authorized to pay annual maintenance fees for maintaining professional certifications from Cooperative Agreement funds.

Project Managers must use 90/10 funds for employee preparation or certification. The Cooperative Agreement cannot pay for certification costs that exceed the percent of time for which that employee is dedicated to the Cooperative Agreement. For example:

  1. If a safety professional is dedicated at 0.5 FTE, then no more than 50 percent of the cost of the examination preparation or examination fees may be charged to the Cooperative Agreement.

For Project Managers seeking professional certification in safety or health, Cooperative Agreement funds may be used to pay for the costs associated with a professional certification examination preparation course approved by the employee's supervisor, including travel and per diem.

Additionally, if needed, Cooperative Agreement funds may be used to pay for the costs associated with applying for and taking a professional certification examination, including travel and per diem.

Cooperative Agreement funds may not be used to:

  1. Pay for costs associated with a second preparation course for those Managers who fail on their first attempt at a professional certification examination.

However, Cooperative Agreement funds may be used to pay for:

  1. The travel and/or per diem related to taking the professional certification examination a second time, and;
  2. If needed, costs associated with taking of the professional certification examination a second time.

For those Managers who fail to pass a professional certification examination on their second attempt, Cooperative Agreement funds may not be used to pay for any additional costs related to that employee seeking that specific professional certification.

Project Managers may not use Cooperative Agreement funds to pay for any costs associated with:

  1. Seeking professional certification for any certifying organization that is not accredited by a nationally recognized accrediting organization;
  2. Additionally, Project Managers are not authorized to pay annual maintenance fees for maintaining professional certifications from Cooperative Agreement funds.

Projects must use 90/10 funds for Managerial preparation or certification. The Cooperative Agreement cannot pay for certification costs that exceed the percent of time for which that Manager is dedicated to the Cooperative Agreement. For example:

  1. If a Manager is dedicated at 0.5 FTE, then no more than 50 percent of the cost of the examination preparation or examination fees may be charged to the Cooperative Agreement.

TRAVEL

Travel for positions listed in Consultation:

Costs shall include travel required to conduct:

  1. On-site consultation visits;
  2. Off-site assistance;
  3. Travel to OTI courses;
  4. Promotional visits;
  5. Regional and national On-site Consultation Program meetings.

Note:

  1. Intra-agency travel, such as that related to flexi-place programs, must have prior approval from the RA.
  2. Appropriate supporting details for out of state travel (per diem, airfare, registration fees, miscellaneous, etc.) must be reported in the Annual Training Plan.
  3. Deviations from the Annual Training Plan involving out of state travel to courses and/or locations other than those proposed must be approved in writing by the RA prior to the actual travel.
  4. Travel for the purpose of performing accompanied visits shall be charged to Administration.

Attendance at professional development conferences such as the following are not considered OSHA-required training and, therefore, may not be funded with 100% federal funds.

  1. Voluntary Protection Program Participants' Association (VPPPA);
  2. American Industrial Hygiene Association (AIHA);
  3. American Society of Safety Engineers (ASSE), and;
  4. National Safety Council (NSC).

A Project Manager may use Cooperative Agreement funds to provide an opportunity for each professional safety or health employee to attend a professional development conference of three to five days duration generally once every two years.

However, the percentage of Cooperative Agreement funds used to pay for the individual's attendance at such a conference may not exceed the percentage of time for which that employee is dedicated to the Cooperative Agreement. For example, if a safety professional is dedicated at 0.5 FTE, then no more than 50 percent of the cost of attending the conference may be charged to the Cooperative Agreement.

Note: Costs associated with attendance and travel to professional development conferences of individuals in positions that are not funded by the Cooperative Agreement may not be allocated to the Cooperative Agreement.

Travel for positions listed in Administration:

Costs shall include travel required to attend:

  1. Safety and health conferences (subject to the restrictions in Section V.B., above);
  2. Regional and national On-site Consultation Program meetings, and;
  3. Professional development/training courses.

Note:
  1. Appropriate supporting details for out of state travel (per diem, airfare, registration fees, miscellaneous, etc.) must be reported in the Annual Training Plan.
  2. Deviations from this plan involving out of state travel to courses and/or locations other than those proposed must be approved in writing by the RA prior to the actual travel.

Annual On-site Consultation Training Conference:
Attendance at the Annual On-site Consultation Training Conference is required for all Project Managers, and to the extent that funds are available for the safety health supervisors and senior consultants. The conference is considered required Federal travel and, therefore, may be funded 100% with Federal funds. The cost of travel for all participants to the Annual On-site Training Conference must be charged to administration.

EQUIPMENT

Includes the costs of consultant technical equipment having:

  1. A useful life of more than one year and;
  2. A unit acquisition cost of $5,000 or more;
  3. Except as defined in VI.B. Special Provision.

All equipment so defined shall be listed in the Equipment Procurement Request. See OMB Circular A-87.

Includes the costs of office equipment and machinery having:

  1. A useful life of more than one year and;
  2. A unit acquisition cost of $5,000 or more;
  3. Except as defined in the Special Provisions VI.B.

All equipment so defined shall be listed in the Equipment Procurement Request.

SUPPLIES

Includes the costs of all tangible consultant technical property and materials other than equipment as defined above.
Note: Please itemize and describe all supply costs.

Includes the costs of all tangible office property and desktop materials other than equipment as defined in this section.
Note: Please itemize and describe all supply costs.

CONTRACTS

Includes the costs of contracts with all sources, whether non state government, state government or private sources, for the provision of services associated with consultant field activities (e.g., occupational health consultation, laboratory sample analysis in states having a Plan approved under Section 18 of the Act, and consultant health monitoring and medical examinations).

Note: The detail for laboratory sample analysis costs shall include the number of samples projected for the fiscal year.

Includes the costs of contracts with all sources, whether non state government, state government or private sources, for the provision of administrative support services (e.g., service contracts for maintenance of office equipment, leasing of photocopiers, fiscal services, etc.).

OTHER COSTS/CHARGES

Other costs and charges includes the costs of:

  1. Equipment calibration and repair services for equipment which cannot be serviced by the OSHA Cincinnati Technical Center (list all equipment);
  2. Non travel costs of required or approved training for consultants (limited to tuition fees, registration fees, textbooks, course materials, etc.) and;
  3. Costs of all other miscellaneous consultative items which are not allocated above.

Miscellaneous costs include but are not limited to:

  1. The proportion of rent, and utilities;
  2. Communications, and data processing;
  3. Postage, freight, etc. associated with the delivery of consultative services by On-site Consultation staff;
  4. Subscriptions to safety and health journals; and training aids;
  5. Instructional programs and promotional materials which are used by on-site consultants to perform consultation activities.

Note: Consultants are required to conduct marketing activities, and the On-site Consultation Projects may create items to assist in the marketing and promotion of the On-site Consultation Program. Acceptable items include but are not limited to: brochures, CDs, and small items with the individual logo of the On-site Consultation Program (e.g., sticky pads, pens, bookmarks, etc.)

Other cost and charges includes:

  1. Non travel costs of required or approved training for management personnel (limited to tuition fees, registration fees, textbooks, course materials, etc.) and;
  2. Costs of all other miscellaneous administrative items that are not allocated above.

These costs include but are not limited to:

  1. The proportion of rent and utilities;
  2. Communications, and data processing;
  3. Postage, freight, etc. associated with the management of the On-site Consultation Program by administrative staff.
TOTAL DIRECT CHARGES The total of all of the costs for Consultation. The total of all of the direct costs for Administration.

INDIRECT CHARGES

N/A

Includes charges based on an approved indirect cost rate agreement for the grant period.


  • SPECIAL PROVISIONS

    1. A listing of approved positions is contained in Appendix D: Staffing Chart for this Agreement. Key personnel include the project manager, supervisors, and consultants. Any changes in these positions must be approved in advance by the RA.

    2. Computer equipment (hardware and software), regardless of unit cost, requires prior written approval of DCSP in consultation with DAP and must be listed in the Approved Equipment Procurement Listing in Appendix H.

    3. Unless a State has made special provisions for such, substantive programmatic work may not be transferred to another agency (sub-recipient) under this agreement.

    4. The laboratory designated by OSHA to provide analysis of samples for all projects shall be:
      WISCONSIN OCCUPATIONAL HEALTH LABORATORY
      2601 Agriculture Drive
      Madison, Wisconsin 53718
      Telephone: (608) 224-6216
      Fax: (608) 224-6213
      Contact: Mr. Steve Strebel
    5. The federal cost principles applicable to this project are:

      1. Cost Principles for State and Local Governments
        (OMB Circular A 87, relocated to 2 CFR Part 225)

      2. Cost Principles for Educational Institutions
        (OMB Circular A 21, relocated to 2 CFR Part 220)

    6. Financial reporting forms required of all projects and their frequencies of submission are:

      1. The Federal Financial Report (FFR) SF-425 is due 30 days after the end of each Federal fiscal quarter with the close-out report due 90 days after the end of the performance period. All reports will be electronically submitted via the DOL E-Grants System to report the status of all funds awarded. The Region will review the reports once submitted in the DOL E-Grants system.

        1. Quarterly Reporting. Recipients, who have accounting systems that prohibit them from meeting the Office of Management and Budget (OMB) requirements on the submission of financial reports, as outlined in this section, must have written approval from the RA to establish an alternative schedule for submission of financial reports. The approved state-specific schedule must also be submitted to the National Office for inclusion in the official file.

        2. Close-out Reporting. All agreements must be closed 90 days after the end of the performance period (generally December 31) using the DOL E-Grants system for electronic transmittal.

        3. Close-out Extensions. Recipients unable to close out by December 31 are required to request a close-out extension in writing by December 1, providing an explanation of why they cannot close out in a timely manner. An interim (preliminary) Federal Financial Report (covering October - December) is due on January 31, even when a close-out extension has been approved. All close-out extensions must be coordinated in advance with the Regional Office and transmitted to the National Office for inclusion in the official file, and any extensions beyond February 28 must be approved by the National Office.

      2. Cooperative Agreement (Form OSHA-110) must accompany the Application for Federal Assistance (SF-424). This is the only time this form is completed.

      3. Cooperative Agreement Amendment (Form OSHA-113) may be required to amend the Cooperative Agreement as a result of Congressional action.

      4. Other performance reports and copies of forms that may be required for program management purposes will be distributed as necessary.

    7. Unless different instructions are provided by the Director of DCSP or through the OSHA Directives system, all reports required under this agreement and all requests for agreement modification shall be delivered (or mailed) to the RA.

    8. It is agreed that OSHA may unilaterally modify this agreement whenever necessary to conform to new regulations, new applications, or official interpretations of Department of Labor or Office of Management and Budget regulations.

    9. Approval of this agreement is contingent upon Congressional action on the Department of Labor's appropriation for FY 2014.

