Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 927 

original records resulting from its 

product testing and evaluation 

functions. These critical documents 

allow NRTLs to exercise quality control 

over product testing and evaluation 

functions, and permit OSHA to perform 

an accurate audit of these NRTL 

functions. SNAP sites must have the 

capability to maintain, and provide 

OSHA with access to, records of 

functions performed on behalf of 

NRTLs. 

D. Perform final technical reviews and 

make decisions on product certification. 

Final technical reviews and subsequent 

decisions regarding product certification 

are the last functions performed in the 

technical process for product 

certification. To provide assurance that 

a product meets the relevant test 

standard(s), only a well qualified 

technical staff can perform these 

functions. As with recognized sites, 

SNAP sites can perform these functions 

only if they have demonstrated the 

capability of doing so. 

E. Authorize use of an NRTL’s mark. 

An NRTL’s mark symbolizes the final 

decision to certify a product, and clearly 

identifies the NRTL as the source 

responsible for testing and certifying the 

product. While the SNAP will permit a 

SNAP site to authorize the mark of the 

NRTL for which it performs producttesting and -certification functions, the 

NRTLs must control the use of their 

marks and ensure that SNAP sites 

authorize this use only after the 

decision to certify a product. 

F. SNAP product-testing activity. 

SNAP sites may perform product testing 

within the scope of recognition of the 

NRTL, provided that the NRTL qualifies 

the site as having the capability for this 

testing. This activity may be the only 

activity performed by a SNAP site, or 

supplement one or more SNAP 

functions. 

IV. Submitting SNAP Applications 

OSHA will begin accepting 

applications from NRTLs for the SNAP 

after its effective date of May 11, 2009. 

At that time, OSHA will invite NRTLs 

and NRTL applicants to apply for 

approval to participate in SNAP and 

establish SNAP sites. Prior to submitting 

a SNAP application, applicants should 

review the SNAP Description, which 

OSHA will make available on its Web 

site for the NRTL Program at http:// 

www.osha-slc.gov/dts/otpca/nrtl/ 

index.html. This Web site will contain 

instructions describing the information 

to submit in a SNAP application and 

will provide an application format that 

may be used for this purpose. 

V. Authority and Signature 

Thomas M. Stohler, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this notice. Accordingly, 

the Agency is issuing this notice 

pursuant to sections 6(b) and 8(g) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655 and 657), Secretary 

of Labor’s Order 5–2007 (72 FR 31160), 

and 29 CFR 1911. 

Signed at Washington, DC, on January 5th, 

2009. 

Thomas M. Stohler, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–163 Filed 1–8–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

Revisions to the Voluntary Protection 

Programs To Provide Safe and 

Healthful Working Conditions 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of revisions to the 

program. 

SUMMARY: This notice, which sets forth 

the basic philosophy and requirements 

of the Occupational Safety and Health 

Administration’s Voluntary Protection 

Programs (VPP), revises VPP’s 

traditional focus on individual fixed 

worksites by adding two new ways to 

participate: Mobile workforce and 

corporate. A significant reorganization 

of the program helps clarify the multiple 

participation options now available. 

Additional changes include: Greater 

flexibility in the VPP Demonstration 

Program; modified provisions 

concerning Star Program Rate Reduction 

Plans and 1-Year Conditional status; 

clarified requirements for Federal 

agency participants performing 

construction activities; and a new 

expectation concerning outreach and 

mentoring activities. 

DATES: The revisions are effective 120 

days from date of publication in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Oliver, Director, Office of 

Partnerships and Recognition, 

Occupational Safety and Health 

Administration, Room N3700, 200 

Constitution Ave., NW., Washington, 

DC 20210, telephone (202) 693–2213. 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available at OSHA’s Web site, http:// 

www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Background 

The Voluntary Protection Programs 

(VPP), adopted by OSHA in Federal 

Register Notice 47 FR 29025, July 2, 

1982, and subsequently revised, 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 significant 

management leadership and 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. 

Continuous improvement is a wellestablished principle of VPP. 

Participants strive to make ongoing 

gains in performance and protective 

systems, and OSHA strives to improve 

the VPP, its policies and procedures, 

and its impact on workplaces 

throughout the United States. 

The well documented success of VPP, 

the applicability of VPP principles to 

diverse industries and work situations, 

and the presence within its ranks of 

world-class models of safety and health 

excellence have produced a continuing 

stream of applications from small and 

large businesses and Federal agencies, 

both union and non-union. VPP, 

OSHA’s premier recognition program, 

has become a powerful tool for reducing 

workplace injuries and illnesses. 

VPP’s original focus was on 

establishing effective safety and health 

management systems at individual fixed 

worksites where the employer had 

responsibility and authority to control 

safety and health. OSHA’s experience 

with VPP Demonstration Programs and 

other cooperative programs, and the 

public comments on its proposal in the 

Federal Register to establish a VPP for 

Construction, 69 FR 53300, August 31, 

2004, have demonstrated that the basic 

principles of site-based safety and 

health management apply equally well 

to workforces that move from one work 

project and location to another and 

whose employers may not have 

controlling authority for safety and 

health. 

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Therefore, VPP now changes from a 

primarily site-based program to one that 

welcomes applications from both 

individual fixed worksites and 

employers with mobile workforces. This 

change opens new opportunities for 

participation by exemplary employers 

in the construction industry plus mobile 

workforce employers in other 

industries. OSHA is pleased to extend 

the benefits of VPP to these employers 

and employees. 

In addition to its efforts to make VPP 

eligibility more inclusive, OSHA has 

been experimenting with ways to make 

the VPP application and review process 

more efficient and less resourceintensive for applicants and the Agency. 

The VPP Corporate Pilot, operating 

since 2004, has tested new VPP 

processes for multi-facility applicants 

who demonstrate a strong commitment 

to employee safety and health and VPP. 

These applicants, typically large 

corporations or Federal agencies, have 

adopted VPP on a broad scale for 

protecting the safety and health of their 

employees. 

OSHA has required VPP Corporate 

Pilot applicants and participants to have 

established, standardized corporatelevel safety and health management 

systems that are effectively 

implemented organization-wide, as well 

as internal screening processes for 

evaluating their facilities’ safety and 

health performance. Under the VPP 

Corporate Pilot, OSHA has offered 

streamlined processes to eliminate 

redundancies in application 

requirements and onsite review 

procedures while continuing to perform 

careful onsite reviews of all applicant 

facilities. The efficiencies tested 

successfully within this pilot have 

encouraged numerous multi-facility 

employers to make an organization-wide 

commitment to VPP. The lessons 

learned (discussed in Section II) now 

enable OSHA to add to VPP the new 

option of corporate participation. 

Once the following revisions become 

effective, OSHA will move current 

participants in its VPP Mobile 

Workforce Demonstration for 

Construction and its VPP Corporate 

Pilot into the appropriate VPP program 

(Star or Merit) and way to participate 

(site-based, mobile workforce, or 

corporate). 

B. Statutory Framework 

The Occupational Safety and Health 

Act of 1970, 29 U.S.C. 651 et seq. 

(hereinafter referred to as the OSH Act), 

was enacted ‘‘to assure so far as possible 

every working man and woman in the 

Nation safe and healthful working 

conditions and to preserve our human 

resources * * *.’’ 

Section 2(b) specifies the measures by 

which the Congress would have OSHA 

carry out these purposes. The following 

are provisions which represent the 

legislative authority applicable to the 

Voluntary Protection Programs: 

‘‘* * * (1) by encouraging employers and 

employees in their efforts to reduce the 

number of occupational safety and health 

hazards at their places of employment, and 

to stimulate employers and employees to 

institute new and to perfect existing 

programs for providing safe and healthful 

working conditions;’’ 

‘‘* * * (4) by building upon advances 

already made through employer and 

employee initiative for providing safe and 

healthful working conditions;’’ 

‘‘* * * (5) * * * by developing innovative 

methods, techniques, and approaches for 

dealing with occupational safety and 

health problems;’’ 

‘‘* * * (13) by encouraging joint labormanagement efforts to reduce injuries and 

disease arising out of employment.’’ 

C. States with OSHA-approved State 

Plans 

As provided by Section 18 of the OSH 

Act, 26 States have received OSHA 

approval to operate their own 

occupational safety and health 

programs, which must be at least as 

effective as the Federal OSHA program. 

Twenty-two of these State Plans cover 

both private and public sector 

employees; four cover public sector 

only. The States have been encouraged 

to establish their own VPPs parallel to 

the Federal VPP. All States with OSHAapproved State Plans have established 

VPPs, submitted documentation, and 

received approval from OSHA. 

State VPPs may contain different 

participation categories, processes, and 

criteria. Some States include programs 

that correspond to OSHA’s current Star, 

Merit and Demonstration Programs. 

Some States already have expanded 

their construction industry VPP 

participation options. 

When the following revisions become 

effective, all State Plans will be required 

to advise OSHA whether they intend to 

adopt similar changes to their current 

programs, including the addition of 

mobile workforce and corporate ways to 

participate. They will be asked to 

submit documentation on any revisions 

for OSHA review. OSHA will make 

available on its Web site summary 

information on the States’ responses to 

this Federal Program Change. 

II. Discussion of the Changes 

A. Mobile Workforce Participation 

The construction industry, 

traditionally one of the nation’s most 

hazardous, has not been able to take full 

advantage of the benefits of VPP 

participation. There are multiple 

reasons for the industry’s 

underrepresentation. These include: 

• VPP eligibility requirements 

traditionally apply to fixed worksites 

‘‘controlled’’ by the applicant. This 

alone rules out many trades-oriented 

employers acting as subcontractors, for 

example, plumbers, heating and 

ventilation workers, drywall installers, 

etc. Many of these employers, 

nevertheless, have exceptional safety 

and health management systems that 

proactively identify and protect their 

workers from hazards, regardless of 

where they are working. 

• The short-term scope of some 

construction projects and the mobile 

nature of the construction workforce 

have limited construction industry 

participation in VPP. 

• A construction site, with its often 

hazardous and frequently changing 

working conditions, presents unique 

challenges to the development and 

implementation of an effective safety 

and health management system. 

OSHA, the Advisory Committee on 

Construction Safety and Health 

(ACCSH), and industry representatives 

agree that making VPP a feasible goal for 

small, medium, and large construction 

employers would encourage a greater 

number of them to implement effective 

safety and health management systems. 

In OSHA’s experience, such systems are 

the best way to reduce work-related 

injuries, illnesses, and fatalities. 

To that end, OSHA implemented two 

VPP Demonstration programs in 1998 to 

evaluate alternative VPP criteria that, if 

successful, could lead to greater 

construction participation. The Star 

Demonstration for Short-Term 

Construction Projects involved 

construction employers and 

subcontractors working at selected 

short-term worksites (12–18 months 

duration). The program tested 

alternative VPP eligibility requirements 

and procedures, and enabled OSHA to 

gain experience in how such companies 

ensure safe and healthful work 

environments at multiple, short-term 

construction sites. The Mobile 

Workforce Star Demonstration Program 

gave companies whose employees travel 

from one site to another and that 

typically do not ‘‘control’’ the worksite 

the opportunity to demonstrate their 

ability to provide high level safety and 

health protection for their mobile 

workforce. OSHA required participants 

in both programs to maintain all four of 

the safety and health management 

system elements of the traditional 

VPP—management leadership and 

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employee involvement, worksite 

analysis, hazard prevention and control, 

and safety and health training—at a 

level of excellence equal to VPP’s Star 

Program. 

The documented success of those 

demonstrations, and especially a 

modified demonstration within Region 

V’s Cincinnati Area Office, led to 

meetings in 2003 and 2004 with 

construction employers, trade 

association representatives, and 

representatives of the Building and 

Construction Trades Department, AFL– 

CIO. 

OSHA, convinced of the importance 

and feasibility of bringing more 

construction companies into VPP, 

proposed in Federal Register Notice 69 

FR 53300, August 31, 2004, to establish 

a new VPP for Construction. The 

Agency asked for comments on its 

proposal from stakeholders and the 

general public. 

OSHA received feedback from 18 

commenters: two associations 

representing VPP participants; two 

national unions; one association of 

safety professionals; six trade 

associations representing construction 

industry employers; three VPP 

participating companies; one 

construction company outside VPP; and 

three private individuals. The numbered 

sections below review comments 

relevant to major issues, the Agency’s 

subsequent decisionmaking, creation of 

the 2006 Mobile Workforce 

Demonstration for Construction, and 

VPP revisions contained in this notice. 

Based on comments received in 2004 

and further discussion within the 

Agency, OSHA chose to continue 

exploring alternative VPP policies and 

procedures for the construction industry 

in a new, nationwide VPP Mobile 

Workforce Demonstration for 

Construction, launched in 2006. OSHA 

welcomed applications from 

construction companies ranging from 

large, controlling general contractors to 

small specialty trade contractors whose 

employees moved frequently from site 

to site. 

OSHA’s various construction 

demonstrations have had the positive 

effect of increasing construction 

industry participation in VPP. The 

overall experience of these construction 

participants has been outstanding. 

Construction employers who have 

participated in VPP Demonstration 

Programs have achieved, as a group, 

Total Case Incidence Rates (TCIR) and 

Days Away/Restricted/Transfer (DART) 

rates 54 percent and 56 percent below 

published Bureau of Labor Statistics 

industry rates (2006 VADS, OSHA’s 

VPP data system). Their injury and 

illness rate experience subsequent to 

entering VPP programs has been either 

on par or below the overall VPP average 

rates for general industry. 

1. Safety and Health Management 

System 

Several commenters voiced concern 

that the proposed safety and health 

management system for construction 

employers, which did not differ 

significantly from the comprehensive 

system required of site-based VPP 

participants, placed too great a burden 

on small construction companies and 

failed to recognize the construction 

industry’s differences from other 

industries. Several commenters were 

particularly critical of requiring site 

implementation plans for every work 

project. 

OSHA’s VPP experience provides 

ample evidence that VPP’s safety and 

health management system, which is 

performance-based and requires 

participants to identify their specific 

hazards, needs, and appropriate 

protective measures, provides sufficient 

flexibility and can be applied to any 

industry. The experience of the early 

construction demonstrations, as well as 

the ongoing experience of VPP’s sitebased construction participants, shows 

that even small construction companies 

are capable of working successfully with 

the VPP model, attaining VPP approval, 

and maintaining VPP-quality systems 

and performance. The 2006 Mobile 

Workforce Demonstration bears out this 

earlier experience: As of December 

2007, 28 percent of all mobile workforce 

participants reported fewer than 100 

employees including contractor/ 

subcontractor employees (whose injury 

and illness experience is rolled up with 

regular employees). 

OSHA did recognize that requiring 

individual, comprehensive site 

implementation plans might be an 

unnecessary and burdensome condition 

of participation, and the Agency 

eliminated this feature in the 

subsequent 2006 Demonstration 

Program. Moreover, OSHA decided to 

build additional flexibility and 

sensitivity to construction workplace 

conditions into the 2006 Demonstration 

by having applicants develop a unique 

Participation Plan. This plan was 

limited to addressing elements of the 

applicant’s participation that differed in 

substance or emphasis from the 

traditional VPP requirements, such as 

different employee involvement 

strategies, baseline hazard analysis, and 

emergency response and evacuation 

procedures. The Participation Plan has 

been a valuable feature of the 2006 

Demonstration and is now made part of 

the mobile workforce way to participate 

(VI.C.1.b.). 

2. Geographic Boundary for 

Participation 

Some commenters questioned the 

need for construction company 

participation boundaries defined by 

OSHA Region or Area Office. OSHA 

understands that mobile construction 

operations do not adhere to Federal 

agency boundaries. However, the 

Regions and Area Offices are best able 

to establish close working relationships 

with mobile workforce participants, and 

it is through these relationships that 

OSHA is able to provide the cooperative 

dialogue and support that is expected 

within VPP. 

There may be companies whose very 

scattered work projects pose a barrier to 

their mobile workforce participation. 

