OSHA Voluntary Protection Programs OSHA Region III VPP 101 and the VPP Federal Register Notice An Overview December 2006 Peter Brown Region III VPP Outreach Coordinator

VPP 101 u Coverage. u All groups covered by OSHA jurisdiction, including federal agencies, are eligible to join and participate in the OSHA’s Voluntary Protection Program. u VPP participation means OSHA recognizes that the worksite has implemented and is maintaining a superior safety and health management system for its employees. Each worksite that applies for VPP must show OSHA that upper management is commitment to VPP principles. u It must encourage effective employee and union engagement, ownership and involvement in site safety and health. In VPP; government (OSHA), management and labor work together to make their site a world class safety leader in their industry.

VPP 101 (cont’d) u Effective and on going safety and health programs. u OSHA believes an effective safety and health management system is the best way to prevent occupational illnesses and injuries. u VPP includes compliance with all applicable OSHA regulations and standards. By meeting the performance-based VPP criteria and elements, the VPP participant is expected to use a comprehensive system geared toward each worksite's needs. Visible management leadership and employee engagement and participation; in addition to company self-evaluations, are key elements of this process. Annual self-evaluations measure results driven success and identify areas needing improvement.

VPP 101 (cont’d) u Cooperation. u VPP emphasizes trust and cooperation among OSHA, the employers, employees and employee representatives. Since VPP began in 1982, cooperation and the level of protection found at VPP sites complements OSHA’s enforcement activity. u This assists OSHA to focus its inspection resources on higher risk establishments. Although VPP sites are exempt from programmed inspections, employers and employees retain their rights and responsibilities under the Occupational Safety and Health Act.

VPP 101 (cont’d) u Good Performance. u Voluntary Protection Programs participants are selected based on their written safety and health management system, and ongoing performance. u OSHA also conducts a thorough onsite evaluation to judge how well the site's protective systems are working, including a review of site injury/illness rates. Continuous improvement is required to stay in the VPP.

VPP 101 (cont’d) u The VPP Star Program. u Star is designed for exemplary worksites with comprehensive, successful safety and health management systems. Companies in the Star Program have achieved injury and illness rates significantly below their industry’s national average. Star sites are self-sufficient in their ability to control workplace hazards. u Star participants are reevaluated (recertified) initially at the three year anniversary, and then every three to five years after that. However, injury and illness incident rates are reviewed annually.

VPP 101 (cont’d) u VPP Applicant Sites. u Applicants are encouraged to invite OSHA onsite for an informal pre-visit after submittal of the application and review by OSHA VPP staff members. u OSHA VPP staff members will share information and best practices with the site to assist in preparing for the upcoming team review

VPP 101 (cont’d) u Application Review. u Each VPP applicant undergoes an OSHA review of its safety and health management system. The multi-stepped onsite team review requires about two to four days, depending on the size of the facility and complexity of the operations. u In addition to a review of records, logs and inspection history, the on-site review includes an initial meeting or opening conference with management staff and employees, walk- throughs of the facilities to determine hazards and precau­tions, formal and informal interviews, and a closing conference to discuss findings and recommendations.

VPP 101 (cont’d) u Inspections. u Participation in VPP does not eliminate the rights or responsibilities of employers or employees under the Occupational Safety and Health Act (OSH Act of 1970). u OSHA enforcement inspections will result from valid complaints, workplace accidents or fatalities, chemical leaks and spills and other significant/media events.

Federal Register Notice Overview u The Voluntary Protection Programs (VPP), adopted by OSHA in Federal Register Notice 47 FR 29025, July 2, 1982, have established the efficacy of cooperative action among government, industry, and labor to address worker safety and health issues and expand worker protection. VPP participation requirements center on comprehensive management systems with active employee involvement to prevent or control the safety and health hazards at the worksite. Employers who qualify generally view OSHA standards as a minimum level of safety and health performance and set their own more stringent standards where necessary for effective employee protection.

Federal Register Notice (cont’d) u OSHA’s experience with VPP and other programs led it to publish its voluntary Safety and Health Program Management Guidelines (the Guidelines) in the Federal Register Notice 54 FR 3904 on January 26, 1989, The Guidelines present effective criteria for organizing a managed safety and health program. To maintain consistency in OSHA's approach to safety and health program management, the Agency has decided to reorganize the VPP criteria to conform more closely to the Guidelines.

Federal Register Notice (cont’d) u This reorganization has been accomplished by merging the six elements (or criteria) of the VPP into the four criteria of the Guidelines. u The reorganization changed Management Commitment and Planning to Management Leadership and Employee Involvement; Hazard Assessment became Worksite Analysis; Hazard Correction and Control became Hazard Prevention and Control; Safety and Health Program Evaluation has become part of Management Leadership and Employee Involvement; and Safety and Health Training continues as one of four basic program criteria, as it is today.

Federal Register Notice (cont’d) u The VPP elements of the four criteria also have been rewritten to make them more easily understood. This has involved changes in language and organization. However, except for a variety of minor clarifications, the substance and scope of the criteria has changed little. The three most notable changes in VPP scope is an expansion of eligibility to certain classes of worksites previously not covered by the program, increased expectations concerning the management of the safety and health of contractors’ employees working at VPP sites, and a new illness reporting requirement. This last means OSHA will consider a worksite’s illness experience together with its injury performance when assessing the site’s level of achievement. In summary, the July 24, 2000 Federal Register Notice contains the official Voluntary Protection Programs Requirements; the VPP FRN.

Federal Register Notice, Content Outline u I.Introduction u II.Rationale for Change u III. The Voluntary Protection Program A.Purpose of VPP B.Purpose of this Notice C.Program Description

Federal Register Notice, Content Outline E. Assurances F.The Star Program G.The Demonstration Program H.The Merit Program I.Application for VPP J.Pre-Approval Onsite Review K.Recommendation for Program Approval

Questions? Where do you get the FRN? The Region III VPP staff recommends that everyone who is interested in the VPP begin by reading the July 2000 VPP FRN. This document can be located on The OSHA website through this link. It’s fairly brief and very readable. This presentation may be copied, and distributed by anyone. This document creates no new OSHA requirements. Region III is Pennsylvania, West Virginia, Virginia, Delaware, Maryland, and the District of Columbia. Peter Brown The Philadelphia Regional Office