    10. It is hereby certified by the State that matching state funds are or will be available during the tenure of this agreement.

    11. In no case shall the State be liable for more than 10 percent of actual expenditures (exclusive of 100 percent Federal funds or any State overmatch funds) under this agreement.

    12. Where appropriate, restrictions to the agreement may be added by the Assistant Secretary to ensure that the recipient fully complies with specific terms and condi-tions of the Cooperative Agreement, Department of Labor administrative requirements set forth at 29 CFR Parts 95 (Institutions of Higher Education) and 97 (State and Local Governments), or provisions set forth in 29 CFR 1908. These include the enforcement provisions found in 29 CFR 95.62 and 29 CFR 97.43. When a Cooperative Agreement is approved subject to the inclusion of one or more restrictions, it is hereby understood by the recipient that such approval is granted contingent upon meeting the conditions specified within the prescribed time frame.

    13. Recipients shall prepare their agreement packages for the maximum amount they can match within the authorized amount. If a recipient is unable to match the authorized award, the award amount will be reduced to reflect the amount the recipient is able to match. These reductions will carry over into subsequent years. Additionally, any increases/decreases will be based on executed award amounts, not proposed funding levels.

    14. OSHA Information System (OIS) - Training. Training for all OIS users is ongoing in FY 2013 and beyond and will eventually be housed at the OSHA Training Institute. Current planning is for each user to be trained on those OIS modules that are relevant to their assigned work. The majority of training will take place via the Internet. States should include funding for the travel associated with such training in their grant applications.

    15. Connectivity. As OIS is a web-based system accessible via OSHANet, Non-OSHANet users will access OIS via the OSHA eAuthentication portal. Non-OSHANet users will need access to the Internet, preferably by high-speed connection, e.g., T1 lines, in order to enter and retrieve data interactively. (OIS is expected to have an offline/standalone capability in a later phase, but not as initially deployed.) States not on OSHANet should include plans and appropriate funding in their grant for upgrading their Internet connectivity.

    16. To maximize use of the new OIS's features and enhanced capabilities, and to address the increasing role of video, the following is recommended for incorporation into the State's Information Technology (IT) capabilities:

      1. Network Bandwidth capacity of at least 1.544 MB (e.g., T-1 Line or higher);

      2. Compliance with Federal and Department of Labor IT Security Requirements (e.g., Desktop/Mobile encryption); and

      3. Compliance with the OSHA Desktop/Mobile hardware/software configuration.

    17. States must continue to designate individual(s) to assist OSHA with OIS training for newly-hired staff and retraining or additional training of existing staff.

    18. Marketing the On-site Consultation Program. As marketing the On-site Consultation Program is a requirement, small items used to assist in the marketing of the program may be purchased. Acceptable items include but are not limited to: brochures, CDs, and small items with the individual logo of the On-site Consultation Program (e.g., sticky pads, pens, bookmarks, etc.).

    19. State Emergency Response. If a State On-site Consultation Program has an agreement with the Regional Administrator to use On-site Consultation resources to provide assistance during state emergencies outside those activities authorized under this Cooperative Agreement or OSHA Directive "National Emergency Management Plan" (HSO 01-00-001), the State must identify the terms of the agreement (an operational description by strategy, activities, and anticipated outcome) within Appendix E of this agreement. The Regional Administrator's approval is required before On-site Consultation resources are expended in response to state emergencies.

  • OPTIONAL INSERT(S) TO THE COOPERATIVE AGREEMENT


    Below are formats for "Additional Special Provisions" which, if appropriate, would be inserted in the Agreement following Section VI.R.

    1. Provisions below pertain to Items VI.C-D of the Agreement:

      Substantive programmatic work is being transferred to another agency (sub-recipient) under this Agreement, as follows:
      Scope of transfer:
      Agency name:
      Address:
      Telephone number: (     )
      Contact person:
    2. For some States, the following provision applies (insert "Safety" or "Health" as appropriate):
      This Agreement covers consultation for _________ only; a separate agreement between OSHA and the state will cover _________.

    Assurances and Certifications
    Non-Construction Programs


    Note: Certain of these assurances may not be applicable to your project. If you have questions, please contact the awarding agency. Some Federal awarding agencies may require applicants to certify to additional assurances. If this is the case, you will be notified.

    As the duly authorized representative of the applicant, I certify that the applicant:

    1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non Federal share of project costs) to ensure proper planning, management and completion of the project described in this application.

    2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accord with generally accepted accounting standards or agency directives.

    3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

    4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

    5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of the Office of Personnel Management's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).

    6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290dd 3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and Section 188 of the Workforce Investment Act of 1998 (P.L. 105-220), as it relates to the prohibition against national origin discrimination for persons with limited English proficiency (pursuant to Executive Order 13166 issued August 11, 2000); (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application.

    7. Will comply with Executive Orders 12876, 12900, 12928, and 13021 by strongly encouraging contractors to provide subcontracting opportunities to Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal Colleges and Universities.

    8. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

    9. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501 1508 and 7324 7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

    10. Will comply, as applicable, with the provisions of the Davis Bacon Act (40 U.S.C. §§ 276a to 276a7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 333), regarding labor standards for federally-assisted construction sub-agreements.

    11. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance, if the total cost of insurable construction and acquisition is $10,000 or more.

    12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accord with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 205).

    13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.), related to protecting components or potential components of the national wild and scenic rivers system.

    14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a 1 et seq.).

    15. Will comply with the National Research Act (P.L. 93 348), regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

    16. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance.

    17. Will comply with the Lead Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

    18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 (P.L. 98-502), the Single Audit Act Amendments of 1996, and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."

    19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program.

    20. Will comply with the requirements for Federal Funding Accountability and Transparency Act (2 CFR Part 170) and the Universal Identifier and Central Contractor Registration (2 CFR Subtitle A, Chapter I and Part 25).

    21. In accord with Section 516 of the 1989 Department of Labor Appropriation Act, the grantee agrees that when issuing statements, press releases, requests for proposals, bid solicitations or other documents describing the grant project or program, the grantee shall clearly state the percentage of the total costs of the program or project which will be or is being financed with Federal money.

    22. In accord with the Drug Free Workplace Act of 1988, the grantee certifies that it will provide a drug free workplace by:

      1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

      2. Establishing a drug free awareness program to inform employees about:

        1. The dangers of drug abuse in the workplace;
        2. The grantee's policy of maintaining a drug free workplace;
        3. Any available drug counseling, rehabilitation, and employee assistance programs; and
        4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

      3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

      4. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:

        1. Abide by the terms of the statement; and
        2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;

      5. Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;

      6. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:

        1. Taking appropriate personnel action against such an employee, up to and including termination; or
        2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

      7. Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

    Lobbying Certification
    1. The undersigned certifies, to the best of his or her knowledge and belief, that:

      1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or an employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal award, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal award, grant, loan, or cooperative agreement.

      2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activity," in accord with its instructions.

      3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants) and that all sub-recipients shall certify and disclose accordingly.

        This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

      4. Section 18 of the "Lobbying Disclosure Act of 1995," signed by the President on December 19, 1995, requires that any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986 which engages in lobbying activities shall not be eligible for the receipt of Federal funds constituting an award, grant or loan.

        1. This is to certify that we are_____/are not_____ an IRS 501(c)(4) entity.
        2. As an IRS (501(c)(4) entity, we have______/have not_____ engaged in lobbying activities.
    SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
     
     
    TITLE
    APPLICANT ORGANIZATION
     
     
    DATE SUBMITTED

     

    Appendix A- Cooperative Agreement-20

     


     

    OSHA Restrictions and Conditions

    As the duly authorized representative of the applicant, I certify that the applicant:

    1. Takes responsibility for encouraging employers to request consultative assistance and shall publicize the availability of its consultative service and the scope of the service that will be provided.

    2. Explains to employers that the employer receiving On-site Consultation services remains under statutory obligation to provide safe and healthful working conditions to their employees.

    3. Explains to employers that no referrals will be made to OSHA enforcement unless the employer fails to eliminate a serious hazard identified by a consultant.

    4. Explains to the employer the requirements for participation in the Safety and Health Achievement Recognition Program (SHARP).

    5. Explains to employers requirements for attainment of Pre-SHARP status.

    6. Assigns priority in scheduling to requests from businesses with the most hazardous operations, with primary attention to smaller businesses. Preference is given to the smaller businesses that are in high-hazard industries or that have the most hazardous conditions at issue in the request.

    7. Prepares appropriately for visits, including making the appropriate provisions for the personal safety and health of the consultant(s) conducting the visit or activity.

    8. Conducts an initial on-site visit consisting of an opening conference, an examination of those aspects of the employer's safety and health program that relate to the scope of the visit, a hazard survey, and a closing conference.

    9. Retains the right to confer with employees during an on-site visit.

    10. During the opening conference, explains the relationship between On-site Consultation and enforcement and also explains the employer's obligation to protect employees if certain hazardous conditions are identified.

    11. Focuses on-site activity primarily on those areas, conditions, or hazards within the requested scope of the visit.

    12. During on-site activity, advises the employer of the employer's obligations and responsibilities under applicable Federal or State law and implementing regulations.

    13. When identifying hazards, indicates to the employer, using the consultant's best judgment, whether the situation would be classified as a serious or other-than-serious hazard.

    14. 14. Informs the employer that the employer is obligated to take immediate action to eliminate hazards that pose an imminent danger.

    15. Establishes a time frame for the correction of each hazard identified during on-site activity, and provides the employer with a "List of Hazards," and advises the employer to post the "List" until the hazard is corrected or for three days, whichever is longer.

    16. Ensures that employers who have been granted extensions for the correction of serious hazards demonstrate having made a good faith effort to correct the hazard within the established time frame; show evidence that correction has not been completed because of factors beyond the employer's control; and show evidence that the employer is taking all available interim steps to safeguard the employees against the hazard(s) during the correction period. All assurances regarding the correction of serious hazards must be in writing.

    17. Informs the employer that the employer's failure to correct an identified serious hazard within the established time frame (or extension of the time frame) results in notification of the appropriate OSHA enforcement authority.

    18. Ensures that the appropriate OSHA enforcement authority is notified if an employer fails to take the action necessary to correct a serious hazard within the established time frame or any extensions granted.

    19. Prepares and sends to the employer a Written Report containing substantive findings or recommendations.

    20. Preserves the confidentiality of information which identifies employers who have requested the services of the On-site Consultation Program as well as information pertaining to and/or obtained during an on-site visit, such as the employer's written report.

    21. Preserves the confidentiality of information pertaining to commercial or trade secrets that may have been obtained during an on-site visit.

    22. Conducts consultative activity independently of any OSHA enforcement activity.

    23. Does not provide to OSHA the identity of, or files pertaining to, employers requesting On-site Consultation Program services for any compliance inspection or scheduling activity, except in cases where the employer has failed to eliminate an imminent danger, failed to correct or eliminate a serious hazard, or where the employer has elected to participate in SHARP or a cooperative program that permits an exemption or deferral from enforcement inspections.