Site-based participation may be 

appropriate for some of these 

companies. OSHA’s experience 

indicates that the vast majority of 

construction employers, especially 

small employers whose operations tend 

to be more restricted geographically, 

will be able to identify and participate 

within what these revisions now 

identify as a Designated Geographic 

Area (DGA) (VI.C.1.c.). Multiple DGAs 

have been utilized successfully by 

several participants in the 2006 

Demonstration to expand their 

participation to more than one OSHA 

Area Office or Region. 

3. Onsite Evaluations 

Most comments dealing with the 

onsite evaluation process for 

construction applicants/participants 

focused on: 

• The number of different worksites/ 

projects OSHA would evaluate during 

the approval process, and 

• The frequency of reapproval visits. 

The proposed tiered approach (2–25 

sites = 2 visits; 26–99 sites = 3 visits; 

100+ sites = 4 visits) elicited both 

positive and negative responses. Some 

commenters recommended more visits, 

some less, and some recommended 

OSHA visit a percentage of sites. After 

considerable discussion within the 

Agency, which included reference to 

OSHA’s unsuccessful attempt to 

implement a similar tiered approach 

within the OSHA Strategic Partnership 

Program, OSHA decided to eliminate 

the tiered approach. In many instances, 

it would obligate OSHA to perform 

more inspection visits than a non-VPP 

participant typically would receive, an 

impractical consequence that OSHA 

Partnership personnel first reported. 

In the 2006 Demonstration, OSHA 

tested a new approach that set a 

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minimum of one visit and gave Regional 

Administrators the responsibility and 

flexibility to decide, based on the 

complexity and scope of an applicant’s 

operations, whether and how many 

additional sites should be visited. 

Four commenters questioned OSHA’s 

proposal to reevaluate construction 

participants on a 2-year cycle. They 

argued that the frequency of 

reevaluation should be consistent with 

the existing VPP reevaluation schedule, 

which calls for Star reevaluations every 

3 to 5 years. In the subsequent 2006 

Demonstration, OSHA adhered to the 

Demonstration Program requirement for 

reevaluation every 12 to 18 months. 

OSHA personnel administering the 

Demonstration found that a 12- to 18- 

month frequency is unnecessary and 

burdensome. However, OSHA does not 

believe that the site-based 3- to 5-year 

interval is appropriate, given the 

dynamic, frequently changing sites/ 

projects and conditions of construction 

employers. OSHA has decided to 

reevaluate mobile workforce Star 

participants within 18 to 24 months of 

initial approval, and subsequently at no 

greater than 36-month intervals. While 

OSHA recognizes the value of 

consistency across the programs, and 

has built consistency into most areas of 

this revised VPP, the Agency believes 

this differing reevaluation schedule is 

most likely to ensure worker protection 

without overburdening the Agency and 

mobile workforce participants. 

4. Union Support for Participation 

The mobile workforce way to 

participate contains a requirement for 

documented union support that differs 

from the traditional, site-based 

requirement. This change is grounded in 

OSHA’s experience with VPP 

construction applicants/participants. 

When multiple unions represent 

employees at an applicant/participant 

site or within a DGA, OSHA’s 

willingness to consider less than 100 

percent union support first appeared in 

the proposal for a VPP for Construction, 

69 FR 53300, August 31, 2004. OSHA 

sought public input on the complex 

question of how to assure union support 

when, ‘‘At a typical construction 

project, multiple unions may represent 

workers, and different unions may 

represent workers at different phases of 

the project. Some unions may represent 

many workers, others only a few. 

Should OSHA require written support 

from some or all? What means should 

OSHA accept as demonstrations of 

support? Should the requirement be 

different for site-based applicants and 

[multi-site, mobile workforce] 

applicants? How should OSHA respond 

if one of multiple authorized 

representatives * * * subsequently 

withdraws support?’’ 

OSHA received comments on this 

issue from nine respondents, including 

two associations that represent VPP 

participants and employer associations 

with both unionized and non-union 

member companies. At one end of the 

spectrum was the recommendation to 

drop the requirement for union support 

if the workforce is not fully unionized. 

At the other end of the spectrum was 

the recommendation to continue the 

current site-based requirement of 100 

percent union support and thereby 

maintain consistency throughout the 

VPP. Other commenters suggested 

various degrees and methodologies of 

union support, depending on employer 

and worksite circumstances. 

After considering these comments and 

further internal Agency discussion, 

OSHA, in its 2006 Mobile Workforce 

Demonstration for Construction, 

introduced a compromise provision: 

When a majority of employees are 

represented by unions, OSHA requires 

(in the Demonstration) signed 

statements of support from enough 

unions to represent a majority of all 

employees. This new approach 

continued to recognize the importance 

of union support for VPP while, at the 

same time, it recognized that obtaining 

100 percent union support may not be 

feasible at construction worksites. The 

notion of fairness also entered into the 

decision to test an alternative 

requirement for union support. Many 

VPP supporters, within the Agency, at 

approved VPP sites, and elsewhere, 

have voiced concern over the years 

about the possibility of a small minority 

preventing the VPP participation 

desired by the majority. 

OSHA’s experience with the alternate 

union support requirement it has been 

testing in the 2006 Mobile Workforce 

Demonstration for Construction has 

been positive. There has been no 

problem implementing the new 

requirement. For some Demonstration 

participants, union support for 

participation within the participant’s 

DGA has been obtained from the local 

building trades council. For other 

participants, union support has been 

obtained at the worksite level. OSHA 

has received no objections to this policy 

from affected unions or any other 

parties and now is applying it to the 

mobile workforce way to participate. 

The existing union support requirement 

will continue for site-based applicants/ 

participants. 

5. Extending Mobile Workforce 

Participation to All Industries 

Over the years OSHA has been 

approached by various general industry 

employers who do not perform all of 

their work tasks at an individual fixed 

location. These include, but are not 

limited to, utilities, couriers, and 

maintenance contractors. The 

experiences of these employers have 

demonstrated to OSHA that it is 

possible for a general industry employer 

to maintain a VPP-quality safety and 

health management system for 

employees who complete some of their 

work tasks away from a fixed worksite. 

The positive experience of these 

participants, coupled with the 

experience of the 2006 Mobile 

Workforce Demonstration for 

Construction, demonstrates that both 

construction and general industry 

employers can successfully implement a 

safety and health management system 

that encompasses mobile employees. 

Therefore, the new VPP option of 

mobile workforce participation will be 

available to any eligible employer 

whose workers move from one work 

location to another and who meets 

VPP’s rigorous requirements. 

B. Corporate Participation 

The continuing growth of VPP is a 

sign that businesses throughout the U.S. 

are recognizing the value of 

implementing effective safety and 

health management systems. As more 

companies come into VPP, ever greater 

numbers of participating employers and 

employees benefit from reduced injuries 

and illnesses and fewer workplace 

fatalities. VPP’s success, however, 

means that more and more applications 

must be reviewed and onsite 

evaluations conducted. This has 

challenged OSHA resources and 

encouraged the Agency to seek ways to 

administer the program more efficiently. 

Large employers who have committed 

to bringing multiple facilities into VPP 

have also experienced resource 

challenges as they prepare multiple 

individual applications that contain 

repetitive information and then undergo 

multiple onsite evaluations. Seeking 

new ways to ease the resource burden 

on these employers and also on OSHA, 

the Agency established the VPP 

Corporate Pilot in 2004. 

Prior to 2004, several VPP 

stakeholders had independently 

discussed the burden of gathering and 

providing safety and health 

management system information that 

was universal to all of their sites and 

needed to be provided to OSHA each 

time a site applied for VPP. OSHA also 

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recognized this burden—the Agency 

repeatedly had to review similar or 

identical systems documentation when 

it reviewed applications from multiple 

facilities of a single large organization. 

The 2004 VPP Corporate Pilot 

provided a means to eliminate the 

paperwork redundancies for both multifacility applicants and OSHA reviewers. 

Carefully selected participants 

underwent in-depth reviews of their 

organization-wide safety and health 

management systems. An important 

element of the review was verification 

of the participant’s active management 

commitment, not just to safety and 

health excellence, but specifically to 

VPP. Pilot applicants also were required 

to provide evidence of pre-screening 

and oversight of all facilities within 

their organization, to ensure that the 

safety and health management system 

was being implemented effectively. 

Following the corporate-level 

evaluation of a pilot participant’s safety 

and health management system, OSHA 

sent VPP teams to each applicant 

facility. The teams were able to focus on 

how managers and employees 

implemented the safety and health 

system. These site reviews, which 

typically were shorter in duration than 

normal VPP onsite evaluations, 

consisted of employee and management 

interviews, a site walkthrough, and a 

review of site-specific performance and 

systems documentation. 

OSHA learned that by eliminating the 

repetitious review of safety and health 

management system documentation and 

focusing on system implementation, it 

could reduce the Agency resource 

expenditure for application and onsite 

review by 40 percent without affecting 

the quality of that review. Similarly, 

pilot participants reported resource 

savings of up to 50 percent in 

application preparation and time 

devoted to OSHA’s onsite visits. 

The pre-screening required of pilot 

participants involved corporate-level 

safety and health personnel performing 

audit activities at each applicant facility 

to ensure that the facilities were ready 

for VPP. Corporate personnel also 

reviewed their facilities’ VPP 

applications for completeness and 

accuracy. These efforts produced 

impressive results: 94 percent of the 162 

facilities undergoing onsite evaluations 

in the Corporate Pilot achieved Star 

approval, well above the 80 percent 

benchmark established for the pilot. 

The pilot produced other, nonquantifiable results. Participants 

reported an increased consistency in 

implementation of their safety and 

health management system throughout 

their organization. OSHA also believes 

it has achieved a greater level of 

consistency across Regions in the 

procedures it uses to evaluate VPP 

applicants. 

OSHA is also incorporating the 

concept of a Designated Geographic 

Area (DGA) into the corporate way to 

participate. Both the VPP Corporate 

Pilot and the Mobile Workforce 

Demonstration for Construction have 

relied on a two-step evaluation process 

in which the first step is an 

organizational safety and health 

management system review. This review 

is designed to determine if the applicant 

has a VPP-quality safety and health 

management system in place and the 

management commitment required to 

effectively implement the system at the 

worksite level. OSHA demonstrated that 

such a review is effective, whether the 

applicant’s facilities are coming into 

VPP individually (site-based applicants) 

or as part of a DGA (mobile workforce 

applicants). 

Incorporating the DGA concept into 

the corporate way to participate 

provides employers with additional 

flexibility with regard to the 

implementation and evaluation of their 

safety and health management system. 

OSHA recognizes that there are 

significant differences among the large 

employers willing to make the necessary 

commitment for corporate participation. 

These organizations may find it 

appropriate to seek participation at the 

individual site level, at multiple sites 

within a DGA, or both. Upon 

completing the corporate safety and 

health management system review, a 

participant can then choose either or 

both of the two participation options 

tested. That is, a participant can submit 

a streamlined application and undergo a 

streamlined onsite evaluation for an 

individual location, or a participant can 

seek participation by having OSHA visit 

a sampling of worksites within a DGA. 

In either case, the applicant site/DGA 

will be subject to the policies and 

requirements outlined in VI.B (sitebased) or VI.C (mobile). 

The successful experience of OSHA’s 

VPP Corporate Pilot leads the Agency 

now to establish the new category of 

corporate participation. This corporate 

option is available for multiple-facility 

employers who have made a significant, 

organization-wide commitment to VPP 

and who have fixed locations, mobile 

workforces, or both. 

C. Reorganizing the VPP Criteria 

VPP policy and participant 

requirements historically focused on the 

three programs, Star, Merit, and 

Demonstration. For each of these 

programs there was only one way to 

participate, individual site-based 

participation. All safety and health 

management system requirements and 

injury and illness performance 

requirements were embedded within the 

Star Program. Merit and Demonstration 

Program provisions specified how 

system and performance requirements 

differed from Star. 

The backbone of VPP remains its 

safety and health management system, 

and OSHA desires to emphasize this 

system’s applicability and feasibility for 

all types of industries, workplaces, and 

program participants. Therefore, OSHA 

has created a specific section devoted to 

the VPP safety and health management 

system. Other than minor variations to 

accommodate the different ways to 

participate, the VPP safety and health 

management system elements and subelements remain consistent with past 

notices. 

The addition of new ways to 

participate has prompted OSHA to 

restructure VPP to clarify participation 

options and procedures. Each way to 

participate is spelled out individually, 

with its unique features, requirements, 

and evaluation processes. This has 

resulted in what may appear to be 

unnecessary repetition within the Ways 

to Participate Sections VI.B., C., and D. 

However, OSHA believes that this 

format actually facilitates clarity. An 

interested employer can go to one place 

within the notice to review relevant 

information and requirements. OSHA 

hopes that its reorganization of VPP 

criteria, now Sections III through VIII, 

will help employers and employees 

identify the most appropriate way to 

participate and all related requirements 

of the selected participation option. 

D. Demonstration Program Modification 

OSHA no longer will require that all 

Demonstration Program participants 

maintain Star-level safety and health 

management systems and injury and 

illness performance levels. Participants 

will be required to adhere to the 

provisions of their particular 

demonstration. In no circumstance will 

a demonstration allow approval below 

the minimum Merit level requirements. 

The basic intent of the Demonstration 

Program always has been to enable 

OSHA to test alternate requirements and 

procedures. The requirement for Starlevel performance unnecessarily limits 

the flexibility OSHA needs. OSHA 

believes its frequent onsite visits to 

Demonstration participant sites and 

continuing review of participant selfevaluations, coupled with the new 

minimum performance requirements, 

provide sufficient oversight and needed 

flexibility. Any Demonstration 

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participants initially approved at the 

Merit level will be subject to VPP 

requirement for continuous 

improvement and the Merit requirement 

to achieve Star-level systems and 

performance. 

E. Star Rate Reduction Plan and 1-Year 

Conditional Status 

Over the years, OSHA has had 

difficulty implementing in a fair and 

consistent manner the program’s 

provisions that apply when a Star 

participant’s rates climb above required 

levels. Under current procedures, if a 

participant’s 3-year injury and illness 

rates slip during the period between 

regularly scheduled OSHA reapproval 

visits, OSHA must place the participant 

on a 2-year rate reduction plan. If rates 

slip in a year when an OSHA team 

visits, OSHA must place the participant 

on 1-year conditional status, and may 

also require a 2-year rate reduction plan. 

A problem arises when a participant 

fits the latter scenario but has no 

identifiable safety and health 

management system deficiency. 

Conditional status is inappropriate and, 

in fact, cannot be lifted within the 

required 1-year timeframe because the 

participant may need the allowed 2 

years to return to Star-level rates. 

Therefore, the change in these 

provisions is to correct an unintended 

consequence of current rules. OSHA 

now may require a 2-year rate reduction 

plan whenever a Star participant’s rates 

exceed required minimum levels. OSHA 

now may impose 1-year conditional 

status when an OSHA onsite team 

identifies a deficiency in a Star 

participant’s safety and health 

management system. 

F. Federal Agency Construction 

Activities 

When OSHA opened VPP 

participation to Federal agencies, the 

Agency did not anticipate that some 

applicant facilities might be engaged 

primarily in construction activities. This 

revision makes clear that all applicants 

primarily engaged in construction 

activities must follow OSHA’s 

construction regulations and VPP’s 

additional construction requirements. 

This includes the requirement to 

include in a participant’s injury and 

illness rates the experience of all 

employees, including contractors. 

G. Expectation of Continuous 

Improvement 

The principle of continuous 

improvement is integral to the VPP 

experience. Participants’ required 

annual self-evaluations are intended to 

measure success, identify ‘‘what 

improvements can be made to make [the 

safety and health management system] 

even more effective’’ (Appendix C, VPP 

Policies and Procedures Manual, OSHA 

Directive CSP 03–01–003), and 

determine goal modifications and 

needed and desirable changes. OSHA 

evaluation teams, during their periodic 

visits, verify this improvement and offer 

suggestions that will help participants 

create ever more effective employee 

protections. 

Whenever OSHA officials describe 

VPP to interested parties, they stress 

that participants are expected to 

continuously improve. This principle, 

which is explicit in the VPP Policies 

and Procedures Manual, is now made 

explicit in this Federal Register notice 

in III.E. Additional Expectations. 