    24. Assures that On-site Consultation visits already in progress have priority over OSHA compliance inspections except in the case of imminent danger, fatality/catastrophe investigations, complaint investigations, referrals, or other investigations deemed critical by the Assistant Secretary.

    25. Terminates on-site visits in response to imminent danger, fatality/catastrophe investigations, complaint investigations or other investigations deemed critical by the Assistant Secretary.

    26. Does not conduct On-site Consultation visits while OSHA enforcement inspections are "in Progress." On-site consultations shall only take place with regard to those citation items which have become final orders.

    27. Explains to the employer that requirements pertaining to serious hazards apply equally to other-than-serious hazards for participation in SHARP.

    28. Uses consultants who are employees of the State and are qualified under State requirements for employment in the field of occupational safety and health.

    29. Applies minimum requirements for consultants that include the ability to recognize hazards and assess employee exposure and risk, knowledge of OSHA standards, knowledge of hazard correction techniques and practices, knowledge of workplace safety and health program requirements, skill in effective written and oral communication, and any additional degrees or experience required by the Assistant Secretary.

    30. Maintains an organized system for monitoring the performance of consultants.

    31. Organizes and compiles information relating to the training conducted by consultants, including the type of training, the identity of individuals conducting such training, how often such training is offered, and makes such information available to the Regional Administrator upon request. This should include information related to both training visits and compliance assistance.

    32. Submits narrative reports and compiles and submits data, such as Integrated Management Information System (IMIS) data, or data from its successor the OSHA Information System (OIS), that is needed for monitoring and evaluation purposes, as required, to the Regional Administrator.

    33. Agrees to pay OSHA for mainframe processing services, telecommunications and other services provided through IMIS, or its successor, the OIS, based on quarterly bills. The fourth quarter payment will be based on an estimated bill. All bills must be paid upon receipt but no later than September 15th. Any adjustments between actual charges and estimates will be made in the first quarter of the following fiscal year, as necessary.

    34. Agrees to adhere to all requirements for OSHANet participation (including hardware and software specifications) and to pay OSHA for requested services provided, including telecommunications charges, an annual service fee for operation and maintenance costs, software licenses, set-up of sites, servers, inappropriate use investigations, retrieval of information related to e-discovery requirements, and annual user fees for remote access. States must maintain an appropriate maintenance and repair contract for their OSHANet network equipment (server/backup unit/router/power supply) after the initial warranty period expires. (For items billed quarterly, the fourth quarter payment will be based on an estimated bill. All bills must be paid upon receipt but no later than September 15th. Any adjustments between actual charges and estimates will be made in the first quarter of the following fiscal year, as necessary.)

    35. Consults with the Directorate of Administrative Programs and any other designated official prior to expending Federal or State matching funds for the purchase of any data processing/computer equipment or software that will be used to connect to OSHA systems (locally or remotely) or otherwise provide information to OSHA to assure that equipment and software meet the current requirements necessary to run or operate OSHA applications even if not participating in OSHANet. All State recipient representatives must complete, sign and submit a Hardware/Software Purchases Rules of Behavior form to the Director, Directorate of Administrative Programs in accord with IT guidelines. Desktop or laptop computers and software that will be used to access OSHA systems, including the CSHO and On-site Consultation PC Applications, Whistleblower application, and new web-based and other applications as deployed, etc., must meet the minimum OSHA specifications. Current hardware and software specifications are posted on the IT Help Desk page on the OSHA Intranet/Limited Access Page and are available in Appendix P.

    36. Agrees that all new desktop and laptop computers conform with the Directorate of Administrative Programs standard desktop/laptop configurations, operating system and Microsoft products (currently MS XP with current patches and Windows 7 ready).

    37. Agrees that all desktops and laptops that connect to the OSHANet must be configured with the OSHA image. Software that is not part of the OSHA standard image must be approved by the Directorate of Administrative Programs prior to purchase and once received must be approved for installation.

    38. If not participating in OSHANet, assures, in order to protect sensitive information, including Personally Identifiable Information, and meet Office of Management and Budget (OMB) and Department of Labor requirements, that encryption software meeting the requirements of the NIST Federal Information Processing Standards (FIPS) 140-2 has been installed on all computers/devices that access OSHA systems, and its use required by all users. This must include full disk encryption of all mobile computers and file-level encryption of data downloaded from OSHA information systems to portable storage devices.

    39. If participating in OSHANet submits a consolidated monthly report of staff separations and hires from each State IT person or other designated staff by the 15th of each month for the previous month to OSHA HIRETERM@DOL.GOV. This will allow the Directorate of Administrative Programs to perform the required audit of new and deleted accounts from the system and ensure all required account request documentation has been received. State recipients that participate in the OSHA IMIS system or the OIS are also required to provide the same monthly reports.

    40. If participating in OSHANet and the OSHA IMIS system or the OIS submits an account request form with the signed security training form if a new account is requested. Upon separation, an account deletion form is required to be submitted the same day of departure. The form should clearly mark all account(s) to be deleted (i.e., Citrix, OSHANet, IMIS, OIS, etc.) and faxed to the OSHA IT Help Desk at 202-693-1617 (fax).

    41. Agrees that all system users (OSHANet and other OSHA applications) must adhere to Federal, Department of Labor (DOL), and OSHA computer security and inventory of Federal Government assets issued (i.e., tokens) policies and procedures.

    42. Agrees that all OSHA system users will complete the DOL Information System Security Awareness (ISSA) Training and any other federally mandated or DOL-required computer security training to be specified, within the time frame prescribed by the Directorate of Administrative Programs.

    43. Agrees that all users of the OSHANet and other OSHA applications will sign all annual Rules of Behavior, an example of which can be found at Appendix P.

    44. Agrees to all agency requirements for use of Extranet accounts, including assignment of an approving official in each state for all new accounts, review by the approving officials to ensure the validity of all accounts every 6 months, and requirements for passwords for individual accounts.

    45. Understands that all desktops, laptops and servers connected to the OSHANet are subject to an annual software audit to ensure compliance with Executive Order 13103, "Computer Software Piracy," the U.S. Copyright Act, Title 17 U.S.C., Department of Labor software management and acceptable use policy, and vendor software license agreements. If an audit is run, all supporting documentation and required corrections must be provided to close all audit findings within the specified time frame.

    46. Understands that no Section 21(d) or matching state funds may be expended for the purchase of internal peripherals or other modifications, except replacement parts, in conjunction with the NCR equipment, without prior approval from the Directorate of Administrative Programs. States must maintain an appropriate maintenance and repair contract for their NCR equipment, until OIS is fully implemented.

    47. Will not expend any 21(d) or matching state funds from this agreement to fund activities or provide services to farms with ten or fewer employees where there has been no temporary labor camp in the previous twelve months. (Only State Plan states may conduct visits on these farms, provided that 100 percent state funds are used, and the state has an accounting system in place to assure that no Section 21(d) or matching funds are expended on these activities.)

    48. Will not expend any 21(d) or matching state funds from this agreement to fund the purchase of equipment and/or to support programmatic efforts under the jurisdiction of and/or funded by another Federal agency.

    49. Will ensure that any funding provided by another Federal agency related to safety and health training and/or equipment will not undermine 21(d) On-site Consultation activity.

    50. States are encouraged to promote safety or health professional certification of their employees by a nationally recognized accrediting organization. Cooperative Agreement funds may be used to pay for the costs associated with a professional certification preparation course and the examination, including travel and per diem. No Section 21(d) or matching state funds may be expended for costs associated with a second or subsequent attempt to obtain certification by employees who fail on their first attempt, except for the cost of the examination itself and related travel and/or per diem for a second attempt only. Certification costs cannot exceed the percentage of time for which an employee is dedicated to the cooperative agreement.

    51. Will not expend 21(d) or matching state funds for annual fees associated with maintaining professional certifications.

    52. Agrees to pay OSHA for costs associated with the conduct of OSHA Training Institute (OTI) training courses conducted for the State at the State's request. The State will pay for travel and per diem for OTI instructors, shipping charges, consultant trainer fees, equipment rental and training facility rental. All bills must be paid upon receipt but no later than September 15th. Any adjustments between actual charges and estimates will be made in the first quarter of the following fiscal year, as necessary.

    53. Agrees to allow and require their consultants to attend mandated training, including training which may only be offered out-of-state.

    54. Agrees to comply with monitoring requirements contained in 29 CFR 1908, the Consultation Policies and Procedures Manual, or in the Cooperative Agreement (including Mandated Activities Report for Consultation (MARC) requirements) and understands that failure to do so may result in noncompliance with the OSHA cooperative agreement.

    SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
     
     
    TITLE
    APPLICANT ORGANIZATION
     
     
    DATE SUBMITTED

     

    Appendix A- Cooperative Agreement-26

     


     

    APPENDIX B
    Checklist and Recommended Order of Required Documents
    for the Federal On-site Consultation Cooperative Agreement


    Mandatory Forms (must be electronically completed in Grants.gov)

    ☐ Application for Federal Assistance, (SF-424)
    ☐ Budget Information - Non-Construction Programs, (SF-424A)

    Mandatory Attachments (may be scanned into one Adobe Acrobat file or submitted individually).

    (OSHA prefers the entire application be submitted as a single document, but if that is not possible, please note that there is a 15 attachment limit per application.)
    The Consultation Annual Project Plan (CAPP):
    ☐ Overview of the On-site Consultation Project
    ☐ Organizational Chart
    ☐ Staffing Chart
    ☐ Changes in Project's Status (if any)
    ☐ Operational Description by Annual Performance Goal

    ☐ Projected Program Activities

    ☐ Strategy and Targets for Safety and Health Achievement Recognition Program

    ☐ Changes to the Internal Quality Assurance Program

    The Cooperative Agreement for OSHA On-site Consultation:

    Cooperative Agreement for OSHA On-site Consultation under Sections 21(c) and 21(d) of the Occupational Safety and Health Act of 1970, including:

    ☐ Assurances and Certifications Non-Construction Programs
    ☐ Lobbying Certifications
    ☐ OSHA Restrictions and Conditions
    ☐ Equipment Inventory
    ☐ Approved On-site Consultation Equipment Procurement Listing
    ☐ Training Plan
    ☐ Accompanied Visit Plan

    Other Financial Forms:

    ☐ Cooperative Agreement, (Form OSHA-110)
    ☐ Supporting Details of Anticipated Costs
    ☐ Consultation
    ☐ Administration

     

    Appendix-B

     


     

    APPENDIX C
    Checklist of Required Components of the CAPP


    Organizational chart.
    Staffing chart and Safety and Health Certification Chart. (See Appendix D). The chart must contain the number of full and part-time staff employed by the On-site Consultation Project, expressed in full-time equivalents (FTEs), for each category of staff. All projects must have the equivalent of two safety and two health professionals, in addition to managerial and support personnel. The numbers in the chart in Appendix D are examples only. The certification chart should include staff names and list all safety and health certifications.
    Description of any changes in the On-site Consultation Project's status. Change(s) in Project's Status. Any changes in the status of the Project, such as the organizational unit within which the On-site Consultation Project is located or the structure of the unit or organization must be provided.
    Detailed operational description identifying the year's strategies, activities, and their intended outcomes. List and discuss each of the applicable OSHA Annual Operating Plan areas of emphasis to be supported by the Project, local emphasis programs and special initiatives, including a description of each of the following elements:
    1. Strategies. Describe the specific strategies that will be used to target results for that performance goal (for example, developing and promoting a Web-based chat room for discussion of safety and health program issues, or partnering with other State agencies to promote training around the State).