H. Expectation of Outreach and 

Mentoring Activity 

VPP has a long history of participants 

voluntarily reaching out to help other 

businesses, their industries and 

communities, and OSHA. Through 

mentoring, technical assistance, 

participation in training, presentations 

at conferences and other events, 

community service, and involvement in 

the VPP Special Government Employee 

Program, VPP participants have helped 

OSHA spread the message of effective 

safety and health management. 

OSHA recognizes VPP participants as 

the best safety and health performers in 

the nation, the role models for others 

wishing to improve safety and health for 

their employees. It is through outreach 

and mentoring that VPP participants 

fulfill their responsibilities as role 

models and cooperative partners with 

OSHA. 

The Gallup Organization, in its 2005 

study commissioned by the Department 

of Labor, ‘‘Evaluation of the Voluntary 

Protection Program,’’ included 

measuring the overall impact of VPP 

participants’ outreach and mentoring 

programs. The study found impressive 

benefits and accomplishments in this 

area. For example, Gallup 

conservatively estimated that VPP 

participants in 2004 had 2,365 people 

performing mentoring activities that 

touched more than 529,000 employees 

beyond VPP facilities. Gallup reported 

that, at the request of organizations 

other than OSHA, VPP participants 

conducted outreach activities at a cost 

of 30,000 hours in 2004. Responding to 

OSHA requests, participants conducted 

an additional 41,400 hours of activity 

that year. 

Because of the need for such activity 

and participants’ well-established track 

record, OSHA now believes that 

outreach and mentoring should be 

stated principles of VPP. Therefore, they 

are made explicit in this Federal 

Register notice in III.E. Additional 

Expectations. 

III. The Voluntary Protection Programs 

A. Purpose of the Voluntary Protection 

Programs 

OSHA has long recognized that a 

multifaceted approach is the best way to 

accomplish all the goals of the OSH Act. 

Employer compliance with occupational 

safety and health standards, OSHA 

regulations, 29 CFR part 1960 for 

Federal agencies, and the general duty 

clause—all the requirements of the OSH 

Act—is essential. Regulations and 

enforcement alone, however, cannot 

replace the understanding of work 

processes, materials, and hazards that 

comes with employers’ and employees’ 

daily on-the-job experience and 

commitment to workplace safety and 

health. This knowledge, combined with 

an ability to evaluate and address 

hazards rapidly, enables employers and 

employees to take responsibility for 

their own safety and health in ways not 

available to OSHA. 

OSHA’s substantial experience with 

safety and health management systems 

has shown the value of a 

comprehensive, systematic approach to 

worker protection. The principles of 

safety and health management can 

effectively prevent hazards and protect 

workers, whether implemented for fixed 

worksites or mobile workforces. It is 

OSHA’s policy, therefore, to promote 

safety and health management systems 

tailored to the needs of particular 

worksites and situations. 

The purpose of the Voluntary 

Protection Programs (VPP) is to 

emphasize the importance of, encourage 

the improvement of, and recognize 

excellence in comprehensive employerprovided, employee-participative 

occupational safety and health 

management systems in meeting the 

goal of the OSH Act ‘‘to assure so far as 

possible every working man and woman 

in the Nation safe and healthful working 

conditions and to preserve our human 

resources * * *.’’ This emphasis is 

demonstrated through assistance to 

employers in their efforts to reach the 

VPP level of systems and performance 

excellence; through cooperation among 

government, labor, and management to 

resolve safety and health problems; and 

through official recognition of 

employers and employees who together 

have developed and implemented 

excellent safety and health management 

systems. These systems provide the 

structures and strategies for preventing 

or controlling occupational hazards. 

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VPP participants are expected to 

effectively protect workers from the 

hazards of the workplace. They do this 

by meeting VPP’s rigorous, timetestedcriteria for approval, continued 

participation, and continuous 

improvement. Employers who develop 

and implement VPP-quality systems not 

only are working to remain compliant 

with OSHA’s rules, but also are striving 

to excel. They use flexible and creative 

strategies that go beyond OSHA’s basic 

workplace requirements in a quest to 

provide the best feasible protection for 

their workers. 

VPP participants serve as models for 

effective employee protection in their 

industries. Impressive reductions in 

injuries and illnesses—participants’ 

rates are well below industry averages— 

are the most obvious evidence of VPP’s 

success. Other performance measures, 

plus anecdotal evidence and participant 

testimonials, reveal significant cost 

savings, including workers’ 

compensation cost reductions; reduced 

employee turnover; improvements in 

the quality of participants’ products and 

services; and other benefits. Participants 

speak often of the ‘‘cultural 

transformation’’ that can occur during 

the process of preparing for application 

to VPP. These experiences are helping 

to convince skeptics that productivity, 

quality, profitability, and safety and 

health are complementary goals. 

VPP participants enter into a new 

relationship with OSHA. In this 

innovative public/private partnership, 

cooperation and trust nourish 

improvements in safety and health, not 

just at VPP sites, but also beyond the 

worksite boundaries. VPP companies 

are afforded the opportunity to provide 

the Agency with input on safety and 

health matters. At the same time, the 

recognition and status gained by their 

participation in VPP, and their 

commitment to improving their 

industries and communities, enable 

them to accomplish a broad range of 

safety and health objectives. VPP 

participants mentor other worksites 

interested in improving their safety and 

health management systems; conduct 

safety and health training and outreach 

seminars; and hold safety and health 

conferences that focus on leading-edge 

safety and health issues. VPP 

participants also participate with OSHA 

on VPP onsite reviews through the 

innovative VPP Special Government 

Employee (SGE) Program. The SGE 

Program offers private and public sector 

safety and health professionals and 

other qualified participants the 

opportunity to exchange ideas, gain new 

perspectives, and grow professionally 

while serving as full-fledged team 

members on OSHA’s VPP onsite 

evaluations. 

One way OSHA recognizes VPP 

participants’ safety and health 

excellence is by removing them from 

programmed inspection lists for the 

duration of their participation, unless 

they choose to remain on the lists. This 

helps OSHA to focus its enforcement 

inspections on establishments that are 

less likely to meet the requirements of 

the OSH Act. However, OSHA 

continues to investigate valid employee 

safety and health complaints, fatalities 

and catastrophes, and other significant 

events at VPP sites according to 

established Agency procedures. 

Participation in any of the programs 

does not diminish existing employer 

and employee responsibilities and rights 

under the OSH Act and, for Federal 

agencies, under 29 CFR part 1960. In 

particular, OSHA does not intend to 

increase the liability of any party at an 

approved VPP site. Employees or any 

representatives of employees taking part 

in an OSHA-approved VPP safety and 

health program do not assume the 

employer’s statutory or common law 

responsibilities for providing safe and 

healthful workplaces; nor are employees 

or their representatives expected to 

guarantee a safe and healthful work 

environment. 

The programs included in the VPP are 

voluntary in the sense that no employer 

is required to participate. Compliance 

with OSHA’s requirements and 

applicable laws remains mandatory. 

Initial achievement and then continuing 

maintenance of the VPP requirements 

are conditions of participation. 

The Assistant Secretary for 

Occupational Safety and Health 

determines approval for initial 

participation in the VPP, advancement 

to the Star Program, all participation in 

Demonstration Programs, and 

termination from the VPP. The OSHA 

Regional Administrator who has 

jurisdiction over a participant 

determines approval for continuation in 

the Star (including 1-year Conditional 

Star participation) and Merit Programs. 

B. Purpose of This Notice 

This notice describes the Voluntary 

Protection Programs, VPP’s constituent 

programs, the VPP Safety and Health 

Management System; how to apply; 

ways to participate and criteria for 

approval; participation decisions; and 

post-approval interactions. 

C. Programs Within VPP 

VPP consists of three programs: Star, 

Merit, and Demonstration. 

• The Star Program recognizes 

employers and employees who 

demonstrate exemplary achievement in 

the prevention and control of 

occupational hazards through the 

development, implementation, and 

continuous improvement of their safety 

and health management systems. 

• The Merit Program recognizes 

employers and employees who have 

developed and implemented good safety 

and health management systems but 

who must take additional steps to reach 

Star quality. 

• The Demonstration Program 

recognizes employers and employees 

who operate effective safety and health 

management systems that differ from 

current VPP requirements. This program 

enables OSHA to test the efficacy of 

different approaches. 

1. The Star Program 

a. Purpose 

The Star Program recognizes leaders 

in occupational safety and health who 

are successfully protecting workers from 

death, injury, and illness by 

implementing comprehensive and 

effective safety and health management 

systems. Star participants willingly 

share their experience and expertise, 

and they encourage others to work 

toward comparable success. 

b. Experience Operating the Safety and 

Health Management System 

All elements of a successful safety 

and health management system, as 

delineated in Section IV. below, must be 

operating for a period of not less than 

12 months before Star approval. 

c. Injury and Illness Performance 

Requirements 

In order to qualify for the Star 

Program, applicants/participants must 

meet and maintain certain injury and 

illness rate requirements. For further 

specifics on these requirements, see the 

Injury and Illness Performance sections 

at VI.B., C., and D. 

2. The Merit Program 

a. Purpose 

The Merit Program recognizes 

employers and employees in any 

industry who have implemented a 

safety and health management system 

that in one or more elements does not 

yet meet the level of development or 

performance required for the Star 

Program. If OSHA determines that an 

applicant has demonstrated the 

commitment and possesses the 

resources to achieve Star requirements 

within 3 years, then OSHA may approve 

Merit Program participation. As a 

condition of Merit participation, the 

applicant agrees to specified goals that, 

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when achieved, will raise performance 

to the Star level. 

b. Experience Operating the Safety and 

Health Management System 

To qualify for the Merit Program, an 

eligible applicant must have a written 

safety and health management system. 

(1) The basic elements (management 

leadership and employee involvement, 

worksite analysis, hazard prevention 

and control, and safety and health 

training) must all be operational or, at 

a minimum, in place and ready for 

implementation by the date of approval. 

(2) The eligible applicant may not 

have met each of the specific Star-level 

requirements comprising each basic 

element. Participation in Merit is an 

opportunity for employers and their 

employees to work with OSHA to more 

fully develop their safety and health 

management system and improve its 

performance. The participant’s safety 

and health management system must be 

at Star quality within 3 years. For Star 

quality system requirements, see IV. 

below. 

c. Goals 

In consultation with the applicant, 

OSHA will set goals intended to bring 

the safety and health management 

system and its performance up to Star 

level. 

3. Demonstration Programs 

a. Purpose 

(1) Demonstration Programs provide 

the opportunity for organizations and/or 

worksites to demonstrate the 

effectiveness of alternative methods of 

achieving safety and health management 

system excellence that could modify 

current VPP requirements. OSHA may 

approve a Demonstration Program for 

such purposes as: 

(a) Exploring the application of VPP 

in industries where OSHA lacks 

substantial experience; 

(b) Testing alternative application and 

approval protocols that may expand 

VPP eligibility or serve other program 

objectives; 

(c) Demonstrating the feasibility of 

joint Federal agency oversight of VPP 

applicants/participants, including joint 

evaluations, in the area of workplace 

safety and health. 

(2) A Demonstration Program also 

may be used to test the potential for a 

new program within VPP or another 

cooperative initiative. 

b. Program Development and Approval 

(1). OSHA will develop the basic 

parameters of a Demonstration Program 

at the National Office or Regional level 

and will include a clear outline of 

specific requirements. 

(2) The decision to implement a 

Demonstration Program must be 

approved by the Assistant Secretary 

before any applicants are considered for 

participation. 

c. Requirements for Demonstration 

Programs 

(1) Safety and Health Management 

System Requirements. Demonstration 

Program applicants must have a safety 

and health management system that, at 

a minimum, addresses the basic VPP 

elements (management leadership and 

employee involvement, worksite 

analysis, hazard prevention and control, 

and safety and health training), plus 29 

CFR part 1960 requirements for Federal 

agencies and 29 CFR 1926.20 

requirements for construction 

applicants. How the applicant 

implements these elements may be the 

subject of demonstration. 

(2) Applicants must demonstrate to 

the Assistant Secretary’s satisfaction 

that the alternative approach shows 

reasonable promise of being successful 

and of leading to changes in VPP 

requirements. 

(3) Injury/Illness Performance 

Requirements. A Demonstration 

Program’s injury/illness rate 

requirements will depend on the 

specific provisions of the 

Demonstration. 

d. Preapproval Onsite Evaluation 

(1) Purpose. The preapproval onsite 

review, which OSHA conducts in a nonenforcement capacity, is a review of the 

applicant’s safety and health 

management system and the 

effectiveness of the alternate criteria 

being demonstrated. It is conducted to: 

(a) Verify the information supplied in 

the application concerning qualification 

for VPP; 

(b) Identify the strengths and 

weaknesses of the applicant’s safety and 

health management system and evaluate 

its adequacy to address hazards and to 

ensure compliance with all OSHA 

requirements; 

(c) Determine how effectively the 

applicant has implemented its safety 

and health management system; 

(d) Identify any deficiencies in the 

applicant’s safety and health 

management system that must be 

satisfactorily addressed before OSHA 

will approve the applicant; and 

(e) Obtain information to assist the 

Assistant Secretary in making the VPP 

approval decision. 

(2) Duration and Scope. The duration 

and scope of the preapproval onsite 

evaluation will depend on the specific 

provisions of the demonstration. OSHA 

expects that the onsite evaluation 

normally will include document review, 

walkthrough, and management and 

employee interviews. For more 

information on what OSHA looks for 

during onsite evaluations, see the 

Preapproval Onsite Review sections at 

VI.B., C., and D. 

e. Term of Participation 

Applicants may be approved to a 

Demonstration Program for the period of 

time specified in the particular program. 

The term normally will not exceed 5 

years. 

f. Periodic Reevaluation 

(1) Purpose. Onsite reevaluation of 

Demonstration Program participants is 

intended to: 

(a) Determine continued qualification 

for the Demonstration Program; 

(b) Document results of 

Demonstration Program participation in 

terms of the evaluation criteria and 

other noteworthy aspects of the 

participant’s safety and health 

management system; 

(c) Ensure that the demonstration 

aspects of the program continue to be 

effective and protect employees; and 

(d) Identify any problems that have 

the potential to adversely affect 

continued Demonstration Program 

qualification and determine appropriate 

follow-up actions. 

(2) Frequency. OSHA will reevaluate 

Demonstration Program participants 

every 12 to 18 months. 

(3) Duration and Scope. See 

III.C.3.d.(2) above. 

g. Approval and Transition of 

Demonstration Program Participants to 

Another VPP Program 

(1) Approval to another VPP program 

is contingent upon: 

(a) Successful demonstration of the 

alternatives tested within the 

Demonstration Program; 

(b) A decision by the Assistant 

Secretary that changing VPP 

requirements to allow inclusion of these 

alternative provisions is desirable and 

will result in a continuing high level of 

worker protection. Once the Assistant 

Secretary decides to change VPP 

requirements, the changes will be 

effective on the date announced to the 

public. 

(c) OSHA’s satisfaction that the 

participant meets all requirements of the 

VPP program to which it is 

transitioning. 

(2) When the VPP changes become 

effective, a Demonstration participant 

may be approved to another program 

within VPP without submitting a new 

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application or undergoing further onsite 

review, provided that the approval 

occurs no later than 18 months 

following the last OSHA onsite 

evaluation under the Demonstration 

Program. If more than 18 months have 

elapsed, OSHA must conduct an onsite 

evaluation prior to recommending the 

participant’s approval to another 

program. 

h. Demonstration Termination 

(1) OSHA will terminate a 

Demonstration Program for the 

following reasons: 

(a) The Demonstration is likely to 

endanger participating workers; 

(b) It is unlikely that the 

Demonstration will result in 

participants’ approval to another VPP 

program, creation of a new program, or 

other VPP changes; or 

(c) The Demonstration period has 

expired. 

(2) When a Demonstration Program 

ends, any participants not approved to 

another program within VPP will be 

terminated. 

D. Guiding Principles 

The following essential principles 

underlie all VPP participation. An 

applicant/participant’s failure to adhere 

to these principles is grounds for 

disapproval or termination. 

1. Safety and Health Management 

System Excellence 

VPP applicants and participants must 

demonstrate, in the development and 

ongoing implementation of their safety 

and health management systems, a level 

of excellence commensurate with the 

rigorous standards and performance 

requirements embodied within VPP. 

VPP-quality safety and health 

management systems effectively 

identify, analyze, and prevent/control 

hazards, thereby ensuring the protection 

of employees and the prevention of 

workplace injuries and illnesses. 

2. Cooperative Relationship 

Based on the intent and history of 

VPP, OSHA expects participants to 

work cooperatively and proactively with 

the Agency, both in the resolution of 

safety and health problems and in the 

promotion of effective safety and health 

management systems. This cooperation 

is founded in an essential trust among 

labor, management, and OSHA. 

Applicants often report that the 

experience of developing and 

implementing a VPP-quality safety and 

health management system, with its 

emphasis on active management 

leadership and meaningful employee 

involvement, is a powerful catalyst for 

strengthening cooperation and trust. 

OSHA facilitates cooperation by 

designating a contact person, usually 

the Regional VPP Manager, who 

coordinates each approved participant’s 

contact with the Agency. 

3. Employee Support for VPP 

Participation 

a. Any application received by OSHA 

must reflect the support of applicant’s 

employees. 

b. When an applicant’s employees are 

unionized, 

(1) The applicant may be required to 

provide evidence of support from 

applicable collective bargaining 

representatives. For specific 

requirements concerning union support 

for VPP participation, see the Eligibility 

sections at VI.B., C., and D. 

(2) Unions retain the right to 

withdraw support at any time. In such 

event, OSHA will reevaluate the 

participant’s continuing qualification. If 

a union’s withdrawal of support results 

in a participant no longer meeting the 

VPP eligibility requirements of VI.B., C., 

or D., OSHA will ask the participant to 

withdraw or will terminate the 

participant from VPP. 

4. Compliance with the OSH Act 

All VPP applicants and participants 

will comply with the OSH Act, OSHA 

requirements, and in the case of Federal 

agencies, 29 CFR part 1960. Any 

deficiencies related to compliance that 

are uncovered through OSHA onsite 

reviews, self-inspections, employee 

reports, accident investigations, process 

hazard reviews, annual self-evaluations, 

or any other means must be corrected 

promptly. OSHA expects applicants/ 

participants to provide effective interim 

protection as necessary to keep 

employees safe while corrections are 

being made. 

5. OSHA History 

If an applicant has been inspected by 

OSHA within the 36-month period 

preceding application, the inspection, 

abatement, and/or any other history of 

interaction with OSHA must indicate 

good faith attempts to improve safety 

and health. Which aspects of an 

applicant’s history OSHA will examine 

depends on how the applicant proposes 

to participate, that is, site-based, mobile 

workforce, or corporate participation. 

For further specifics, see the Eligibility 

sections at VI.B., C., and D. 

6. Assurances 

Applications to VPP must be 

accompanied by certain assurances 

describing what the applicant agrees to 

do if OSHA approves the application. 

Some of these assurances apply across 

the entire VPP. Others differ slightly, 

depending on how the applicant 

proposes to participate, that is, sitebased, mobile workforce, or corporate 

participation. See the Assurances 

sections at VI.B., C., and D. 

E. Additional Expectations 

The following provisions reflect 

longstanding aspects of VPP 

participation that further define OSHA’s 

expectations for VPP participants: 

1. Continuous Improvement 

VPP participants must demonstrate 

continuous improvement in the 

operation and impact of their safety and 

health management systems. Annual 

VPP self-evaluations help participants 

measure success, identify areas needing 

improvement, determine needed 

changes, and track the implementation 

of these changes. OSHA onsite 

evaluation teams verify this 

improvement. 

2. Outreach 

OSHA expects its VPP participants to 

serve as models of safety and health 

excellence in their industries and their 

communities. This can be accomplished 

in a variety of ways, including 

a. Mentoring other worksites 

interested in improving safety and 

health; 

b. Participating and giving 

presentations at safety and health 

conferences; training initiatives; 

meetings of labor, industry and 

government groups; and other outreach 

opportunities; 

c. Serving as Special Government 

Employees on VPP onsite evaluation 

teams; and 

d. Sharing best practices and success 

stories. 

F. Recognition 

When OSHA approves an applicant 

for participation in the VPP, the Agency 

recognizes that the applicant is 

providing, at a minimum, the basic 

elements of ongoing, systematic 

protection of workers in accordance 

with rigorous VPP criteria. This 

protection makes general schedule 

inspections unnecessary. Therefore, the 

employer’s approved site(s) are removed 

from OSHA’s programmed inspection 

lists (unless the participant chooses not 

to be removed). OSHA also publicizes 

VPP participants’ successes in a variety 

of ways, including stories on the 

Agency’s Web site, http:// 

www.osha.gov; press releases and other 

Agency media; and recognition during 

Agency officials’ speeches and 

presentations. 

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The VPP symbols of recognition are 

plaques of approval and program flags. 

The participant also may choose to use 

the VPP logo on such items as 

letterhead, shirts, and mugs. 

IV. The VPP Safety and Health 

Management System 

This section sets forth the elements 

and sub-elements of the comprehensive 

workplace safety and health 

management system required of VPP 

participants. 

A. Management Leadership and 

Employee Involvement 

Each applicant must be able to 

demonstrate top-level management 

leadership in its safety and health 

management system. Management 

systems for comprehensive planning 

must address protection of worker safety 

and health. Employees must be 

meaningfully involved in the safety and 

health management system. 

1. Commitment to Safety and Health 

Protection 

Authority and responsibility for 

employee safety and health must be 

integrated with the overall management 

system of the organization and must 

involve employees. This commitment 

includes: 

a. Policy. Clearly established policies 

for worker safety and health protection 

that have been communicated to and 

understood by employees; and 

b. Goal and Objectives. Established 

and communicated goals for the safety 

and health management system and 

results-oriented objectives for meeting 

the goals, so that all members of the 

organization understand the results 

desired and the measures planned for 

achieving them, especially those factors 

that directly apply to them. 

2. Commitment to VPP Participation 

Management must clearly 

demonstrate commitment to meeting 

and maintaining the requirements of the 

VPP. 

3. Planning 

Planning for safety and health must be 

a part of the overall management 

planning process. In construction, this 

includes pre-job planning and 

preparation for different phases of 

construction as the project progresses. 

4. Written Safety and Health Program 

All critical elements of a basic safety 

and health management system must be 

part of the written program. These 

critical elements are management 

leadership and employee involvement, 

worksite analysis, hazard prevention 

and control, and safety and health 

training. Federal agencies’ written 

programs must also meet the 

requirements of 29 CFR part 1960, and 

construction companies’ written 

programs must also meet the 

requirements of 29 CFR 1926.20. All 

aspects of the safety and health 

management system must be 

appropriate to the size of the worksite(s) 

and the type of industry. For small 

businesses, OSHA may waive some 

formal requirements, such as certain 

written procedures or documentation, 

where the effectiveness of the systems 

has been evaluated and verified. OSHA 

will decide waivers on a case-by-case 

basis. 

5. Management Leadership 

Managers must provide visible 

leadership in implementing the safety 

and health management system. This 

must include: 

a. Establishing clear lines of 

communication with employees; 

b. Setting an example of safe and 

healthful behavior; 

c. Creating an environment that 

allows for reasonable employee access 

to top site management; 

d. Ensuring that all workers at the 

site, including contract workers, are 

provided equally high quality safety and 

health protection; 

e. Clearly defining responsibility in 

writing, with no unassigned areas. Each 

employee, at any level, must be able to 

describe his/her responsibility for safety 

and health; 

f. Assigning commensurate authority 

to those who have responsibility; 

g. Affording adequate resources to 

those who have responsibility and 

authority. This includes such resources 

as time, training, personnel, equipment, 

budget, and access to information and 

experts, including appropriate use of 

certified safety professionals (CSP), 

certified industrial hygienists (CIH), 

other licensed health care professionals, 

and other experts as needed, based on 

the risks at the site; and 

h. Holding managers, supervisors, and 

non-supervisory employees accountable 

for meeting their safety and health 

responsibilities. In addition to clearly 

defining and implementing authority 

and responsibility for safety and health 

protection, management leadership 

entails evaluating managers and 

supervisors annually, and operating a 

documented system for correcting 

deficient performance. 

6. Employee Involvement 

The site culture must enable and 

encourage effective employee 

involvement in the planning and 

operation of the safety and health 

management system and in decisions 

that affect employees’ safety and health. 

The requirement for employee 

participation may be met in a variety of 

ways, as long as employees have at least 

three active and meaningful ways to 

participate in safety and health problem 

identification and resolution. This 

involvement must be in addition to the 

individual right to notify appropriate 

managers of hazardous conditions and 

practices and to have issues addressed. 

Examples of acceptable employee 

involvement include but are not limited 

to the following: 

a. Participating in ad hoc safety and 

health problem-solving groups; 

b. Participating in audits and/or 

worksite inspections; 

c. Participating in accident and 

incident investigations; 

d. Developing and/or participating in 

employee improvement suggestion 

programs; 

e. Training other employees in safety 

and health; 

f. Analyzing job/process hazards; 

g. Acting as safety observers; and 

h. Serving on safety and health 

committees constituted in conformance 

to the National Labor Relations Act. 

7. Contract Worker Coverage 

All contractors and subcontractors, 

whether at general industry, 

construction, maritime, or Federal 

agency VPP sites, must follow worksite 

safety and health rules and procedures 

applicable to their activities while at the 

site. 

a. In addition to ensuring that 

contractors follow site safety and health 

rules, VPP participants are expected to 

encourage their contractors to develop 

and operate effective safety and health 

management systems. 

b. To this end, participants must have 

in place a documented oversight and 

management system for contractors that 

ensures the contractors’ employees are 

provided effective protection and that 

drives improvement in contractor safety 

and health. Such a system should 

ensure that safety and health 

considerations are addressed during the 

contractor selection process and when 

contractors are onsite. 

8. Self-Evaluation of the Safety and 

Health Management System 

The applicant must have a system for 

annually evaluating the organization’s 

safety and health efforts. This system 

will judge success in meeting goals and 

objectives, and will assist those 

responsible to determine and implement 

changes for continually improving 

worker safety and health protection. 

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a. The system must provide for an 

annual written narrative report with 

recommendations for timely 

improvements, assignment of 

responsibility for those improvements, 

and documentation of timely follow-up 

action or the reason no action was 

taken. 

b. The evaluation must assess the 

effectiveness of all elements described 

in Section IV and any other elements of 

the applicant’s safety and health 

management system. 

c. The evaluation may be conducted 

by competent site, corporate, or other 

persons who are trained and/or 

experienced in performing such 

evaluations. The evaluation should 

follow the format established by OSHA. 

B. Worksite Analysis 

The successful management of 

workplace hazards begins with a 

thorough understanding of all 

hazardous situations to which 

employees may be exposed and the 

ability to recognize and correct all 

hazards as they arise. This requires: 

1. Procedures to ensure analysis of all 

newly acquired or altered facilities, 

processes, materials, equipment, and/or 

phases before use begins, to identify 

hazards and the means for their 

prevention or control. 

2. Comprehensive safety and health 

surveys, at intervals appropriate for the 

nature of workplace operations, which 

include: 

a. Identification of safety hazards 

accomplished by an initial 

comprehensive baseline survey and 

then subsequent surveys as needed; 

b. Identification of health hazards and 

employee exposure levels accomplished 

through an industrial hygiene sampling 

rationale and strategy. Sampling 

rationale should be based on data 

including reviews of work processes, 

material safety data sheets, employee 

complaints, exposure incidents, medical 

records, and previous monitoring 

results. The sampling strategy should 

include baseline and subsequent 

surveys that assess employees’ exposure 

through screening and full-shift 

sampling when necessary; and 

c. The use of nationally recognized 

procedures for all sampling, testing, and 

analysis with written records of results. 

3. Routine examination and analysis 

of safety and health hazards associated 

with individual jobs, processes, or 

phases and inclusion of the results in 

training and hazard control programs. 

This may include job hazard analysis 

and/or process hazard review. In 

construction, the emphasis must be on 

special safety and health hazards of 

each craft and each phase of work. 

4. A system for conducting, as 

appropriate, routine self-inspections 

that follows written procedures or 

guidance and that results in written 

reports of findings and tracking of 

hazard elimination or control to 

completion. 

a. For general industry and maritime 

applicants/participants under the sitebased way to participate, these 

inspections must occur no less 

frequently than monthly and must cover 

the entire worksite at least quarterly; 

b. For construction sites opting for the 

site-based way to participate and for all 

applicants/participants under the 

mobile workforce way to participate, 

these inspections must cover the entire 

worksite at least weekly and must 

involve trained employees. 

5. A reliable system for employees, 

without fear of reprisal, to notify 

appropriate management personnel in 

writing about conditions that appear 

hazardous and to receive timely and 

appropriate responses. The system must 

include tracking of responses and 

tracking of hazard elimination or control 

to completion. 

6. An accident/incident investigation 

system that includes written procedures 

or guidance, with written reports of 

findings and hazard elimination or 

control tracking to completion. 

Investigations are expected to seek out 

root causes of the accident or event and 

to cover ‘‘near miss’’ incidents. 

7. A system to analyze trends through 

a review of injury/illness experience 

and hazards identified through 

inspections, employee reports, accident 

investigations, OSHA logs, and/or other 

means, so that patterns with common 

causes can be identified and the causes 

eliminated or controlled. 

C. Hazard Prevention and Control 

Site hazards identified during the 

hazard analysis process must be 

eliminated or controlled by developing 

and implementing the systems 

discussed at IV.C.2. below and by using 

the hierarchy provided at IV.C.3. below. 

1. The hazard controls a site chooses 

to use must be: 

a. Understood and followed by all 

affected parties; 

b. Appropriate to the hazards of the 

site; 

c. Equitably enforced through a 

clearly communicated, written 

disciplinary system that includes 

procedures for disciplinary action or 

reorientation of managers, supervisors, 

and non-supervisory employees who 

break or disregard safety rules, safe 

work practices, proper materials 

handling, or emergency procedures; 

d. Written, implemented, and updated 

by management as needed, and must be 

used by employees; and 

e. Incorporated in training, positive 

reinforcement, and correction programs. 

2. The required systems of hazard 

prevention and control are: 

a. A system for initiating and tracking 

hazard elimination or control in a 

timely manner; 

b. A written system for, and ongoing 

documentation of, the monitoring and 

maintenance of workplace equipment 

such as preventive and predictive 

maintenance, to prevent equipment 

from becoming hazardous; 

c. An occupational health care 

program that uses licensed health care 

professionals to assess employee health 

status for prevention, early recognition, 

and treatment of illness and injury; and 

that provides, at a minimum, access to 

certified first aid and cardiopulmonary 

resuscitation (CPR) providers, physician 

care, and emergency medical care for all 

shifts within a reasonable time and 

distance. Occupational health care 

professionals should be used as 

appropriate to accomplish these 

functions; and 

d. Procedures for response to 

emergencies on all shifts. These 

procedures must be written and 

communicated to all employees; must 

list requirements for personal protective 

equipment, first aid, medical care, and 

emergency egress; and must include 

provisions for emergency telephone 

numbers, exit routes, and training drills 

including, at a minimum, annual 

evacuation drills. 

3. The following hierarchy should 

govern actions to eliminate or control 

hazards, with a. being the most 

desirable: 

a. Engineering controls are the most 

reliable and effective type of controls. 