    2. Activities. List the type and projected number of activities. These should correspond to the activities listed in the Projected Activity Chart.

    3. Impact. Describe the anticipated impact of performing the activities described.

    The tabular format in Appendix E contains the categories of all required information.

    Projected Program Activities chart. Estimate the total number of On-site Consultation activities to be performed during the year covered by the project plan, broken out by annual performance goal. Include the following information:
    1. Visits
    2. Combined Total Visits
    3. Safety and Health Achievement Recognition Program (SHARP)
    4. Pre-SHARPs
    5. Compliance Assistance/Other Non-Visit Related Activities
    6. Industries, Hazards and Measure Statistics

    Appendix F-1
    Contains the categories of all required information for 21(d) projects in federal jurisdiction states and State Plans adopting the Federal emphasis industries, hazards and measures.
    Appendix F-2
    Contains categories of all required information for 21(d) Projects in state-plan states with State emphasis industries, hazards, and measures.

    Description of the On-site Consultation Project's strategy and targeted industries for marketing On-site Consultation services and SHARP.
    Detailed description of changes to its Internal Quality Assurance program.
    Appendix-C

     


     

    APPENDIX D-1
    Staffing Chart (Sample)


    ON-SITE CONSULTATION PROJECT STAFF CATEGORY OCCUPIED POSITIONS* NUMBER OF VACANT POSITIONS***
    NUMBER OF PERSONNEL NUMBER OF FTEs
    1. Managerial Staff 1 0.75 0
    2. Consultants–Safety 2 1.50** 1
    3. Consultants–Health 2 2.00 0
    4. 100% State-Funded Consultants–Safety 1 0.50 0
    5. 100% State-Funded Consultants–Health 1 0.50 0
    6. Clerical/Data Systems Support 2 2.00 0
    7. Marketing Staff 1 0.25 0
    8. Trainers 1 1.00 0
    9. Other (identify) 1 0.25 0
    TOTALS 12 8.75 1
        * Report only occupied positions at the time of application submission.
      ** Prior Approval received from Director of DCSP.
    *** Positions vacant at the time of application submission.

     

    Appendix D-1

     


    APPENDIX D-2
    Safety and Health Certifications Chart (Sample)
    Staff Name Safety and Health Certifications
    Ex: Joe Smith Certified Safety Professional, Certified Industrial Hygienist
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

     

    Appendix D-2

     


     

     

    APPENDIX E
    Operational Description by Strategy, Activities, and Outcomes
    Federal
    Area of Emphasis Statement
    On-site Consultation Strategy Description of Planned
    On-site Consultation Activities
    Anticipated Impact of On-site
    Consultation Activities
    Area of Emphasis

    EXAMPLE:

    Reduce occupational hazards through direct interventions.
    EXAMPLE:

    1.1. Improve targeting to maximize the
    impact of direct interventions.
    1. Annually analyze data to identify best targets for direct interventions.
    2. Annually communicate priorities and effective intervention approaches.
    1.2. Reduce hazards by intervening at
    targeted worksites.
    1. Provide on-site consultation services to high-hazard worksites.
    1-3 Improve effectiveness of direct
    interventions.
    1. Analyze results and effectiveness of direct interventions to determine their impact on fatality, injury and illness rates.
    2. Identify and implement adjustments, including targeting new areas that will increase the impact of direct intervention activities.
    Activity 1 ...

    EXAMPLE:

    Provide information here on # of visits; will eventually be looking for # of hazards abated, if available.

    Activity 2 ...
    Result 1

    EXAMPLE:

    Reduction of occupational hazards through direct interventions.

    Result 2
    Area of Emphasis   Activity 1...
    Activity 2...
    Result 1
    Result 2
    Area of Emphasis
     
    Local Emphasis Program
     
    Special Initiative
     

     

    Appendix E

     


     

    Appendix F-1 PROJECTED PROGRAM ACTIVITIES

    (NAME OF STATE)
    FY 2014 OPERATING PLAN
    Consultation Federal States and States that have adopted emphasis industries, hazards, and measures identical to OSHA's.

     

    Appendix-F1 - 1

     

     

    Appendix-F1 - 2

     


     

    Definitions for the FY 2014 Operating Plan Projected Program Activities Areas of Emphasis
    (Please note, if a change occurs to the NAICS listings during
    the fiscal year, contact your Regional Administrator for guidance.)
    1. Emphasis Industries

      1. NAICS 623110, 623210 and 623311 Nursing and Residential Care Facilities

        OSHA Instruction, National Emphasis Program for Programmed Inspections of Nursing and Residential Care Facilities, NAICS 623110, 623210 and 623311 (formerly SIC codes 8051-Skilled Nursing Care Facilities, 8052-Intermediate Care Facilities, and 8059-Nursing and Residential Care Facilities, Not Elsewhere Classified), (CPL 03-00-016) issued April 5, 2012, sets forth policy and procedures for targeting and conducting programmed inspections in this industry. The specific hazards being addressed include ergonomic stressors in patient lifting, bloodborne pathogens, tuberculosis, workplace violence, and slips, trips and falls.

      2. NAICS 23611 Residential Building Construction

        This industry comprises establishments primarily responsible for the construction or remodeling and renovation of single-family and multifamily residential buildings. Included in this industry are residential housing general contractors (i.e., new construction, remodeling or renovating existing residential structures), operative builders and remodelers of residential structures, residential project construction management firms, and residential design-build firms. Operations related to jobs that fall into other industry classifications, such as sub-contractors and construction services listed in the table "NAICS codes applying to residential, commercial and highway/street/bridge construction" at the end of this section.

        Cross-References. Establishments primarily engaged in –
        • Performing specialized construction work on houses and other residential buildings, generally on a subcontract basis -- are classified in Subsector 238, Specialty Trade Contractors;
        • Performing manufactured (mobile) home setup and tie-down work -- are classified in Industry 238990 All Other Specialty Trade Contractors; and
        • Constructing and leasing residential buildings on their own account -- are classified in Industry 531110 Lessors of Residential Buildings and Dwellings.

        The following link has more information on Residential Construction http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=23611&search=2007.

      3. NAICS 23622 Commercial and Institutional Building Construction

        This industry comprises establishments primarily responsible for the construction (including new work, additions, alterations, maintenance, and repairs) of commercial and institutional buildings and related structures, such as stadiums, grain elevators, and indoor swimming pools. This industry includes establishments responsible for the on-site assembly of modular or prefabricated commercial and institutional buildings. Included in this industry are commercial and institutional building general contractors, commercial and institutional building operative builders, commercial and institutional building design-build firms, and commercial and institutional building project construction management firms. Operations related to jobs that fall into other industry classifications, such as sub-contractors and construction services listed in the table "NAICS codes applying to residential, commercial and highway/street/bridge construction" at the end of this section.

        Cross-References. Establishments primarily engaged in –
        • Constructing structures that are integral parts of utility systems (e.g., storage tanks, pumping stations) or are used to produce products for these systems (e.g., power plants, refineries) -- are classified in Industry Group 2371 Utility System Construction, based on type of construction project;
        • Performing specialized construction work on commercial and institutional buildings generally on a subcontract basis -- are classified in Subsector 238, Specialty Trade Contractors; and
        • Constructing buildings on their own account for rent or lease -- are classified in Industry Group 5311 Lessors of Real Estate.

        The following link has more information on Commercial and Institutional Building Construction http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=23622&search=2007.

      4. NAICS 237310 Highway, Street, and Bridge Construction

        This industry comprises establishments primarily engaged in the construction of highways (including elevated), streets, roads, airport runways, public sidewalks, or bridges. The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this group if they are engaged in activities primarily related to highway, street, and bridge construction (e.g., installing guardrails on highways). Operations related to jobs that fall into other industry classifications such as sub-contractors and construction services listed in the table "NAICS codes applying to residential, commercial, and highway/street/bridge construction" at the end of this section.

        Cross-References. Establishments primarily engaged in —
        • Constructing tunnels -- are classified in Industry 237990 Other Heavy and Civil Engineering Construction;
        • Highway lighting and signal installation -- are classified in Industry 238210 Electrical Contractors;
        • Painting bridges -- are classified in Industry 238320 Painting and Wall Covering Contractors; and
        • Constructing parking lots and private driveways and sidewalks, or erecting billboards -- are classified in Industry 238990 All Other Specialty Trade Contractors.

        The following link has more information on Highway, Street, and Bridge Construction http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=237310&search=2007.

     

    Appendix-F1-4

     


     

    NAICS codes applying to residential, commercial, and highway/street/bridge construction
    NAICS Industry SIC
    221122 Electric power distribution 4911, 4931, 4939
    221210 Natural gas distribution 4923, 4924, 4925, 4932, 4939
    221300 Water, sewage, and other systems 4971, 4941
    236115 New single-family housing construction (except operative builders) 1521
    236116 New multifamily housing construction (except operative builders) 1522
    236117 New housing operative builders 1531
    236118 Residential remodelers 1521, 1522, 1531
    236210 Industrial building construction 1531, 1541, 1629
    236220 Commercial and institutional building construction 1531, 1541, 1542
    237110 Water and sewer line and related structures construction 1623, 1629, 1781
    237120 Oil and gas pipeline and related structures construction 1389, 1623
    237130 Power and communication line and related structures construction 1623
    237210 Land subdivision 6552
    237310 Highway, street, and bridge construction 1611, 1622
    237990 Other heavy and civil engineering construction 1629
    238110 Poured concrete foundation and structure contractors 1711
    238120 Structural steel and precast concrete contractors 1791
    238130 Framing contractors 1751
    238140 Masonry contractors 1741, 1771
    238150 Glass and glazing contractors 1793
    238160 Roofing contractors 1761
    238170 Siding contractors 1761
    238190 Other foundation, structure, and building exterior contractors 1791
    238210 Electrical contractors 1711, 1731
    238220 Plumbing, heating, and air-conditioning contractors 1711
    238290 Other building equipment contractors 1796
    238310 Drywall and insulation contractors 1742
    238320 Painting and wall covering contractors 1721
    238330 Flooring contractors 1752
    238340 Tile and terrazzo contractors 1743
    238350 Finish carpentry contractors 1751
    238390 Other building finishing contractors 1799
    238910 Site preparation contractors 1794, 1795
    238990 All other specialty trade contractors 1799

     

    Appendix-F1-5

     


     

    1. Primary Metals

      OSHA issued a National Emphasis Program to reduce or eliminate worker exposures in facilities under the Primary Metal Industries, a group of establishments engaged in the smelting and refining of both ferrous and non-ferrous metals on May 19, 2011. This emphasis area heightens health and safety awareness within the affected industries of the potential for worker exposure to harmful chemical and physical hazards. For more information related to this emphasis area, please review CPL-03-00-013.