These are design changes that directly 

eliminate (ideally) or limit the severity 

and/or likelihood of the hazard, for 

example, reduction in pressure/amount 

of hazardous material, substitution of 

less hazardous material, reduction of 

noise produced, fail-safe design, leak 

before burst, fault tolerance/ 

redundancy, ergonomics, etc. This 

category also includes protective safety 

devices such as guards, barriers, 

interlocks, grounding and bonding 

systems, pressure relief valves to keep 

pressure within a safe limit, etc. These 

latter types of controls, although not as 

reliable as true engineering controls, 

typically seek to reduce indirectly the 

likelihood of the hazard. These controls 

are often linked with caution and 

warning devices like detectors and 

alarms that are either automatic (do not 

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require a human response) or manual 

(require a human response); 

b. Administrative controls that 

significantly limit daily exposure to 

hazards by control or manipulation of 

the work schedule or manner in which 

work is performed, e.g., job rotation; 

c. Work Practice controls, a type of 

administrative control that includes 

workplace rules, safe and healthful 

work practices, and procedures for 

specific operations. Work Practice 

controls modify the manner in which an 

employee performs assigned work. This 

modification may result in a reduction 

of exposure through such methods as 

changing work habits, improving 

sanitation and hygiene practices, or 

making other changes in the way the 

employee performs the job. 

d. Personal protective equipment 

(PPE). 

D. Safety and Health Training 

Training is necessary to reinforce and 

complement management’s commitment 

to prevent exposure to hazards. All 

employees must understand the hazards 

to which they may be exposed and how 

to prevent harm to themselves and 

others from such hazard exposure. 

Effective training enables employees to 

accept and follow established safety and 

health procedures. Training for safety 

and health must ensure that: 

1. Managers and supervisors 

understand their safety and health 

responsibilities (see IV.A.) and are able 

to carry them out effectively; 

2. Managers, supervisors, and nonsupervisory employees (including 

contract employees) are made aware of 

hazards, and are taught how to 

recognize hazardous conditions and the 

signs and symptoms of workplacerelated illnesses; 

3. Managers, supervisors, and nonsupervisory employees (including 

contractor employees) learn the safe 

work procedures to follow in order to 

protect themselves from hazards, 

through training provided at the same 

time they are taught to do a job and 

through reinforcement; 

4. Managers, supervisors, nonsupervisory employees (including 

contractor employees), and visitors on 

the site understand what to do in 

emergency situations; and 

5. Where personal protective 

equipment is required, employees 

understand that it is required, why it is 

required, its limitations, how to use it, 

and how to maintain it; and employees 

use it properly. 

V. Application for VPP 

A. General 

VPP accepts applications from private 

sector general industry, maritime, and 

construction employers subject to the 

Occupational Safety and Health Act, 

and from Federal agencies subject to 29 

CFR part 1960. The VPP applicant must 

provide OSHA with information that 

illustrates an effective safety and health 

management system. 

There is no VPP application form. 

OSHA prepares, keeps current, and 

makes available to all interested parties 

application guidelines that explain the 

information to be submitted for OSHA 

review. 

There is no single correct way to meet 

VPP requirements. OSHA expects to see 

a system that works for the applicant’s 

specific work activities and hazards. 

OSHA encourages applicants to use as 

much existing material as possible; 

there is no need to create a large 

quantity of new documents. 

B. Content 

1. Eligible applicants must provide all 

information described in the most 

current version of the relevant 

application instructions. 

2. OSHA will request amendments to 

submitted applications when the 

application information is insufficient 

to determine eligibility for onsite 

review. 

3. Materials needed to document the 

safety and health management system 

that may involve trade secrets or 

employee privacy interests must not be 

included in the application. Instead, 

such materials must be described in the 

application and provided only for 

viewing at the site during an application 

assistance visit and/or during the 

preapproval onsite review. 

C. Submission 

The application and copies must be 

submitted to the appropriate OSHA 

Offices, as specified in the application 

instructions. OSHA normally will 

require applications be submitted 

electronically (on a CD or by e-mail), but 

this requirement may be waived 

depending on circumstances particular 

to the program, the applicant, or the 

OSHA Office. 

D. Acceptance of Application 

1. OSHA conducts an initial review of 

each application to determine whether 

it meets VPP criteria that can be 

substantiated by the applicant’s written 

safety and health management system 

and supporting documentation. The 

applicant will be given the opportunity 

to improve its application by submitting 

amended or additional materials. 

2. If the application is incomplete, 

and if after notification the applicant 

has not responded within 90 days to 

OSHA’s request for more information, 

the Agency will consider the 

application unacceptable and will 

return it to the applicant. The applicant 

may reapply when its application is 

complete. 

E. Withdrawal of Application 

1. Any applicant may withdraw a 

submitted application at any time. 

When the applicant notifies OSHA of its 

desire to withdraw, OSHA will delete 

any electronic application materials it 

holds, and will return to the applicant 

any materials held in hard-copy format. 

2. Once an application has been 

withdrawn, a new submission of an 

application is required to be considered 

for VPP approval. 

F. Public Access 

The following documents will be 

maintained by OSHA for public access 

beginning on the day the applicant 

attains VPP approval and continuing for 

so long as the approved participant 

remains in VPP: 

1. In the National Office: Participant 

general information from the 

application; OSHA’s preapproval report 

and subsequent evaluation reports; the 

Regional Administrator’s or Director of 

Cooperative and State Programs’ 

recommendation to the Assistant 

Secretary; and the Assistant Secretary’s 

and Regional Administrator’s approval 

letters. 

2. The National Office also will 

maintain the complete application and 

related correspondence and 

amendments submitted by corporate 

applicants. 

3. In the Regional Office: For all VPP 

applicants except corporate, the 

complete VPP application and 

amendments; preapproval report and 

subsequent evaluation reports; the 

Regional Administrator’s 

recommendation to the Assistant 

Secretary via the Director of Cooperative 

and State Programs; the Assistant 

Secretary’s and Regional 

Administrator’s approval letters; any 

communications related to the Area 

Office removing the approved 

participant from the general inspection 

list; and related correspondence. 

VI. Ways to Participate 

A. Overview 

1. This section details the three 

primary ways in which businesses and 

other organizations can participate in 

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VPP: Site-based, mobile workforce, and 

corporate. The general principles and 

features of VPP-quality safety and health 

management systems are generally 

consistent for all types of participation. 

These principles can be found in IV. 

above. 

2. There are some differences, 

however, in the details and 

implementation of these systems, and 

how OSHA will evaluate applicants/ 

participants. These differences will 

depend on whether employees work at 

a single fixed site or move from one 

work project to another, and also 

whether an employer is applying 

individually or through a broader 

corporate commitment to VPP. OSHA 

therefore offers, at VI.B., C., and D. 

below, slightly differing requirements 

for the three participation options. 

3. Demonstration Programs may 

present unique features, requirements, 

and processes that do not fit into a clearcut VPP category (way to participate, 

Star or Merit Program). For this reason, 

Demonstration Programs are not 

addressed in this Ways to Participate 

section. Parties interested in a 

Demonstration Program should refer to 

III.C.3. above and the specific provisions 

of the Demonstration announced by 

OSHA. 

B. Site-Based Participation 

1. Purpose 

Site-based participation continues 

VPP’s traditional acceptance of 

applications from fixed worksites and 

some long-term construction sites. 

2. Eligibility 

a. General. OSHA welcomes sitebased VPP participation and accepts 

VPP applications from the owners and 

site officials who control site operations 

and have ultimate responsibility for 

assuring safe and healthful working 

conditions of: 

(1) Private-sector fixed worksites in 

general industry and the maritime 

industry; 

(2) Construction worksites/projects 

that will have been in operation for at 

least 12 months at projected time of 

approval and that expect to continue in 

operation for at least an additional 12 

months; and 

(2) Federal-sector fixed worksites. 

OSHA also welcomes applications 

from: 

(3) Resident contractors at 

participating VPP sites for the 

contractors’ operations at those VPP 

sites. However, resident contractors 

participating at two or more VPP sites 

may be eligible for and prefer the mobile 

workforce way to participate (see 

VI.C.1.a.(2)); and 

(4) Resident contractors at nonparticipating sites for the contractors’ 

operations at those sites, so long as the 

resident contractors are part of a larger 

organization approved to participate 

under the corporate option (see VI.D. 

below). 

b. Unionized Sites. At fixed worksites 

with employees organized into one or 

more collective bargaining units, the 

authorized representative for each 

collective bargaining unit must either: 

(1) Sign the application or 

(2) Submit a signed statement 

indicating that the collective bargaining 

agent supports or is not opposed to VPP 

participation. 

Without such concurrence from all 

such authorized agents, OSHA will not 

accept the application. 

c. OSHA History. In addition to the 

general requirement concerning an 

applicant’s inspection history (see 

III.D.5.), the following applies to sitebased participation: The fixed 

worksite’s history must include no open 

investigations and no pending or open 

contested citations or notices under 

appeal at the time of application, and no 

affirmed willful violations during those 

prior 36 months. 

3. Assurances 

Site-based applications must include 

certain assurances describing what the 

applicant agrees to do if OSHA approves 

the application. The applicant must 

assure that: 

a. Applicant will comply with the 

OSH Act and, in the case of Federal 

agencies, 29 CFR part 1960, and will 

correct in a timely manner all hazards 

discovered through self-inspections, 

employee notification, accident 

investigations, an OSHA onsite review 

or enforcement inspection, process 

hazard reviews, annual evaluations, or 

any other means. The applicant will 

provide effective interim protection as 

necessary to keep employees safe while 

corrections are being made. 

b. Applicant will correct any site 

deficiencies related to compliance with 

OSHA requirements and identified 

during the OSHA preapproval onsite 

review. The correction period will be 

determined by the VPP team leader and 

will not exceed 90 days. 

c. Applicant, following approval, will 

continue to meet and maintain the 

requirements of the elements. Site-based 

applicants whose primary activity is 

construction will continue to meet and 

maintain the construction requirements 

of the elements. 

d. All employees, including newly 

hired employees and contractor/ 

subcontractor employees when they 

reach the site, will have the VPP 

explained to them, including employee 

rights under the program and under the 

OSH Act or 29 CFR part 1960. 

e. All employees engaged in safety 

and health activities, including those 

specifically given safety and health 

duties as part of applicant’s safety and 

health management system, will be 

protected from discriminatory actions 

resulting from their activities/duties, 

just as Section 11(c) of the OSH Act and 

29 CFR 1960.46(a) protect employees 

who exercise their rights. 

f. Employees will have access to the 

results of self-inspections, accident 

investigations, and other safety and 

health management system data upon 

request. At unionized sites, this 

requirement may be met through 

employee representative access to these 

results. 

g. To enable OSHA to determine 

initial and continued VPP approval, 

applicant will maintain and make 

available for OSHA review the 

information listed below: 

(1) Written safety and health 

management system; 

(2) All documentation listed at 

VI.B.6.d. below; and 

(3) Any agreements between 

management and the authorized 

collective bargaining agent(s) 

concerning safety and health. 

h. Applicant will make available to 

OSHA any data necessary to evaluate 

the achievement of individual Merit or 

One-Year Conditional goals not listed 

above. 

i. Each year by February 15, each sitebased participant will send to its 

designated OSHA VPP contact (see 

VIII.A. below): 

(1) The site’s total recordable case 

incidence rate (TCIR) for injuries and 

illnesses of all employees including 

temporary employees for the previous 

calendar year and 

(2) The site’s incidence rate for cases 

involving days away from work, 

restricted work activity, and job transfer 

(DART rate) of all employees including 

temporary employees for the previous 

calendar year. 

(3) Contractor data, the requirements 

for which differ for construction and 

non-construction participants. 

(a) Fixed worksite participants whose 

primary activity is construction will 

include in the above rates and data 

required in VI.B.3.i.(4) below the 

experience of all employees including 

temporary employees and contractor/ 

subcontractor employees. 

(b) Fixed worksite participants whose 

primary activity is not construction will 

send to the designated OSHA VPP 

contact site data on each applicable 

contractor’s employees. Applicable 

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contractors are those employers who 

have contracted with the site to perform 

certain jobs and whose employees 

worked a total of 1,000 or more hours 

in at least 1 calendar quarter at the 

worksite. 

The data will consist of the site’s 

TCIR and DART rate for each applicable 

contractor’s employees; total number of 

cases from which these two rates were 

derived; hours worked; and estimated 

average employment for the past full 

calendar year. 

(4) Each site will also submit: 

(a) The total number of cases for each 

of the above two rates; 

(b) Hours worked; 

(c) Estimated average employment for 

the past full calendar year; 

(d) A copy of the most recent annual 

self-evaluation of the site’s safety and 

health management system; and 

(e) A description of any worksite 

success stories, for example, reductions 

in workers’ compensation rates, 

increases in employee involvement in 

the program, etc. 

j. Whenever significant organizational 

or ownership changes occur, the site 

will provide OSHA within 60 days a 

new Statement of Commitment signed 

by management and, when applicable, 

authorized collective bargaining agents. 

k. Whenever a change occurs in union 

representation/status, the participant 

must notify the OSHA Regional 

Administrator in writing within 60 

days. The Regional Administrator will 

determine what steps, if any, must be 

taken to reaffirm VPP support. 

4. Injury and Illness Performance 

In determining a site’s qualification 

for the Star or Merit Program, OSHA 

considers the most recent 3-year 

recordable injury and illness experience 

and compares that experience with 

industry averages published by the 

Bureau of Labor Statistics (BLS). Some 

sites may use an alternative calculation 

of injury and illness experience based 

on the best 3 out of the most recent 4 

years (see c. below). The following 

provisions govern the injury and illness 

performance requirements for site-based 

Star and Merit approval. 

a. Star Rate Requirements 

(1) General industry, maritime, and 

Federal agency (however, see Note 

below) site-based applicants at the time 

of approval must meet the following 

employee performance criteria. 

Employees include all regular site 

employees, including temporary and 

contractor employees who are regularly 

intermingled with the owner’s 

employees and under direct supervision 

by management. 

Note: Any Federal agency or other sitebased applicant whose work is primarily 

construction in nature must meet the 

performance criteria for site-based 

construction applicants. See VI.B.4.a.(2) 

below. 

Two rates reflecting the experience of 

the most recent 3 calendar years must be 

below at least 1 of the 3 most recent 

years of specific industry national 

averages for nonfatal injuries and 

illnesses at the most precise level 

published by BLS. OSHA will compare 

the two site rates against the single year 

that is most advantageous to the site out 

of the last 3 published years. These rates 

are: 

(a) The 3-year total recordable case 

incidence rate (TCIR), a single rate that 

reflects 3 years of total recordable 

injuries and illnesses, and 

(b) The 3-year incidence rate for cases 

involving days away from work, 

restricted work activity, and job transfer 

(DART rate). 

(2) The construction site-based 

applicant, including certain Federal 

agencies and other applicants (see Note 

at VI.B.4.a.(1) above), at the time of 

approval must meet the following 

criteria: 

(a) The site for which VPP application 

is being made must have been in 

operation for at least 12 months. 

(b) OSHA will consider the 

applicant’s TCIR and DART rate dating 

from time of application back to site 

inception but in no instance greater than 

3 years (or 4 years if using the 

alternative method of calculating rates, 

VI.B.4.c.). These two rates must include 

all workers of all contractors/ 

subcontractors and must be below the 

national average for the type of 

construction at the site according to the 

most appropriate and representative 

NAICS code. The site’s NAICS code is 

determined by the type of construction 

project, not individual trades. 

b. Merit Rate Requirements 

(1) For general industry, maritime, 

and Federal agencies, if the applicant’s 

3-year TCIR and/or the applicant’s 3- 

year DART rate for the last 3 calendar 

years prior to approval does not meet 

the Star rate requirements (VI.B.4.a.), 

the applicant must have a plan to 

achieve Star rate requirements within 2 

years. It must be statistically possible to 

achieve this goal. 

(2) For the construction industry and 

other applicants whose primary work 

activity at the site is construction, if the 

incidence rates for the applicant site are 

not below the industry averages as 

required for Star, the applicant company 

must demonstrate that the companywide 3-year rates are below at least 1 of 

the 3 most recently published years of 

BLS rates for the industry, at the most 

precise published level. OSHA will 

compare the two company-wide rates 

against the single year that is most 

advantageous to the applicant out of the 

last 3 published years. 

c. Alternative Rate Calculation 

Some applicants, usually smaller 

worksites with limited numbers of 

employees and/or hours worked, may 

use an alternative method for 

calculating incidence rates. The 

alternative method allows the applicant 

to use the best 3 out of the most recent 

4 years’ injury/illness experience. 

(1) To determine whether the 

applicant qualifies for the alternative 

calculation method, do the following: 

(a) Using the most recent employment 

statistics (hours worked in the most 

recent calendar year), calculate a 

hypothetical total recordable case 

incidence rate (TCIR) for the employer 

assuming that the employer had two 

cases during the year; 

(b) Compare that hypothetical rate to 

the 3 most recently published years of 

BLS combined injury/illness total 

recordable case incidence rates for the 

industry; and 

(c) If the hypothetical rate (based on 

two cases) is equal to or higher than the 

national average for the firm’s industry 

in at least 1 of the 3 years, the employer 

qualifies for the alternative calculation 

method. 

(2) If the applicant qualifies for the 

alternative calculation method, the best 

3 of the last 4 calendar years may be 

used to calculate both 3-year rates 

(specified in VI.B.4.a. and b. above). 

5. Additional Safety and Health 

Management System Requirements 

For site-based construction 

applicants/participants and others 

whose primary work activity is 

construction, the following applies in 

addition to the safety and health 

management system annual selfevaluation requirements found at 

IV.A.8. above: 

The self-evaluation must be 

conducted annually and immediately 

prior to completion of construction. The 

final evaluation is to determine what 

has been learned about safety and health 

activities that can be used to improve 

the participant’s safety and health 

management system at other sites. If a 

participant does not provide this final 

evaluation, OSHA will not consider 

subsequent VPP applications from the 

participant. 

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6. Preapproval Onsite Review of SiteBased Applicants 

a. Purpose. The preapproval review, 

which OSHA conducts in a nonenforcement capacity, is a review of the 

site’s safety and health management 

system. It is conducted to: 

(1) Verify the information supplied in 

the application concerning qualification 

for VPP; 

(2) Identify the strengths and 

weaknesses of the applicant’s safety and 

health management system, and 

evaluate its adequacy to address the 

site’s hazards; 

(3) Determine whether the applicant’s 

safety and health management system 

meets the requirements for Star or Merit 

approval; 

(4) Determine how effectively the 

applicant has implemented its safety 

and health management system; 

(5) Identify any deficiencies in the 

applicant’s safety and health 

management system that must be 

satisfactorily addressed before OSHA 

will approve the applicant; 

(6) Determine whether the applicant 

is in compliance with OSHA 

regulations; and 

(7) Obtain information to assist the 

Assistant Secretary in making the VPP 

approval decision. 

b. Preparation. The review will be 

arranged at the mutual convenience of 

OSHA and the applicant. The review 

team will consist of a team leader; a 

back-up team leader (when needed); and 

health, safety, and other specialists as 

required by the size of the site and the 

complexity of its operations. 

c. Duration. The time required for the 

preapproval onsite review will depend 

upon the size of the site and the 

complexity of its operations. 

Preapproval reviews usually average 4 

days onsite, but may be shorter or longer 

based on the decision of the Regional 

Administrator or Regional VPP 

Manager. 

d. Scope. All preapproval onsite 

reviews follow a three-pronged strategy 

that assesses a site’s safety and health 

management system by means of 

document review, site walkthrough, and 

employee and management interviews. 

The onsite review will include a 

review of injury, illness, and fatality 

records; recalculation and verification of 

the TCIR and the DART rate (the two 

rates submitted with the application); a 

general assessment of safety and health 

conditions to determine if the safety and 

health management system adequately 

protects workers from the hazards at the 

site; verification of compliance with 

OSHA and VPP requirements; and 

verification that the safety and health 

management system described in the 

application has been implemented 

effectively. 

The review will include random 

formal and informal interviews with 

relevant individuals such as members of 

any safety and health committees, 

management personnel, randomly 

selected non-supervisory employees, 

union representatives, and contract 

workers. 

Onsite document review will entail 

examination of the following records (or 

samples) if they exist and are relevant 

to the application or to the safety and 

health management system. (OSHA will 

accommodate trade secret concerns to 

the extent feasible.) 

(1) Written safety and health 

management system; 

(2) Management statement of 

commitment to safety and health and 

union statement of support if 

applicable; 

(3) The OSHA Form 300 log (or a 

successor OSHA form) for the site and 

for all site contractor employees who are 

required to report; 

(4) Safety and health manuals; 

(5) Safety rules, emergency 

procedures, and examples of safe work 

procedures; 

(6) The system for enforcing safety 

rules; 

(7) Reports from employees of safety 

and health problems and documentation 

of management’s response; 

(8) Self-inspection procedures, 

reports, and correction tracking; 

(9) Accident investigation reports and 

analyses; 

(10) Safety and health committee 

minutes; 

(11) Employee orientation and safety 

training programs and attendance 

records; 

(12) Baseline safety and industrial 

hygiene exposure assessments and 

updates; 

(13) Industrial hygiene monitoring 

records, results, exposure calculations, 

analyses, and summary reports; 

(14) Annual safety and health 

management system self-evaluations, 

site audits, and, when needed to 

demonstrate that VPP criteria are being 

met, corporate audits that a site 

voluntarily chooses to provide in 

support of its application. The review of 

evaluative documents needed to 

establish that the site is meeting VPP 

requirements will cover at least the last 

3 years and will include records of 

follow-up activities stemming from selfevaluation recommendations; 

(15) Preventive maintenance program 

and records; 

(16) Accountability and responsibility 

documentation, for example, 

performance standards and appraisals; 

(17) Contractor safety and health 

programs, including applicable 

contractor injury and illness data that 

non-construction site-based participants 

must maintain (see VI.B.3.i.(3)); 

(18) Occupational health care 

programs and records; 

(19) Available resources devoted to 

safety and health; 

(20) Hazard and process analyses; 

(21) Process Safety Management 

(PSM) documentation, if applicable; 

(22) Employee involvement activities; 

and 

(23) Other records that provide 

relevant documentation of VPP 

qualifications. 

7. Term of Participation 

a. Star Program. A site-based 

participant’s term of participation in the 

Star Program is open-ended so long as 

the participant: 

(1) Continues to maintain its excellent 

safety and health management system as 

evidenced by favorable reevaluation by 

OSHA every 30 to 60 months; and 

(2) Submits the annual information 

required, including annual rates data 

and program self-evaluation (see 

VI.B.3.i.). 

b. Merit Program. Site-based 

participants in the Merit Program are 

approved for a period of time agreed 

upon in advance of approval but not to 

exceed 3 years. The term will depend 

upon how long it is expected to take the 

applicant to accomplish the goals for 

Star participation. Merit participation 

terminates at the end of the term unless 

approval for a second term is 

recommended and is approved by the 

Assistant Secretary. Approval for a 

second term will be recommended only 

when unanticipated unique 

circumstances slow the participant’s 

progress toward accomplishing the 

goals. 

Note: For site-based construction 

participants in both the Star and Merit 

Programs, participation ends with the 

completion of construction work at the site. 

c. Demonstration Programs. See 

III.C.3.e. 

8. Periodic Reevaluation of Site-Based 

Participants—Star Program 

a. Purpose. OSHA periodically 

conducts onsite reevaluations of Star 

participants to: 

(1) Determine continued qualification 

for the Star Program; 

(2) Document results of program 

participation in terms of the evaluation 

criteria and other noteworthy aspects of 

the site’s safety and health management 

system; and 

(3) Identify any problems that have 

the potential to adversely affect 

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continued qualification and determine 

appropriate follow-up actions. 

b. Frequency. OSHA will conduct the 

first reevaluation within 30 to 42 

months of the initial Star approval or, in 

the case of a Demonstration Program site 

that has been approved to Star, within 

30 to 42 months of the last 

Demonstration evaluation. 

Subsequently, all site-based Star 

participants will be reevaluated at no 

greater than 60-month intervals. The 

identification of potentially serious 

safety and health risks may create the 

need for more frequent evaluation. 

c. Scope. OSHA’s reevaluation of sitebased Star Program participants will 

consist mainly of an onsite visit similar 

in scope to the preapproval review 

described in VI.B.6.d. OSHA will review 

the documentation of system 

implementation since preapproval 

review or since the previous evaluation. 

(1) The evaluation will include a 

review of employee incidence rates and 

supporting data specified at VI.B.4. 

(2) For non-construction site-based 

participants, the review of applicable 

contractor data (see VI.B.3.i.(3)) will be 

part of OSHA’s evaluation of the 

effectiveness of the site’s contractor 

oversight and management system. For 

construction site-based participants, the 

performance of all contractors will be 

part of OSHA’s evaluation (see VI.B.4.). 

d. Measures of Effectiveness. OSHA 

will use the following factors in the 

reevaluation of site-based Star Program 

participants: 

(1) Continued compliance with the 

program requirements and continuous 

improvement in the safety and health 

management system; 

(2) Satisfaction and continuing 

demonstrated commitment of 

employees and management; 

(3) Nature and validity of any 

complaints received by OSHA; 

(4) Nature and resolution of problems 

that may have come to OSHA’s attention 

since approval or the last evaluation; 

and 

(5) The effectiveness of employee 

involvement provisions within the 

safety and health management system. 

9. Periodic Reevaluation of Site-Based 

Participants—Merit Program 

a. Purpose. OSHA periodically 

conducts onsite reevaluations of Merit 

participants to: 

(1) Determine continued qualification 

for the Merit Program, or determine 

whether the participant may be 

approved to the Star Program; 

(2) Determine whether adequate 

progress has been made toward the 

agreed-upon Merit goals; 

(3) Identify any problems in the safety 

and health management system or its 

implementation that need resolution in 

order to continue qualification or meet 

agreed-upon goals; 

(4) Document system improvements 

and/or improved results; and 

(5) Provide advice and suggestions for 

needed improvements. 

b. Frequency. OSHA will conduct the 

first reevaluation of a site-based Merit 

participant within 24 months (18 

months is recommended) of approval. 

The site may request an earlier 

reevaluation if it believes it has met Star 

Program qualifications. 

c. Scope. OSHA’s reevaluation of sitebased Merit participants will consist 

mainly of an onsite visit similar in 

scope to the preapproval review 

described at VI.B.6.c–d. OSHA will 

review documentation of system 

implementation since the preapproval 

review or the previous evaluation. The 

reevaluation will include a review of 

TCIR and DART rates for both the site 

and its applicable contractor employees 

as described at VI.B.4. 

d. Measures of Effectiveness. OSHA 

will use the following factors in the 

reevaluation of site-based Merit Program 

participants: 

(1) Continued adequacy of the safety 

and health management system to 

address the hazards of the workplace; 

(2) Comparison of employer and 

contractor rates to the industry averages; 

(3) Satisfaction and continuing 

demonstrated commitment of 

employees and management; 

(4) Nature and validity of any 

complaints received by OSHA; 

(5) Nature and resolution of problems 

that may have come to OSHA’s attention 

since approval or the last evaluation; 

(6) The effectiveness of employee 

involvement provisions within the 

safety and health management system; 

and 

(7) Progress made toward goals 

specified in the preapproval or previous 

evaluation report. 

10. Periodic Reevaluation of Site-Based 

Participants—Demonstration Program 

See III.C.3.f. 

C. Mobile Workforce Participation 

1. Purpose and Distinguishing Features 

a. Mobile workforce participation is 

intended for: 

(1) Applicants/participants whose 

employees move physically from one 

work project to another; and 

(2) Applicants/participants whose 

employees work as resident contractors 

at two or more fixed locations. 

b. Participation Plan. Each applicant 

will develop a unique Participation Plan 

that includes a discussion of safety and 

health management system elements 

that differ in substance or emphasis 

from the basic system requirements 

provided at IV above. This may include, 

for example, management leadership 

and employee involvement strategies 

that ensure employee protection, such 

as employees’ ability to leave the 

worksite if unsafe conditions exist; 

hazard analysis that uses historical 

sampling data for a baseline; emergency 

response policies and evacuation 

procedures appropriate to construction 

and other mobile workforce projects; 

and other alternative approaches to 

safety and health. 

c. Designated Geographic Area (DGA). 

OSHA, after consulting with an 

applicant and considering the 

applicant’s preference, will define a 

geographic area for VPP participation. 

The DGA will enable the applicant to 

achieve VPP participation and receive 

OSHA recognition for all its temporary 

work projects and resident contractor 

work projects in the designated area. 

This contrasts with site-based 

participation described at VI.B. above. 

(1) A DGA cannot be smaller than an 

OSHA Area Office boundary and cannot 

exceed an OSHA Regional Office 

boundary. 

(2) OSHA will provide procedures for 

mobile workforce applicants seeking to 

participate in, and approved 

participants seeking to expand into, 

more than one Region. 

(3) The DGA will become part of the 

applicant’s Participation Plan. 

2. Eligibility 

a. General. OSHA welcomes mobile 

workforce VPP participation and 

accepts VPP applications from: 

(1) Private sector employers at various 

organizational levels in the construction 

industry, general industry, and the 

maritime industry; and 

(2) Federal agency employers at 

various organizational levels. 

b. Designated Geographic Area (DGA). 

The DGA will define the physical 

boundaries of the applicant’s VPP 

participation. See VI.C.1.c. above. 

(1) At time of application, the 

applicant must have at least one active 

work project within the DGA. 

(2) If the applicant has only one active 

work project within the DGA at time of 

application, applicant must have at least 

one additional work project scheduled 

to begin during the coming 12 months. 

c. Unionized Workforce 

(1) When, at the time of application, 

a majority of an applicant’s employees 

and contractor/subcontractor employees 

are represented by unions, the applicant 

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must provide to OSHA signed 

documentation that the unions either 

support VPP participation or are not 

opposed to participation. 

(2) OSHA expects each applicant to 

determine whether the requirement for 

union support applies. Calculate the 

percentage of employees (including 

temporary employees) and contractor/ 

subcontractor employees who are 

represented by unions at the time of 

VPP application. Then use the chart 

below. 

If . . . Then . . . 

Majority of employees are represented by unions .............................................................................. Signed statement(s) required. Must be obtained from enough unions to represent a 

majority of all employees. 

Some employees but less than a majority of all employees are represented by unions ................... No statement of union support required. 

No employees are represented by unions .......................................................................................... Requirement not applicable. 

(3) An applicant required to obtain 

union support must obtain support from 

the authorized bargaining agents at its 

sites within the DGA; individual local 

unions that represent the applicant’s 

employees; or, when appropriate, 

blanket support from a local, regional, 

or national industry council. Without 

such concurrence, OSHA will not 

accept the application. 

(4) Where documented union support 

for VPP participation is not required, 

OSHA still will evaluate, through onsite 

interviews, employees’ support for 

participation. A lack of employee 

support, for any reason, will impact 

OSHA’s decision on the applicant’s 

qualification. See Guiding Principles, 

Employee Support for Participation, 

III.D.3. 

d. OSHA History 

In addition to the general requirement 

concerning an applicant’s inspection 

history (see III.D.5.), the following 

applies to mobile workforce 

participation: 

The applicant’s history within the 

DGA must include no open 

investigations and no pending or open 

contested citations or notices under 

appeal at the time of application, and no 

affirmed willful violations during those 

prior 36 months. 