    2. PSM Covered Chemical Facilities

      OSHA issued a National Emphasis Program (NEP) for inspecting facilities with highly hazardous chemicals (HHCs) in amounts at or greater than the threshold quantities listed in 29 CFR 1910.119 on November 29, 2011. Programmed inspections will be conducted in facilities that are known to OSHA as having a risk of catastrophic releases. Unprogrammed inspections will take place in PSM-covered facilities as described in this Instruction. This NEP does not apply to Petroleum refineries (NAICS 32411).

    3. Shipbreaking

      OSHA issued a National Emphasis Program to direct Inspections of Shipbreaking operations related to 20 identified hazards and workplace activities on November 4, 2010. The applicable OSHA standards and Shipyard Employment eTool on Shipbreaking are referenced in the Directive to assist the Consultants. In addition, Consultants may use Appendix A, in the Shipyard "Tool Bag" directive, to cross-reference and apply a 29 CFR Part 1910 standard when a 29 CFR Part 1915 standard does not address a recognized hazard in shipyard employment. For more information related to this emphasis area, please review CPL 03-00-012.
    1. Occupational safety and health hazard abatement emphasis areas

      1. Lead: OSHA issued a National Emphasis Program for Lead (CPL 03-00-009) on August 14, 2008, to reduce occupational illnesses and employee exposures to lead.

        Industries in the Lead National Emphasis Program
        SIC Industry NAICS
        1521 GC Single Family Residential Construction 236115, 236118
        1522 GC Other Residential Construction 236116
        1541 GC Non Residential Construction 236210, 236220
        1622 Bridge Tunnel Construction 237310
        1629 Heavy Construction, NEC 237990
        1721 Painting & Paper Hanging 238320
        1791 Steel Erection 238120
        1795 Wrecking and Demolition Work 238910
        1799 Special Trade Contractors NEC 237990, 238190, 238390, 238990
        2816 Manufacturing: Inorganic Pigments 325130, 325180
        2819 Manufacturing: Inorganic Chemicals NEC 325130, 325180, 325998
        2821 Plastics Materials, Synthetic Resins, & Non-Vulcanizable Elastomers 325211
        2851 Mfr of Paints, Varnishes, Lacquers, Enamels 325510
        3053 Mfr of Gaskets, Packing and Sealing Devices 339991
        3211 Manufacturing: Flat Glass 327211
        3229 Manufacturing: Pressed & Blown Glass Products 327212
        3231 Mfr of Glass Products Made of Purchased Glass 327215
        3312 Steel Works-Blast Furnaces 331110
        3331 Primary Smelting of Copper 331410
        3339 Primary Smelting of Non-Ferrous Metals 331410
        3341 Secondary Smelting of Non-Ferrous Metals 331314, 331420, 331492
        3351 Rolling, Drawing, Extruding of Copper 331420
        3356 Rolling of Non-Ferrous Metals Except Cu and AL 331491
        3366 Copper Foundries 331529
        3369 Non-Ferrous Foundries Except Cu and AL 331529
        3399 Primary Metal Products, NEC 331110, 331221, 331314, 331420
        3489 Ordinance & Accessories, NEC 332994
        3491 Manufacture of Industrial Valves 332911
        3492 Manufacture of Fluid Power Valves 332912
        3568 Mechanical Power Transmission Equipment 333613
        3675 Manufacture of Electronic Capacitors 334416
        3691 Storage Batteries 335911
        3692 Primary Batteries 335912
        3713 Manufacture of Truck/Bus Bodies 336211
        3715 Manufacture of Truck Trailers 336212
        5093 Scrap and Waste Materials 423930, 425110, 424120
        7532 Automotive Repair & Painting. 811121
        7539 Automotive Repair Shops NEC 811118, 811198
        7997 Membership Sports & Recreation Clubs 713910, 713940
        7999 Misc. Sports, Recreation & Amusement, NEC 713990

      2. Crystalline Silica: OSHA issued a Crystalline Silica National Emphasis Program (CPL 03-00-007) on January 24, 2008, to significantly reduce or eliminate employee overexposures to crystalline silica and control the health hazards associated with such exposures.

        Industries in the Crystalline Silica National Emphasis Program
        SIC Industry NAICS
        1521 General Contractors-Single-Family Houses 236115, 236118
        1522 General Contractors-Residential Buildings Other Than Single-Family 236115, 236118
        1541 General Contractors-Industrial Buildings and Warehouses 236210, 236220
        1611 Highway and Street Construction, Except Elevated Highways 237310
        1622 Bridge, Tunnel, and Elevated Highway Construction 237310, 237990
        1623 Water, Sewer, Pipeline, and Communications and Power Line Construction 237110, 237120, 237130
        1629 Heavy Construction, NEC 236210, 237110, 237120, 237130, 237990
        1721 Painting and Paper Hanging 237310, 238320
        1741 Masonry, Stone Setting, and Other Stone Work 238140
        1742 Plastering, Drywall, Acoustical, and Insulation Work 238310
        1761 Roofing, Siding, and Sheet Metal Work 238160, 238170, 238390
        1771 Concrete Work 238110, 238140, 238990
        1794 Excavation Work 238910
        1795 Wrecking and Demolition Work 238910
        1799 Special Trade Contractors, NEC 236220, 237990, 238150, 238190, 238290
        3251 Brick and Structural Clay Tile 327121, 327331
        3253 Ceramic Wall and Floor Tile 327122
        3255 Clay Refractories 327124
        3261 Vitreous China Plumbing Fixtures and China and Earthenware Fittings and Bathroom Accessories 327111
        3262 Vitreous China Table and Kitchen Articles 327112
        3264 Porcelain Electrical Supplies 327113
        3269 Pottery Products, NEC 327112
        3271 Concrete Block and Brick 327331
        3272 Concrete Products, Except Block and Bricks 327332, 327390,
        3273 Ready-Mixed Concrete 327320
        3281 Cut Stone and Stone Products 327991
        3291 Abrasive Products 327910, 332999
        3299 Nonmetallic Mineral Products, NEC 327112, 327420, 327999
        3312 Steel Works, Blast Furnaces (Including Coke Ovens), and Rolling Mills 324199, 331111, 331221
        3321 Gray and Ductile Iron Foundries 331511
        3322 Malleable Iron Foundries 331511
        3325 Steel Foundries, NEC 331513
        3334 Primary Production of Aluminum 331312
        3365 Aluminum Foundries 331524
        3366 Copper Foundries 331525
        3369 Nonferrous Foundries, Except Aluminum and Copper 331528
        3431 Enameled Iron and Metal Sanitary Ware 332998
        3441 Fabricated and Structural Metal 332312
        3443 Fabricated Plate Work (Boiler Shops) 332313, 332410, 332420
        3444 Sheet Metal Work 332321, 332322, 332439, 333415
        3471 Electroplating, Polishing, Anodizing, and Coloring 332813
        3479 Coating, Engraving, and Allied Services, NEC 332812, 339911, 339912, 339914
        3531 Construction Machinery and Equipment 333120, 333923, 336510
        3599 Industrial and Commercial Machinery and Equipment 332710, 332813, 332999, 333319, 333999, 334519, 336399
        3715 Truck Trailers 336212
        5032 Brick, Stone, and Related Construction Materials 423320, 425110, 425120, 444190
        7532 Top, Body, and Upholstery Repair Shops and Paint Shops 811121


      3. Combustible Dust: OSHA reissued a Combustible Dust National Emphasis Program (03-00-008) on March 11, 2008, to inspect facilities that generate or handle combustible dusts which pose a deflagration/explosion or other fire hazard. Some industries that handle combustible dusts include agriculture, chemicals, textiles, forest and furniture products, wastewater treatment, metal processing, paper products, pharmaceuticals, and recycling operations (metal, paper, flour, sugar, and plastic). The NEP expanded on an earlier Combustible Dust National Emphasis Program to focus on industries with more frequent and high-consequence dust incidents. The revised NEP focuses on 64 industries, shown in the two tables below. OSHA has determined that all sugar refineries (beet and sugarcane) in the Federal jurisdiction shall be inspected under this NEP.