3. Assurances 

Mobile workforce applications must 

include certain assurances describing 

what the applicant agrees to do if OSHA 

approves the application. The applicant 

must assure that: 

a. Applicant will comply with the 

OSH Act and, in the case of Federal 

agencies, 29 CFR part 1960, and will 

correct in a timely manner all hazards 

discovered through self-inspections, 

employee notification, accident 

investigations, an OSHA onsite review 

or enforcement inspection, process 

hazard reviews, annual evaluations, or 

any other means. The applicant will 

provide effective interim protection as 

necessary. 

b. Applicant will correct any site 

deficiencies related to compliance with 

OSHA requirements and identified 

during the OSHA preapproval onsite 

review. The correction deadline: 

(1) Will depend on the length of the 

work project and the nature of the 

deficiency; 

(2) Will be determined by the OSHA 

VPP team leader; and 

(3) In no instance will exceed 30 days. 

c. The systems and procedures of the 

safety and health management system 

are in place and effectively 

implemented at all work projects, and 

management provides effective 

oversight, to assure VPP-quality safety 

and health protection throughout the 

DGA. 

d. Applicant, following approval, will 

continue to meet and maintain the 

requirements of the elements. 

e. All employees, including newly 

hired employees and contractor/ 

subcontractor employees, will have the 

VPP explained to them before they 

perform any work. This explanation will 

include employee rights under the 

program and under the OSH Act or 29 

CFR part 1960. 

f. All employees engaged in safety and 

health activities, including those 

specifically given safety and health 

duties as part of applicant’s safety and 

health management system, will be 

protected from discriminatory actions 

resulting from their activities/duties, 

just as Section 11(c) of the OSH Act and 

29 CFR 1960.46(a) protect employees 

who exercise their rights. 

g. Employees will have access to the 

results of self-inspections, accident 

investigations, and other safety and 

health management system data upon 

request. For a unionized workforce, this 

requirement may be met through 

employee representative access to these 

results. 

h. To enable OSHA to determine 

initial and continued VPP approval, 

applicant will maintain and make 

available for OSHA review the 

information listed below: 

(1) Written safety and health 

management system; 

(2) All documentation listed at 

VI.C.6.e–f. below; and 

(3) Any agreements between 

management and the authorized 

collective bargaining agent(s) 

concerning safety and health. 

i. Applicant will make available to 

OSHA any data necessary to evaluate 

the achievement of individual Merit or 

One-Year Conditional goals and not 

listed above. 

j. Each year by February 15, each 

mobile workforce participant will send 

to its designated OSHA VPP contact (see 

VIII.A. below): 

(1) The DGA’s total recordable case 

incidence rate (TCIR) for injuries and 

illnesses for the previous calendar year; 

and 

(2) The DGA’s incidence rate for cases 

involving days away from work, 

restricted work activity, and job transfer 

(DART rate) for the previous calendar 

year. 

(3) The participant will also submit: 

(a) The total number of cases for each 

of the above two rates; 

(b) Total hours worked; 

(c) Estimated average employment for 

the past full calendar year; 

(d) A copy of the most recent annual 

self-evaluation of the participant’s safety 

and health management system; and 

(e) A description of any success 

stories, for example, reductions in 

workers’ compensation rates, increases 

in employee involvement in the 

program, etc. 

k. Whenever significant 

organizational or ownership changes 

occur, the mobile workforce participant 

will provide OSHA within 60 days a 

new Statement of Commitment signed 

by management and, when applicable, 

any authorized collective bargaining 

agents. 

l. The percentage of employees 

represented by unions may change. 

Therefore, an approved mobile 

workforce participant will report to 

OSHA, as part of its annual evaluation, 

any change in this percentage that 

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would have the effect of changing the 

participant’s union support 

requirement. 

m. When OSHA needs to visit a 

particular work project that the mobile 

workforce applicant/participant does 

not control, the applicant/participant 

will inform and should gain written 

permission from the controlling 

employer (for example, the general 

contractor) for OSHA to enter. 

(1) In these instances, OSHA will 

provide reasonable notice prior to its 

visit. 

(2) Should the controlling employer 

refuse permission for OSHA to enter, 

OSHA may consider visiting a different 

work project. 

n. Project Lists 

(1) Prior to OSHA’s VPP preapproval 

onsite evaluation visit and subsequent 

reevaluation visits, the applicant/ 

participant will provide OSHA with a 

list including addresses of all active 

work projects; 

(2) If the applicant/participant is a 

controlling employer at any work 

projects within the DGA, it will provide 

OSHA with a list including addresses of 

all such active work projects and all 

such work projects scheduled or 

expected for the next 12 months; 

(a) Applicant/participant will submit 

this list annually as part of the selfevaluation due by Feb. 15; 

(b) For the purpose of VPP, a 

controlling employer is any entity at a 

work location (such as a general 

contractor or manager at a construction 

project) that controls project/site 

operations and has ultimate 

responsibility for assuring safe and 

healthful work conditions at the project/ 

site. 

4. Injury and Illness Performance 

In determining a mobile workforce 

applicant’s qualification for the Star or 

Merit Program, OSHA considers the 

most recent 3-year recordable injury and 

illness experience for all work 

conducted within the DGA (including 

work conducted by contractors/ 

subcontractors) and compares that 

experience with industry averages 

published by the Bureau of Labor 

Statistics. Some applicants may use an 

alternative calculation of injury and 

illness experience based on the best 3 

out of the most recent 4 years (c. below). 

The following provisions govern the 

injury and illness performance 

requirements for mobile workforce Star 

and Merit approval. They also address 

a temporary policy that allows 

applicants who do not maintain 

sufficient contractor/subcontractor data 

to phase in their reporting of this 

required data. 

a. Star Rate Requirements 

The mobile workforce applicant at the 

time of approval must meet the 

following employee performance 

criteria for the company’s workforce 

within the DGA. 

(1) The workforce consists of all 

employees over whom the applicant has 

responsibility and authority for safety 

and health, including regular hires plus 

temporary, contractor, and 

subcontractor employees. The term 

‘‘combined workforce rates’’ as used 

here means injury and illness rates 

calculated from data that combine an 

applicant’s regular workforce (which 

includes temporary employees) and its 

contractor/subcontractor employees. 

(a) It is the applicant’s responsibility 

to maintain records of hours worked by 

contractor/subcontractor employees 

under its control within the DGA plus 

any recordable injuries and illnesses 

these employees may experience. 

(b) However, see VI.C.4.d. below for a 

phase-in of this combined workforce 

rate requirement. 

(2) Two combined workforce rates 

reflecting the experience of the most 

recent 3 calendar years must be below 

at least 1 of the 3 most recent years of 

specific industry national averages for 

nonfatal injuries and illnesses at the 

most precise level published by the 

Bureau of Labor Statistics (BLS). OSHA 

will compare the two DGA-wide rates 

against the single year that is most 

advantageous to the applicant out of the 

last 3 published years. These rates are: 

(a) The 3-year total recordable case 

incidence rate (a single rate that reflects 

3 years of total recordable injuries and 

illnesses), and 

(b) The 3-year incidence rate for cases 

involving days away from work, 

restricted work activity, and job transfer 

(DART rate). 

b. Merit Rate Requirements 

If an applicant’s 3-year TCIR and/or 

the applicant’s 3-year DART rate for the 

last 3 calendar years prior to approval 

does not meet the Star rate requirements 

(immediately above), the applicant must 

have a plan to achieve Star rate 

requirements within 2 years. It must be 

statistically possible to achieve this 

goal. 

c. Alternative Rate Calculation 

Some applicants, usually smaller 

employers with limited numbers of 

employees/contractors/subcontractors 

and/or hours worked, may use an 

alternative method for calculating 

incidence rates. The alternative method 

allows the applicant to use the best 3 

out of the most recent 4 years’ injury/ 

illness experience. 

(1) To determine whether the 

applicant qualifies for the alternative 

calculation method, do the following: 

(a) Using the most recent employment 

statistics (hours worked in the most 

recent calendar year), calculate a 

hypothetical total recordable case 

incidence rate for the employer 

assuming that the employer had two 

cases during the year; 

(b) Compare that hypothetical rate to 

the 3 most recently published years of 

BLS combined injury/illness total 

recordable case incidence rates for the 

industry; and 

(c) If the hypothetical rate (based on 

two cases) is equal to or higher than the 

BLS national average for the employer’s 

industry in at least 1 of the 3 years, the 

employer qualifies for the alternative 

calculation method. 

(2) If the applicant qualifies for the 

alternative calculation method, the best 

3 of the last 4 calendar years may be 

used to calculate both 3-year rates 

(specified in VI.C.4.a above). 

d. Phase-in of combined workforce 

rate requirement. OSHA expects to 

receive a 3-year combined workforce 

rate from each mobile workforce 

applicant. However, for a limited time 

period, a phase-in combined rate 

requirement is available for applicants 

who do not maintain sufficient 

contractor/subcontractor data. 

Note: Mobile workforce participants who 

came into VPP as part of the Mobile 

Workforce Demonstration for Construction, 

and who have not completed that program’s 

available phase-in, may continue their phasein schedule. 

To apply using the phase-in policy: 

(1) For the year 2009, as part of an 

applicant’s mobile workforce 

application, OSHA expects to receive: 

(a) Combined workforce TCIR and 

DART rates for calendar year 2008, plus 

(b) Company-only rates (that include 

temporary employees) for calendar years 

2007 and 2006. 

These 3 years of rates should reflect 

an applicant’s nonfatal injury and 

illness experience within the DGA only. 

(2) For calendar year 2010, new 

applicants and participants who applied 

using the phase-in rate requirement 

must provide to OSHA: 

(a) Combined workforce TCIR and 

DART rates that reflect the experience of 

the company’s regular workforce 

(including temporary employees) and 

contractors/subcontractors for calendar 

years 2008 and 2009, plus 

(b) Company-only TCIR and DART 

rates (which include temporary 

employees) for calendar year 2007. 

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(3) Beginning January 1, 2011, all 

applicants and participants must 

provide to OSHA combined workforce 

TCIR and DART rates for the 3 most 

recent calendar years in the DGA. The 

data for each of these 3 calendar years 

must reflect the experience of the 

company’s regular workforce (which 

includes temporary employees) 

combined with its contractors/ 

subcontractors at projects DGA-wide. 

5. Additional Safety and Health 

Management System Requirements 

a. The mobile workforce applicant’s 

safety and health management system 

must be fully established at the Star 

level and, therefore, must incorporate 

all elements of the VPP safety and 

health management system, as 

delineated at IV. above. Approval to 

either the Merit or Star Program will be 

determined by the degree and 

effectiveness of implementation at 

individual sites/projects. 

b. Because the mobile workforce 

participant often relies on contractor/ 

subcontractor employees, contract 

worker coverage (addressed at IV.A.7 

above) is particularly critical for 

effective worker protection. Therefore, a 

mobile workforce participant’s safety 

and health management system must 

provide thorough, documented 

oversight and management of all 

contractors/subcontractors under its 

control. 

This oversight and management must 

include specific procedures for 

considering safety and health 

performance during the contractor 

selection process. If circumstances 

prevent the selection of contractors with 

a history of good safety and health 

performance, the participant’s 

management system must provide 

sufficiently rigorous oversight to ensure 

the safety and health of all employees. 

c. All mobile workforce applicants/ 

participants must perform routine selfinspections of all their active worksites 

within the DGA. These self-inspections 

must follow written procedures or 

guidance, involve trained employees, 

and result in written reports of findings 

and tracking of hazard elimination or 

control to completion. Each worksite 

must be covered in its entirety at least 

weekly. 

6. Preapproval Onsite Review of Mobile 

Workforce Applicants 

OSHA conducts a two-phased onsite 

review of mobile workforce applicants. 

The first phase consists of an evaluation 

of the applicant’s safety and health 

management system. This is followed by 

a second phase, during which OSHA 

conducts onsite evaluations of selected 

temporary, currently active worksites/ 

projects within the DGA. 

a. Purpose. This two-phased 

preapproval review, which OSHA 

conducts in a non-enforcement capacity, 

is intended to: 

(1) Verify the information supplied in 

the application concerning qualification 

for VPP; 

(2) Identify the strengths and 

weaknesses of the applicant’s safety and 

health management system, and 

evaluate its adequacy to address the 

hazards of the applicant’s worksites/ 

projects; 

(3) Determine whether the applicant’s 

safety and health management system 

meets the requirements for Star 

approval; 

(4) Determine how effectively the 

applicant has implemented its safety 

and health management system at its 

sites/projects, and how effectively it 

provides continuing oversight; 

(5) Identify any deficiencies in the 

applicant’s safety and health 

management system that must be 

satisfactorily addressed before OSHA 

will approve the applicant; 

(6) Determine whether the applicant 

is in compliance with OSHA 

regulations; and 

(7) Obtain information to assist the 

Assistant Secretary in making the VPP 

approval decision. 

b. Preparation. The review will be 

arranged at the mutual convenience of 

OSHA and the applicant. The review 

team will consist of a team leader; a 

back-up team leader (when needed); and 

health, safety, and other specialists as 

required by the complexity of 

applicant’s operations and the size and 

complexity of the worksites/projects 

OSHA visits. 

c. Duration. The time required for the 

preapproval onsite review will depend 

upon the complexity of applicant’s 

operations and the number, size and 

complexity of the worksites/projects 

OSHA visits. 

d. Scope. The preapproval onsite 

review for mobile workforce applicants 

will consist of two phases: An 

evaluation of the applicant’s safety and 

health management system, and onsite 

evaluations of temporary, currently 

active worksites/projects. 

e. Phase 1: Safety and Health 

Management System Review. OSHA 

initially will conduct an evaluation of 

the applicant’s safety and health 

management system to determine 

whether the system meets Star 

requirements. It will include systems for 

ensuring implementation and oversight 

of safety and health protection at all 

worksites/projects within the DGA. This 

evaluation normally will take place at 

the fixed location where the applicant 

maintains safety and health records 

(typically the applicant’s headquarters). 

(1) Management Commitment. OSHA 

will carefully assess the applicant’s 

management commitment to safety and 

health and to VPP. This assessment will 

include interviews with senior officials, 

employees, and union representatives 

where applicable. 

(2) Document Review. OSHA will 

examine the following records (or 

samples) if they exist and are relevant 

to the application or to the safety and 

health management system. (OSHA will 

accommodate trade secret concerns to 

the extent feasible.) 

(a) Written safety and health 

management system; 

(b) Management statement of 

commitment to safety and health; 

(c) The OSHA Form 300 log (or a 

successor OSHA form) for all sites/ 

projects within the DGA; 

(d) Safety and health manuals; 

(e) Safety rules, emergency 

procedures, and examples of safe work 

procedures; 

(f) The system for enforcing safety 

rules; 

(g) Reports from employees of safety 

and health problems and documentation 

of management’s response; 

(h) Self-inspection procedures, 

reports, and correction tracking; 

(i) Accident investigation reports and 

analyses; 

(j) Safety and health committee 

minutes; 

(k) Employee orientation and safety 

training programs and attendance 

records; 

(l) Baseline safety and industrial 

hygiene exposure assessments and 

updates; 

(m) Industrial hygiene monitoring 

records, results, exposure calculations, 

analyses and summary reports; 

(n) Annual safety and health 

management system self-evaluations, 

site audits, and, when needed to 

demonstrate that VPP criteria are being 

met, corporate audits that an applicant 

voluntarily chooses to provide in 

support of its application. The review of 

evaluative documents needed to 

establish that the applicant is meeting 

VPP requirements will cover at least the 

last 3 years and will include records of 

follow-up activities stemming from selfevaluation recommendations; 

(o) Preventive maintenance program 

and records; 

(p) Accountability and responsibility 

documentation, e.g., performance 

standards and appraisals; 

(q) Contractor safety and health 

programs; 

(r) Occupational health care programs 

and records; 

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(s) Available resources devoted to 

safety and health; 

(t) Hazard and process analyses; 

(u) Process Safety Management (PSM) 

documentation, if applicable; 

(v) Employee involvement activities; 

and 

(w) Other records that provide 

relevant documentation of VPP 

qualifications. 

(3) Rates Review. OSHA will review 

DGA-wide injury, illness, and fatality 

records; and recalculate and verify the 

TCIR and the DART rate (the two rates 

submitted with the application). 

f. Phase 2: Site/Project Evaluation. 

OSHA then will visit one or more 

temporary worksites/projects within the 

DGA. These worksite evaluations will 

assess how effectively the applicant has 

implemented its safety and health 

management system, including its 

system of oversight. The OSHA team 

will employ a strategy of site 

walkthrough, employee interviews, and 

site-specific document review. 

(1) Site Walkthrough. The site 

walkthrough is a general assessment of 

safety and health conditions. It aims to 

determine whether the safety and health 

management system described in the 

application has been implemented 

effectively and is adequately protecting 

workers from site hazards. The 

walkthrough also will verify compliance 

with OSHA and VPP requirements. 