        Industries in the Combustible Dust National Emphasis Program with More Frequent and/or High Consequence Combustible Dust Explosions/Fires
        SIC Industry NAICS
        2046 Wet Corn Milling 311221
        4911 Electric Services -- Establishments engaged in the generation, transmission, and/or distribution of electric energy for sale 221112
        2041 Flour and Other Grain Mill Products 311211
        2493 Reconstituted Wood Products 321219
        2899 Chemicals and Chemical Preparations, Not Elsewhere Classified 325510, 325998
        2099 Prepared foods and miscellaneous food specialties, not elsewhere classified 311212
        3471 Electroplating, Plating, Polishing, Anodizing, and Coloring 332813
        3341 Secondary Smelting and Refining of Nonferrous Metals 331314
        2834 Pharmaceutical Preparations 325412
        2499 Wood Products, Not Elsewhere Classified 321920, 321219
        2421 Sawmills and Planing Mills, General 321113
        2062 Cane Sugar Refining 311312
        2063 Beet Sugar (Establishments primarily engaged in manufacturing sugar from sugar beets) 311313
        3061 Molded, Extruded, and Lathe-Cut Mechanical Rubber Goods 326291
        3714 Motor Vehicle Parts and Accessories 336322
        3365 Aluminum Foundries 331524
        0723 Crop Preparation Services for Market, Except Cotton Ginning 115114, 115111
        2052 Fresh cookies, crackers, pretzels, and similar "dry" bakery products 311821
        2087 Flavoring extracts, syrups, powders, and related products, not elsewhere classified 311930
        2221 Broadwoven Fabric Mills, Manmade Fiber and Silk 313210
        2262 Finishers of Broadwoven Fabrics of Manmade Fiber and Silk 313311
        2299 Textile Goods, Not Elsewhere Classified 313111
        2431 Millwork 321911
        2434 Wood Kitchen Cabinets 337110
        2439 Structural Wood Members, Not Elsewhere Classified 321213, 321214
        2452 Prefabricated Wood Buildings and Components 321992
        2511 Wood Household Furniture, Except Upholstered 337122
        2591 Drapery Hardware and Window Blinds and Shades 337920
        2819 Industrial Inorganic Chemicals, Not Elsewhere Classified 325188, 325998, 331311
        2821 Plastic Materials, Synthetic Resins, and Nonvulcanizable Elastomers 325211
        2823 Cellulosic Manmade Fibers 325221
        2841 Soap and Other Detergents, Except Specialty Cleaners 325611
        2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products 325510
        2861 Gum and Wood Chemicals 325191
        3011 Tires and Inner Tubes 326211
        3069 Fabricated Rubber Products, Not Elsewhere Classified 326299
        3081 Unsupported Plastics Film and Sheet 326113
        3082 Unsupported Plastics Profile Shapes 326121
        3086 Plastics Foam Products 326140, 326150
        3087 Custom Compounding of Purchased Plastics Resins 325991
        3089 Plastics Products, Not Elsewhere Classified 326199
        3291 Abrasive Products 327910
        3313 Alumina and Aluminum Production and Processing 331312
        3334 Primary Production of Aluminum 331312
        3354 Aluminum Extruded Products 331316
        3363 Aluminum Die-Castings 331521
        3369 Nonferrous Foundries, Except Aluminum and Copper 331528
        3398 Metal Heat Treating 332811
        3441 Metal Cans 332431
        3469 Metal Stampings, Not Elsewhere Classified 332116
        3479 Coating, Engraving, and Allied Services, Not Elsewhere Classified 332812
        3496 Miscellaneous Fabricated Wire Products 332618
        3499 Fabricated Metal Products, Not Elsewhere Classified 332999
        3548 Electric and Gas Welding and Soldering Equipment 335129
        3644 Noncurrent-Carrying Wiring Devices 335932
        3761 Guided Missiles and Space Vehicles 336414
        3799 Transportation Equipment, Not Elsewhere Classified 333924
        3995 Burial Caskets 339995
        3999 Manufacturing Industries, Not Elsewhere Classified 321999, 325998, 326199
        4221 Farm product warehousing and storage 493130
        4952 Sanitary treatment facilities. 221320
        4953 Refuse Systems 562920
        5093 Scrap and waste materials 423930
        5162 Plastics materials and basic forms and shapes 424610


      4. Hexavalent Chromium: OSHA issued the National Emphasis Program - Hexavalent Chromium directive (CPL 02-02-076) on February 23, 2010, to identify and reduce or eliminate the health hazards associated with occupational exposure to hexavalent chromium and other toxic substances often found in conjunction with hexavalent chromium.

      5. Trenching: Activities where trenching exists.

      6. Isocyanates: This instruction combines enforcement and outreach efforts to raise awareness of employers, workers, and safety and health professionals to identify and reduce or eliminate the incidence of adverse health effects associated with occupational exposure to Isocyanates.

      7. Manufacturing Amputations: Activities in the following SICs only, where there is a potential exposure to an amputation hazard from working with power presses, saws, slicers, or shears.

        Industries That May Have Potential for Manufacturing Amputations

        SIC Industry NAICS
        2011 Meat Packing Plants 311611
        2013 Sausages and Other Prepared Meat Products 311612, 311613
        2015 Poultry Slaughtering and Processing 311615
        2022 Natural, Processed, and Imitation Cheese 311513
        2051 Bread and Other Bakery Products, Except Cookies and Crackers 311812
        2099 Food Preparations, NEC 311999
        2299 Textile Goods, NEC 313110, 313210, 313220, 313230, 313310, 314999
        2411 Logging 113310
        2421 Sawmills and Planing Mills, General 321113, 321912
        2426 Hardwood Dimension and Flooring Mills 321918
        2431 Millwork 321911, 321918
        2434 Wood Kitchen Cabinets 337110
        2448 Wood Pallets and Skids 321920
        2511 Wood Household Furniture, Except Upholstered 337122, 337215
        2621 Paper Mills 322121, 322122
        2653 Corrugated and Solid Fiber Boxes 322211
        2671 Packaging Paper and Plastics Film, Coated and Laminated 322220, 326112
        2673 Plastics, Foil, and Coated Paper Bags 326111
        2752 Commercial Printing, Lithographic 323111
        3089 Plastics Products, NEC 326199
        3272 Concrete Products, Except Block and Brick 327332, 327390
        3315 Steel Wiredrawing and Steel Nails and Spikes 331222, 332618
        3316 Cold-Rolled Steel Sheet, Strip, and Bars 331221
        3317 Steel Pipe and Tubes 331210
        3325 Steel Foundries, NEC 331513
        3423 Hand and Edge Tools, Except Machine Tools and Handsaws 332216
        3441 Fabricated Structural Metal 332312
        3443 Fabricated Plate Work (Boiler Shops) 332313, 332410
        3444 Sheet Metal Work 332322
        3446 Architectural and Ornamental Metal Work 332323
        3462 Iron and Steel Forgings 332111
        3465 Automotive Stampings 336370
        3469 Metal Stampings, NEC 332119
        3496 Miscellaneous Fabricated Wire Products 332618
        3499 Fabricated Metal Products, NEC 332999
        3544 Special Dies and Tools, Die Sets, Jigs, and Fixtures, and Industrial Molds 333511, 333514
        3564 Industrial and Commercial Fans and Blowers and Air Purification Equipment 333413
        3585 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment 333415
        3599

        Industrial and Commercial Machinery and Equipment, NEC

        333318, 333999
        3714 Motor Vehicle Parts and Accessories 336211, 336310, 336320, 336330, 336340, 336350, 336390


    2. Agency Measures:
      1. and b. Fatality measures
        • Fatalities in the construction industry associated with the four leading causes of workplace death – falls, electrocutions, caught in or between, and struck by.
        • Fatalities in general industry associated with the four leading causes of workplace death – falls, electrocutions, caught in or between, and struck by.

        Falls: Activities where a potential injury from a fall from elevation exists. For performance measurement, fatalities with event code 05 (fall (from elevation)) on the OSHA-170 are counted as fall fatalities. Falls from elevation are injuries produced by impact between the injured person and the source of injury, when the motion-producing contact was generated by gravity, and the point of contact with the source of injury was lower than the surface supporting the person at the inception of the fall. The following are examples of falls that would be recorded:
        • Falls from elevation to lower levels.
        • Falls from ground level to a lower level (into storm drains, excavations, etc.).
        • Falls through existing floor or roof openings (skylights, etc.).
        • Falls through the floor or roof surface (floor or roof collapses).
        • Jumps from structures and equipment.

        Electrocutions: Activities where a potential injury from an electrical hazard exists. For performance measurement, fatalities with nature code 10 (electric shock) on the OSHA-170 are counted as electrocution fatalities. Electrocutions are injuries resulting from contact with electricity, including lightning. Contact may be made directly from the power source to the person or indirectly, such as when a pipe being held contacts a power-line. In instances where an electric shock initiates a chain of events which results in an impact injury, the resulting accident event should be used. For example, if an electric shock knocks a worker from a ladder, the event should be coded as a Fall. Examples that would be recorded as Electrocutions include:
        • Contact with overhead power-lines;
        • Contact with electrical wiring, transformers, equipment, etc;
        • Contact with buried power-lines.

        Caught in/between: Activities where a potential injury from a caught in or between hazard exists. For performance measurement, fatalities with event code 02 (caught in or between) on the OSHA-170 are counted as caught in/between fatalities. Caught in/between injuries result from a person being squeezed, caught, crushed, pinched or compressed between two or more objects, or between parts of an object. This includes individuals who get caught or crushed in operating equipment, between other meshing objects, between a moving and stationary object, or between two or more moving objects. It also includes injuries from people trying to free themselves after being caught in an object or machine and from strangulation occurring when clothing is caught in running equipment. The key factor in making a determination between a Caught in/between event and a Struck by event is whether the impact of the object alone caused the injury. When the impact alone creates the injury, the event should be recorded as Struck by. Also, when the source of injury is free-flying or falling, or collapsing material, the event should be recorded as Struck by. When the injury is created more as a result of crushing injuries between objects, the event should be recorded as Caught in/between. Examples of events that should be classified as Caught in/between include:
        • Being pulled into or caught in machinery and equipment (this includes strangulation as the result of clothing caught in running machinery and equipment).
        • Being compressed or crushed between rolling, sliding, or shifting objects such as semi-trailers and a dock wall, or between a truck frame and a hydraulic bed that is lowering.

        Struck by: Activities where a potential injury from being struck by exists. For performance measurement, fatalities with event code 01 (struck by) on the OSHA-170 are counted as struck by fatalities. Struck-by injuries are produced by forcible contact or impact between the injured person and an object, piece of equipment, or falling material, when the motion producing the contact is primarily that of the object, equipment, or falling material, rather than the person. When the motion producing the contact is primarily that of the injured person, the event should be recorded as Struck against. Examples of accidents that should be recorded as Struck by include:

        • Struck by moving vehicle, machinery or equipment.
        • Struck by materials that are falling, flying, swinging, slipping, etc.

      1. Hearing loss in manufacturing and construction: Violations of 1910.95, 1926.52, 1926.101

      2. Illnesses in general industry and construction: Violations of

        PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS

        Subpart G—Occupational Health and Environmental Control
        1910.94 Ventilation.
        1910.97 Non-ionizing radiation.

        Subpart H—Hazardous Materials
        1910.120 Hazardous waste operations and emergency response.

        Subpart I—Personal Protective Equipment
        1910.132 General requirements.
        1910.134 Respiratory protection.
        1910.138 Hand protection.

        Subpart Z—Toxic and Hazardous Substances
        1910.1000 Air contaminants.
        1910.1001 Asbestos.
        1910.1002 Coal tar pitch volatiles; interpretation of term.
        1910.1003 13 Carcinogens (4-Nitrobiphenyl, etc.).
        1910.1004 alpha-Naphthylamine.
        1910.1006 Methyl chloromethyl ether.
        1910.1007 3,2—Dichlorobenzidine (and its salts).
        1910.1008 bis-Chloromethyl ether.
        1910.1009 beta-Naphthylamine.
        1910.1010 Benzidine.
        1910.1011 4-Aminodiphenyl.
        1910.1012 Ethyleneimine.
        1910.1013 beta-Propiolactone.
        1910.1014 2-Acetylaminofluorene.
        1910.1015 4-Dimethylaminoazobenzene.
        1910.1016 N-Nitrosodimethylamine.
        1910.1017 Vinyl chloride.
        1910.1018 Inorganic arsenic.
        1910.1025 Lead.
        1910.1026 Chromium (VI).
        1910.1027 Cadmium.
        1910.1028 Benzene.
        1910.1029 Coke oven emissions.
        1910.1030 Bloodborne pathogens.
        1910.1043 Cotton dust.
        1910.1044 1,2-dibromo-3-chloropropane.
        1910.1045 Acrylonitrile.
        1910.1047 Ethylene oxide.
        1910.1048 Formaldehyde.
        1910.1050 Methylenedianiline.
        1910.1051 1,3–Butadiene.
        1910.1052 Methylene Chloride.
        1910.1096 Ionizing radiation.
        1910.1200 Hazard communication.
        1910.1450 Occupational exposure to hazardous chemicals in laboratories.

        PART 1926—SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

        Subpart C—General Safety and Health Provisions
        1926.28 Personal protective equipment.

        Subpart D—Occupational Health and Environmental Controls
        1926.53 Ionizing radiation.
        1926.54 Non-ionizing radiation.
        1926.55 Gases, vapors, fumes, dusts, and mists.
        1926.57 Ventilation.
        1926.59 Hazard communication.
        1926.60 Methylenedianiline.
        1926.62 Lead.
        1926.65 Hazardous waste operations and emergency response.

        Subpart E—Personal Protective and Life Saving Equipment
        1926.101 Hearing protection.
        1926.103 Respiratory protection.

        Subpart Z—Toxic and Hazardous Substances
        1926.1101 Asbestos.
        1926.1102 Coal tar pitch volatiles; interpretation of term.
        1926.1103 13 carcinogens (4-Nitrobiphenyl, etc.).
        1926.1104 alpha-Naphthylamine.
        1926.1106 Methyl chloromethyl ether.
        1926.1107 3,3-Dichlorobenzidiene (and its salts).
        1926.1108 bis-Chloromethyl ether.
        1926.1109 beta-Naphthylamine.
        1926.1110 Benzidine.
        1926.1111 4-Aminodiphenyl.
        1926.1112 Ethyleneimine.
        1926.1113 beta-Propiolactone.
        1926.1114 2-Acetylaminofluorene.
        1926.1115 4-Dimethylaminoazobenzene.
        1926.1116 N-Nitrosodimethylamine.
        1926.1117 Vinyl chloride.
        1926.1118 Inorganic arsenic.
        1926.1126 Chromium (VI).
        1926.1127 Cadmium.
        1926.1128 Benzene.
        1926.1129 Coke oven emissions.
        1926.1144 1,2-dibromo-3-chloropropane.
        1926.1145 Acrylonitrile.
        1926.1147 Ethylene oxide.
        1926.1148 Formaldehyde.
        1926.1152 Methylene chloride.

      3. Workplace amputations: Violations of

        1910.147, The Control of Hazardous Energy (LO/TO)
        1910.212, General Requirements for all Machines
        1910.213, Woodworking Machinery
        1910.217, Mechanical Power Presses
        1910.219, Mechanical Power-transmission Apparatus

      4. Employees Removed from Risk:
        This number represents the total of employees exposed to hazards for each particular hazard instance. It is the equivalent of totaling all instances of Field 7 on the OSHA Form 40 as long as all hazards are corrected.

     

    Appendix F-2 PROJECTED PROGRAM ACTIVITIES

    (NAME OF STATE)
    FY 2014 OPERATING PLAN
    Consultation Projects in state-plan states that have not adopted Federal measures and goals (replace
    the Emphasis Industries, Emphasis Hazards and Agency Measures as appropriate to your program).
    Appendix F-2, Figure 1 Appendix F-2, Figure 2

     


     

    APPENDIX G
    EQUIPMENT INVENTORY
    A complete and current equipment inventory is required of each On-site Consultation Project. For this inventory, all capital equipment, general equipment (excluding furniture or office supplies), and special purpose equipment (as defined by OMB Circular A-87, Attachment B) must be included. Therefore, the inventory should include all sampling equipment (pumps, dosimeters, sound level meters, octave band analyzers, etc.), computers (hardware and software), vehicles, etc. Do not include furniture or office supplies in the inventory. The inventory should include information regarding the description, manufacturer, model number, serial number (if applicable), location, condition, acquisition date and acquisition cost of each item of equipment.

    The table below provides a sample format for the equipment inventory. Projects can submit their inventories in a different format as long as the information requested is provided.
    EQUIPMENT/
    ITEM DESCRIPTION
    MANUFACTURER/
    MODEL NUMBER
    SERIAL
    NUMBER
    (if available)
    ACQUISITION
    DATE
    (MM/DD/YYYY)
    ACQUISITION
    COST
    (if available)
    CONDITION
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
    Appendix-G

     


     

    APPENDIX H
    EQUIPMENT PROCUREMENT REQUEST
    FY 2014
    Federal Catalog # 17.504 State: _______________ Date: ____________

    List all non-expendable, personal property having a useful life of more than one year and a unit acquisition cost of $5,000 or more, and all computer-related equipment the grantee requests to purchase this grant year. Ref: 29 CFR 97.32(g) & OMB Circular A-87, Attachment B, C.1.

    ITEM DESCRIPTION
    (INCLUDE BRAND AND MODEL)
    QUANTITY COST
    PER
    UNIT
    TOTAL
    COST
    NATIONAL OFFICE USE ONLY
    ON
    HAND
    FOR
    PURCHASE
    APPROVED TITLE
    TRANSFER
    REMARKS
    YES NO YES INITIALS
    EXAMPLE:
    Laptop: Dell Latitude 630
    4 2 $2,300 $4,600          
                       
                       
                       
                       
                       
                       
                       
                       
    NOTE: List equipment by category: technical, office/administrative. Equipment which was requested and approved - but not procured in the previous award year - should be clearly identified.
    Appendix-H

     


     

    APPENDIX I
    ANNUAL TRAINING PLAN
    FY 2014
    State: ___________ Date: ___________

    List Personnel by Name, ID
    Number, and Type
    Mgt/S/IH/etc.)
    Training Activity & Location Estimated Costs
    (Include Per Diem/Airfare/Reg.
    Fee/Misc./etc.)
    Indicate by Number the
    Competency Area that
    Training Will Address.*
    TOTAL  
    *
    1. Recognition and Evaluation of Occupational Hazards
    2. Evaluate Safety and Health Management Systems
    3. Provide Occupational Safety and Health Training
    4. Manage Program Processes and Reports
    1. Provide Hazard Prevention and Control Assistance
    2. Provide Off-site Technical Support
    3. Promote OSHA Consultation Services
    4. OSHA Consultant Professionalism
    5. Other (specify)

    NOTES:
    • Funds sufficient to cover travel requirements to conduct proposed training should be budgeted in Part A: Consultation and Part B: Administration. These costs must be specific to the activities identified as determined by the location and duration of the training. The Annual Training Plan should only list training and out-of-state travel that is eligible for 100% federal funding and is subject to approval by the Director of the Office of Small Business Assistance. The total amount on this form must agree with the amount reported on the OSHA 110 – Line 2.
    • Deviations from this plan involving out-of-state travel to courses and/or locations other than those proposed must be approved in writing by the Regional Administrator prior to the actual travel.
    • See Informal Training Requirements Memo, issued June 9, 2010, and 21(d) On-site Consultation Training Policy and FY 2011 One-time Only Monies issued November 29, 2010 for additional information on training requirements.
    • Travel for staff members attending the Annual On-site Consultation Training Conference should be included on this form.
    Appendix-I

     


     

    APPENDIX J
    Accompanied Visit Plan FY 2014
    The plan for accompanied visits should state the policies which will govern activity for the fiscal year, rather than who will be accompanied by whom on specific visits.

    Funds sufficient to cover travel for these activities should be budgeted in Part B: Administration, under Item c.2, Travel, unless the project indicates that travel is local and the costs are nominal in amount.
    Appendix-J

     


     

    APPENDIX K
    FY 2013 FINAL BASE AWARD LEVELS
    Recipients FY 2013 Final
    Base Award
    Levels
    Alabama University $1,041,500
    Alaska $633,500
    Arizona $600,000
    Arkansas $1,070,100
    California $5,213,766
    Colorado State U $988,900
    Connecticut $1,083,500
    Delaware $428,100
    District of Columbia $457,700
    Florida $2,214,800
    Georgia Tech $1,293,700
    Guam $260,800
    Hawaii $425,500
    Idaho Boise State U $474,900
    Illinois $1,720,000
    Indiana $828,400
    Iowa $719,500
    Kansas $683,200
    Louisiana $776,800
    Maine $564,700
    Maryland $886,700
    Massachusetts $1,328,000
    Michigan $1,567,900
    Minnesota $972,700
    Mississippi State U $663,100
    Missouri $1,022,400
    Montana $432,800
    Recipients FY 2013 Final
    Base Award
    Levels
    Nebraska $556,100
    Nevada $585,700
    New Hampshire $418,500
    New Jersey $1,632,000
    New Mexico $492,100
    New York $3,444,000
    North Carolina $1,437,000
    North Dakota $399,400
    Northern Mariana Islands $187,300
    Ohio $1,653,900
    Oklahoma $1,179,100
    Oregon $451,000
    Pennsylvania, IU $1,797,200
    Rhode Island $445,300
    South Carolina $770,100
    South Dakota $512,100
    Tennessee $989,900
    Texas $2,619,000
    Utah $601,000
    Vermont $395,600
    Virgin Islands $344,000
    Virginia $1,052,900
    West Virginia $458,600
    Wisconsin $1,684,500
    Wisconsin Laboratory $1,834,000
    Wyoming $421,400

    Appendix-K

     


     

    Appendix L
    Cooperative Agreement Form OSHA-110
    U.S. DEPARTMENT OF LABOR
    Occupational Safety and Health Administration

    COOPERATIVE
    AGREEMENT


    OSHA 21(d) ON-SITE CONSULTATION
    PROGRAM
     (1)								       Page 1 of 1
            
             Region:  ________________________________
    
              State:  ________________________________
    
            Grantee:  ________________________________
    
       Grant Number:  CS_______________________
    
      Starting Date:  October 1, 2013
        Ending Date:  September 30, 2014
    
    (2)   Recipient
    
    Name:
    
    Address:
    
    
    
    _________________________________________
    Recipient Liaison Representative
    
    _________________________________________
    Area Code and Telephone Number
    
    (3)    U.S. Department of Labor
    
    
    
    
    
    
    
    _________________________________________
    OSHA Liaison Representative
    
    _________________________________________
    Area Code and Telephone Number
    
    (4) Authorized under P.L. 105-197, under Section 21(d)
    Percent Total Funds
    (Nearest 0.1%)
    1. Federal Base Award Amount:  
    ___________________________________
    _____._____%

    2. 100% Federal Funds for
    Travel and Training:

    (Please include in line 1)
     
    ___________________________________

    3. Total Recipient Share:
     
    ___________________________________
    _____._____%

    4. Recipient 100% Funding:
    (Please include in line 3)
     
    ___________________________________
    _____._____%

    Total State and Federal Funds
    Allocated to This Agreement
    (Line 1 plus Line 3)
     
    ___________________________________
    Terms and Conditions of the Cooperative Agreement
    This COOPERATIVE AGREEMENT consists of the entire application,
    Including all attachments, exhibits, enclosures, etc.
    (5) Recipient Approval (6) Federal Approval
    Signature
    Date
    _____________________________
    Type Name and Title
     
    Signature
    Date
    _____________________________
    Kimberly A. Locey, Director
    Administrative Programs
          Form OSHA 110
    Revised February 2001
    Appendix-L

     


     

    Appendix M
    Application for Federal Assistance and Budget Information -
    Non-Construction Programs (SF-424 and SF-424A)
    Forms SF-424 and SF-424A are available on Grants.gov. The links listed below are provided for informational purposes only to assist in preparing the application online. The actual application submitted to Grants.gov must use the mandatory forms found in the Funding Opportunity posted in Grants.gov:

    http://apply07.grants.gov/apply/forms/sample/SF424_2_1-V2.1.pdf
    http://apply07.grants.gov/apply/forms/sample/SF424A-V1.0.pdf
    Appendix-M

     


     

    Appendix N
    SUPPORTING DETAILS OF ANTICIPATED COSTS

    PART A: CONSULTATION
    A. PERSONNEL:(List all positions with salary charged to Consultation on chart N-2) Total      ___________________
     
    1. Consultant Subtotal: ___________________
    2. Supervisory consultant/clerical Subtotal: ___________________
     
    B. FRINGE BENEFITS: (List Cost Formula[s]) Total      ___________________
     
    1. Consultant Subtotal: ___________________
    2. Supervisory consultant/clerical Subtotal: ___________________
     
    C. TRAVEL: (100% Describe in Training Plan) Total      ___________________
     
    1. Out-of-State (100% Federal) Subtotal: ___________________
    Training ___________________
    Other (specify) ___________________
     
    2. Within State (90% Federal) Subtotal: ___________________
    Training ___________________
    Promotion ___________________
    Consultative Visits ___________________
    Other (specify) ___________________
     
    D. EQUIPMENT: (tech/list in Equipment Listing) Total      ___________________
    E. SUPPLIES: (tech/itemize & describe) Total      ___________________
    F. CONTRACTS: (all sources): Total      ___________________
    1. Lab Analysis (include #samples) Subtotal: ___________________
     
    2. Industrial Hygiene Services Subtotal: ___________________
     
    3. Other (specify) Subtotal: ___________________
    G. OTHER (items not covered elsewhere) Total      ___________________
    1. 100% non-travel costs of training as
        described in the training plan
    Subtotal: ___________________
     
    2. Other (itemize and describe) Subtotal: ___________________
    H. TOTAL OF DIRECT CHARGES:
           (A. through G.)

    Total      ___________________
    Appendix-N

     


     

    Appendix N-2
    Name Type1 Status2 Cond.3 Location % Time
    21(d)
    Salary 21(d)
    Salary
    EXAMPLE:
    John Doe
    S/S E PA Columbia 90% $50,000 $45,000
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
    Appendix N-2
    __________________________________

    1S—TS—S/S—H—TH—H/S—SEC For definitions, see Appendix A-Cooperative Agreement-3

    2Encumbered/Vacant

    3Previously Approved/New

     


     

    Appendix O
    SUPPORTING DETAILS OF ANTICIPATED COSTS

    PART B: ADMINISTRATION
    A. PERSONNEL:(List all positions with salary charged to Administration on chart O-2.) Total      ___________________
     
    B. FRINGE BENEFITS: (List Cost Formula[s]) Total      ___________________
     
    C. TRAVEL: (100% Describe in Training Plan) Total      ___________________
     
    1. Out-of-State (100% Federal) Subtotal: ___________________
    Training ___________________
    Annual On-site Consultation
    Training Conference
    ___________________
    Other (specify) ___________________
     
    2. Within State (90% Federal) Subtotal: ___________________
    Training ___________________
    Promotion ___________________
    Accompanied visits ___________________
    Other (specify) ___________________
     
    D. EQUIPMENT: (office/list in Equipment Listing) Total      ___________________
    E. SUPPLIES: (office/itemize & describe) Total      ___________________
    F. CONTRACTS: (all sources): Total      ___________________
    1. Computer Costs Subtotal: ___________________
    2. Lease of office equipment Subtotal: ___________________
    3. Service of office equipment Subtotal: ___________________
    4. Other (specify) Subtotal: ___________________
     
    G. OTHER (items not covered elsewhere) Total      ___________________
    1. 100% non-travel costs of training as
        described in the training plan
    Subtotal: ___________________
     
    2. Other (itemize and describe) Subtotal: ___________________
    H. TOTAL OF DIRECT CHARGES: (A. through G.)
    Total      ___________________
    I. INDIRECT CHARGES Total      ___________________
    J. TOTAL ADMINISTRATION (H. plus I.) Total      ___________________
    Appendix-O

     


     

    Appendix O-2
    Name Type1 Status2 Cond.3 Location % Time
    21(d)
    Salary 21(d)
    Salary
    EXAMPLE:
    John Doe
    S/S E PA Columbia 90% $50,000 $45,000
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   

    Appendix O-2

    __________________________________

    1S—TS—S/S—H—TH—H/S—SEC For definitions, see Appendix A-Cooperative Agreement-3

    2Encumbered/Vacant

    3Previously Approved/New

     


     

    Appendix P
    IT and OSHANET INFORMATION
    For specific procedures on purchasing hardware and software, as well as OSHANet Rules of Behavior, please see the Help Desk page on the OSHA Intranet Page.

     

    Appendix-O

     


     

    Appendix Q
    Standard Operating Procedures for the Purchase of Computer Software
    or Equipment by On-site Consultation Projects
    Before requesting permission to purchase any IT equipment, determine if the item you wish to purchase is listed on the approved OSHA Supported Hardware and/or OSHA Standard Image Software and Other Software webpages. These lists can be found on the OSHA IT HELPDESK Intranet webpage.

    Requests for purchasing software, hardware, or both, within the initial Annual On-site Consultation Cooperative Agreement Application must be noted in Appendix H, of the grant application.

    Requests to purchasing software, hardware, or both, after the initial grant has been awarded or as part of a one-time only funding process require an amended, Annual On-site Consultation Cooperative Agreement, Appendix H, "Equipment Procurement Request," and must be sent to the National Office when the IT equipment request is made.

    Scenario I - Completing Appendix H, Equipment Procurement Request, to Identify IT Equipment Purchases as Part of the Annual On-site Consultation Cooperative Agreement Application

    As required by the Annual On-site Consultation Cooperative Agreement Application, States must identify all projected technical equipment purchases during the grant year within Appendix H, "Equipment Procurement Request," of the application.

    Step 1) Before noting the IT request in Appendix H, review the OSHA Supported Hardware, OSHA Standard Image Software and Other Software, or both, webpages to determine if the item you wish to purchase is on the lists of approved hardware or software.
    1. If the item you wish to purchase is on the OSHA-approved lists, submit the request to the Regional Project Officer (RPO) as Annual On-site Consultation Cooperative Agreement Application, Appendix H, Equipment Procurement Request.
    2. If the desired item is not on the OSHA-approved lists include that information in Appendix H, "Equipment Procurement Request" in the "Item Description" column of the form as (not on OSHA's approved list).
    3. States requesting items that are not on the OSHA-approved lists must also submit a Request for Information Technology Services, signed by the Designated State Official (DSO) responsible for approving IT equipment purchases, as part of their grant application to the Region.

    Step 2) The Regional Office ensures all of the IT items noted on Appendix H, Equipment Procurement Request, are on the OSHA-approved lists or that the State has noted that the item is not on the approved list. In the latter case, the RPO confirms that the Appendix H, Equipment Procurement Request, identifies the item as not on the OSHA-approved list and that a completed Request for Information Technology Services is included in the Annual On-site Consultation Cooperative Agreement Application, Appendix H. The RPO forwards completed application to the National Office for review and approval once Regional Administrator approval is obtained.

    Step 3) The National Office evaluates the Appendix H, Equipment Procurement Request and, if needed, the Request for Information Technology Services, in concert with its review of the Annual On-site Consultation Cooperative Agreement Application. The State and the Region will be notified via email of the approval of the IT equipment requested in Appendix H, Equipment Procurement Request.

    Step 4) When the State is ready to purchase the approved IT equipment, they would follow the instructions in Scenario II.

    Scenario II - Installing IT Equipment Approved During the Annual On-site Consultation Cooperative Agreement Application Process or Requesting Approved Hardware and/or Software as Part of a One-Time-Only Process

    Step 1) The grantee contacts their RPO, who will ensure that the request is reasonable, based upon the grantee's current technology needs and inventory.

    Step 2) The RPO ensures that the State has noted this request within Appendix H, Equipment Procurement Request, of the Cooperative Agreement.
    If the item is not listed on Appendix H, the RPO will ensure that one is completed and forwarded to the National Office at the time the IT equipment request is made. (Note: No duplicate Appendix H is required if the IT Equipment requested was identified on Appendix H and approved as part of the Cooperative Agreement Application process).

    Step 3) Requester completes the Software/Hardware Action Request Form, available within the OSHA IT HELPDESK Intranet webpage - IT Acquisition & Installation Process. The requester would ensure that the form is signed by the Designated State Official (DSO) responsible for approving IT equipment purchases in that State. The completed form would be scanned and emailed to oshahwsrequest@dol.gov.

    Step 4) OSHA's Office of Management Data Systems (OMDS) will process the request and inform the requester and the Directorate of Cooperative and State Programs (DCSP) by email that they can install the requested hardware to the network.

    Scenario III - Purchasing IT Equipment That Is NOT on the OSHA-Approved Lists during the Grant Year or as Part of a One-Time-Only Process

    Step 1) The grantee contacts their RPO, who will ensure that the request is reasonable, based upon their current technology needs and inventory.

    Step 2) The RPO will ensure that an updated Appendix H, Equipment Procurement Request, is completed by the State and forwarded the National Office.

    Step 3) The State will complete a Request for Information Technology Services Form, available within the OSHA IT HELPDESK Intranet webpage - IT Acquisition & Installation Process. The requester would ensure that the form is signed by the Designated State Official (DSO) who is responsible for approving IT equipment purchases in that State. The completed form would be scanned and emailed to osharits@dol.gov.

     
    Appendix Q-2
     
    Step 4) OSHA’s Office of Management Data Systems (OMDS) will process the request and inform the requester and DCSP by email permission to purchase the equipment.

    Step 5) Once the requester has received notification to purchase the hardware and or software equipment, the requester would complete the Software/Hardware Action Request Form, available within the OSHA IT HELPDESK Intranet webpage - IT Acquisition & Installation Process. This form must be signed by the Designated State Official (DSO) responsible for approving IT software and equipment purchases in that State. The completed form would be scanned and emailed to oshahwsrequest@dol.gov.

     
    Appendix Q-3

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