(2) Interviews. The review will 

include random formal and informal 

interviews with relevant individuals, 

such as members of any safety and 

health committees, management 

personnel, randomly selected nonsupervisory employees, temporary 

employees, union representatives, and 

contract workers. 

(3) Site-Specific Document Review. 

OSHA will examine documents that 

demonstrate the site’s implementation 

of applicant’s safety and health 

management system, for example, 

specific rules regarding site hazards and 

site operations. 

(4) Whenever possible, the onsite 

evaluations that OSHA conducts will be 

unannounced. 

(5) However, when OSHA needs to 

visit a site that an applicant does not 

control, 

(a) OSHA will provide reasonable 

notice prior to its visit; 

(b) The applicant must inform and 

gain written permission from the 

controlling employer (for example, the 

general contractor) for OSHA to enter; 

and 

(c) The applicant must inform the 

controlling employer that, while OSHA 

will focus primarily on the applicant’s 

work at the site, any conditions 

(including those created by others) that 

OSHA views and deems a violation 

must be abated immediately or 

confirmed as abated according to an 

abatement plan approved by OSHA. In 

the VPP spirit of cooperation, OSHA 

will take no enforcement actions and 

issue no citations if the hazardous 

conditions are corrected immediately or 

with an OSHA-approved abatement 

plan. Only if correction does not occur 

will OSHA have the option to exercise 

normal enforcement procedures. 

(6) Number of Site/Project 

Evaluations. The number of site/project 

evaluations will depend on the 

complexity and scope of applicant’s 

operations and the number of sites/ 

projects within the DGA, and will be 

determined by the Regional 

Administrator. 

(7) Evaluation of Fixed Locations. 

Some applicants may conduct certain 

operations at fixed locations, such as a 

headquarters, warehouse, or 

construction yard, that impact the safety 

and health of the applicant’s mobile 

workforce. OSHA reserves the right to 

evaluate these fixed locations, although 

they will not be considered a worksite 

for purposes of mobile workforce 

participation. Should an applicant 

desire to bring such fixed work 

locations into VPP, OSHA will accept 

applications under VPP’s site-based 

participation requirements, as provided 

in VI.B. above. 

7. Term of Participation 

a. Star Program. A mobile workforce 

participant’s term of participation in the 

Star Program is open-ended so long as 

the participant: 

(1) Continues to maintain its excellent 

safety and health management system at 

its sites/projects within the DGA as 

evidenced by favorable reevaluation; 

and 

(2) Submits the annual information 

required, including annual rates data 

and program self-evaluation (see 

VI.C.3.j. above). 

b. Merit Program. Mobile workforce 

participants in the Merit Program are 

approved for a period of time agreed 

upon in advance of approval but not to 

exceed 3 years. The term will depend 

upon how long it is expected to take the 

applicant to accomplish the goals for 

Star participation. Merit participation 

terminates at the end of the term unless 

approval for a second term is 

recommended and is approved by the 

Assistant Secretary. Approval for a 

second term will be recommended only 

when unanticipated unique 

circumstances slow the participant’s 

progress toward accomplishing the 

goals. 

c. Demonstration Program. See 

III.C.3.e. 

8. Periodic Reevaluation of Mobile 

Workforce Participants—Star Program 

a. Purpose. Periodic evaluation of Star 

participants is intended to: 

(1) Determine continued qualification 

for the Star Program; 

(2) Document results of program 

participation throughout the DGA in 

terms of the evaluation criteria and 

other noteworthy aspects of the 

participant’s safety and health 

management system; and 

(3) Identify any problems that have 

the potential to adversely affect 

continued qualification and determine 

appropriate follow-up actions. 

b. Frequency. 

(1) OSHA will conduct the first postapproval reevaluation of a mobile 

workforce participant’s sites/projects 

within 18 to 24 months of the initial 

Star approval or, in the case of a 

Demonstration Program participant that 

has been approved to Star, within 18 to 

24 months of the last Demonstration 

evaluation. 

(2) Subsequently, OSHA will 

reevaluate sites/projects within the DGA 

at no greater than 36-month intervals. 

The identification of potentially serious 

safety and health risks may create the 

need for more frequent evaluation. 

(3) OSHA will reevaluate the 

participant’s safety and health 

management system, normally at the 

participant’s headquarters, beginning 

with the second post-approval 

reevaluation (see VI.C.8.b(2) above), and 

subsequently at the time of every second 

reevaluation period. 

c. Scope. OSHA’s reevaluation of 

mobile workforce Star Program 

participants will consist mainly of site/ 

project visits and/or safety and health 

management system reviews similar in 

scope to the preapproval review 

described in VI.C.6.e-f. above. OSHA 

will review the documentation of 

system implementation since 

preapproval review or since the 

previous evaluation. The evaluation will 

include a review of DGA-wide 

incidence rates and supporting data 

(specified in VI.C.4. above) for all 

employees including temporary workers 

and contractor/subcontractor employees 

throughout the DGA for the latest 3 

complete calendar years. 

d. Measures of Effectiveness. OSHA 

will use the following factors in the 

evaluation of mobile workforce Star 

Program participants: 

(1) Continued compliance with the 

program requirements and continuous 

improvement in the safety and health 

management system; 

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(2) Satisfaction and continuing 

demonstrated commitment of 

employees and management; 

(3) Nature and validity of any 

complaints received by OSHA; 

(4) Nature and resolution of problems 

that may have come to OSHA’s attention 

since approval or the last evaluation; 

and 

(5) The effectiveness of employee 

involvement provisions within the 

safety and health management system. 

9. Periodic Reevaluation of Mobile 

Workforce Participants—Merit Program 

a. Purpose. Periodic reevaluation of 

Merit participants is intended to: 

(1) Determine continued qualification 

for the Merit Program, or determine 

whether the participant may be 

approved for the Star Program; 

(2) Determine whether adequate 

progress has been made toward the 

agreed-upon Merit goals; 

(3) Identify any problems in the safety 

and health management system or its 

implementation that need resolution in 

order to continue qualification or meet 

agreed-upon goals; 

(4) Document system improvements 

and/or improved results; and 

(5) Provide advice and suggestions for 

needed improvements. 

b. Frequency. 

(1) OSHA will reevaluate a mobile 

workforce participant’s sites/projects 

every 12 to 18 months or, in the case of 

a Demonstration Program participant 

that has been approved to Merit, every 

12 to 18 months following the last 

Demonstration evaluation. The 

identification of potentially serious 

safety and health risks may create the 

need for more frequent evaluation. 

(2) The participant may request an 

earlier reevaluation if it believes it has 

met Star Program qualifications. 

(3) OSHA will reevaluate the 

participant’s safety and health 

management system, normally at 

corporate headquarters, before making 

any recommendation to advance the 

participant to the Star Program. 

c. Scope. OSHA’s reevaluation of 

mobile workforce Merit Program 

participants will consist mainly of site/ 

project visits and safety and health 

management system reviews similar in 

scope to the preapproval review 

described in VI.C.6.e-f. above. OSHA 

will review the documentation of 

system implementation since 

preapproval review or the previous 

evaluation. The reevaluation will 

include a review of DGA-wide 

incidence rates and supporting data 

(specified in VI.C.4. above) for all 

employees including temporary workers 

and contractor/subcontractor employees 

throughout the DGA for the latest 3 

complete calendar years. 

d. Measures of Effectiveness. OSHA 

will use the following factors in the 

reevaluation of mobile workforce Merit 

Program participants: 

(1) Continued adequacy of the safety 

and health management system to 

address the hazards at sites/projects 

throughout the DGA; 

(2) Comparison of injury/illness rates 

to the industry average; 

(3) Satisfaction and continuing 

demonstrated commitment of 

employees and management; 

(4) Nature and validity of any 

complaints received by OSHA; 

(5) Resolution of problems that have 

come to OSHA’s attention; 

(6) The effectiveness of employee 

involvement provisions within the 

safety and health management system; 

and 

(7) Progress made toward goals 

specified in the preapproval or previous 

evaluation report. 

10. Periodic Reevaluation of Mobile 

Workforce Participants—Demonstration 

Program. 

See III.C.3.f. 

D. Corporate Participation 

The corporate way to participate may 

be appropriate for large organizations 

that have committed to bringing 

multiple facilities into VPP. 

1. Purpose and Distinguishing Features 

a. Corporate participation is intended 

for applicants/participants who: 

(1) Are committed to achieving VPP 

approval for multiple specified 

individual sites and/or sites within 

Designated Geographic Areas (DGAs) 

within their organization; 

(2) Utilize a well-established, 

standardized safety and health 

management system at all sites and/or 

DGAs seeking VPP approval; and 

(3) Employ prescreening processes to 

ensure that their sites have effectively 

implemented the safety and health 

management system, addressed sitespecific hazards, satisfied the VPP 

requirements, and completed all 

sections of the application before 

submitting it to OSHA. 

b. Streamlined application and onsite 

evaluation processes. Organizations 

who achieve corporate VPP status are 

able to utilize streamlined application 

and onsite evaluation processes to bring 

into VPP individual sites or all sites 

within a DGA. These streamlined 

processes focus on implementation of 

the corporation’s standardized safety 

and health policies and systems and any 

site-specific programs. Typically, less 

time is required for application 

preparation and review and the onsite 

evaluation, because: 

(1) OSHA completes its evaluation of 

the corporation’s standardized safety 

and health management system before 

focusing on individual sites/DGAs; and 

(2) Before individual sites/DGAs 

apply under this option, they first 

undergo extensive screening processes, 

conducted by corporate personnel, to 

ensure readiness for VPP. 

Individual sites/DGAs that come into 

VPP continue to be subject to the 

policies and requirements outlined in 

VI.B (site-based) and VI.C (mobile) 

above. 

2. Eligibility 

a. General. OSHA welcomes corporate 

VPP participation and accepts VPP 

applications from: 

(1) Employers at various 

organizational levels in general 

industry, the construction industry, and 

the maritime industry; and 

(2) Federal agencies. 

All applicants must have a 

demonstrated working knowledge and 

experience of VPP, either through the 

traditional site-based program or the 

mobile workforce approach, and must 

have resources dedicated to establishing 

VPP throughout the organization. 

b. Unionized Organizations. 

Organizations whose employees are 

organized into one or more collective 

bargaining units may wish to involve 

the unions during the corporate 

approval process. Individual sites/DGAs 

applying for VPP through the 

streamlined corporate application and 

onsite evaluation processes must adhere 

to the policies set forth in sections 

VI.B.2.b and VI.C.2.c above. 

c. OSHA History. In addition to the 

general requirement concerning an 

applicant’s inspection history (see 

III.D.5.), the following applies to 

corporate participation: 

The applicant must not have any 

affirmed willful violations organizationwide during its most recent 36-month 

period. The applicant’s history may 

include open investigations and/or 

pending or open contested citations or 

notices under appeal at the time of 

application. However, OSHA will 

review the applicant’s most recent 36- 

month history for evidence of an 

overarching safety and health 

management system deficiency or 

events/actions that call into question the 

cooperative spirit and trust inherent in 

the VPP relationship (see III.D.1.). 

3. Assurances 

Corporate applications must include 

certain assurances describing what the 

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applicant agrees to do if OSHA approves 

the application. The applicant must 

assure that: 

a. Applicant will comply with the 

OSH Act and, in the case of Federal 

agencies, 29 CFR part 1960, and will 

correct in a timely manner all hazards 

discovered through self-inspections, 

employee notification, accident 

investigations, an OSHA onsite review, 

process hazard reviews, annual 

evaluations, or any other means. The 

applicant will provide effective interim 

protection as necessary. 

b. Applicant will correct any 

deficiencies related to compliance with 

OSHA requirements and identified 

during the OSHA preapproval onsite 

reviews. The correction deadline: 

(1) Will depend on the nature of the 

deficiency; 

(2) Will be determined by the OSHA 

VPP team leader; and 

(3) In no instance will exceed 90 days. 

c. A system for overseeing and 

monitoring safety and health 

management system implementation is 

maintained for all worksites/projects. 

d. A system is maintained for prescreening site/DGA readiness for VPP, 

so that at least 80 percent of an 

organization’s site/DGA applicants are 

sufficiently qualified to achieve Star 

approval. 

e. Applicant, following approval, will 

continue to meet and maintain the 

requirements of the VPP safety and 

health management system elements. 

f. Applicant will bring no fewer than 

10 sites and/or DGAs into VPP within 

5 years of corporate approval, and then 

will continue to bring sites/DGAs into 

VPP. 

g. Applicant has established and will 

maintain a documented, corporate-wide 

goal for VPP participation. Applicant 

will communicate this goal to 

employees organization-wide. 

h. At applicant and approved sites, all 

employees, including newly hired 

employees and contractor/subcontractor 

employees, will have the VPP explained 

to them before they perform any work. 

This explanation will include employee 

rights under the program and under the 

OSH Act or 29 CFR part 1960. 

i. All employees engaged in safety and 

health activities, including those 

specifically given safety and health 

duties as part of applicant’s safety and 

health management system, will be 

protected from discriminatory actions 

resulting from their activities/duties, 

just as Section 11(c) of the OSH Act and 

29 CFR 1960.46(a) protect employees 

who exercise their rights. 

j. Employees will have access to the 

results of self-inspections, accident 

investigations, and other safety and 

health management system data upon 

request. For a unionized workforce, this 

requirement may be met through 

employee representative access to these 

results. 

k. To enable OSHA to determine 

initial and continued VPP approval, 

applicant will maintain and make 

available for OSHA review the 

information listed below: 

(1) Written safety and health 

management system; 

(2) All documentation listed at 

VI.D.6.d. below; and 

(3) Any agreements between 

management and the authorized 

collective bargaining agent(s) 

concerning safety and health. 

l. Applicant will make available to 

OSHA any data not listed above that is 

necessary to evaluate identified 

deficiencies. 

m. Each year by February 15, each 

corporate participant will send to its 

designated OSHA VPP contact (see 

VIII.A. below) data that will enable 

OSHA to evaluate its overall VPP 

performance and compare that 

performance to the organization’s nonparticipating sites. This data will 

include: 

(1) Total recordable case incidence 

rate (TCIR) for injuries and illnesses at 

all approved sites for the previous 

calendar year; 

(2) Total recordable case incidence 

rate (TCIR) for injuries and illnesses at 

all non-VPP sites for the previous 

calendar year; 

(3) Total recordable incidence rate for 

cases involving days away from work, 

restricted work activity, and job transfer 

(DART rate) at all approved sites for the 

previous calendar year; 

(4) Total recordable incidence rate for 

cases involving days away from work, 

restricted work activity, and job transfer 

(DART rate) at all non-VPP sites for the 

previous calendar year; 

(5) The participant will also submit: 

(a) Total number of cases and hours 

worked for each of the above four rates; 

(b) Number and percentage of U.S.- 

based VPP-approved facilities for the 

past full calendar year; 

(c) Number and percentage of U.S.- 

based employees participating in VPP 

for the past full calendar year; 

(d) A list of applications submitted 

during the past full calendar year, and 

a list of projected applications for the 

current full calendar year; 

(e) Any corporate-level safety and 

health management system policy/ 

procedure changes; 

(f) Any major changes in corporate 

management or structure; 

(g) Information on Special 

Government Employee, mentoring, and 

other outreach activities for the past full 

calendar year; and 

(h) Corporate-wide success stories/ 

best practices. 

n. Whenever significant 

organizational or ownership changes 

occur, the corporate participant will 

provide OSHA within 60 days a new 

Statement of Commitment signed by 

management and, when applicable, any 

authorized collective bargaining agents. 

4. Injury and Illness Performance 

There are no organization-wide injury 

and illness rate requirements for 

organizations desiring to come into VPP 

via the corporate way to participate. 

OSHA will examine, however, injury 

and illness trends during its review of 

an applicant’s safety and health 

management system. After OSHA 

approves an organization under the 

corporate option, the individual sites/ 

DGAs that apply are subject to the VPP 

rate requirements of a program (Star or 

Merit) and the chosen manner of 

participation (site-based or mobile 

workforce). 

5. Additional Safety and Health 

Management System Requirements 

a. The corporate applicant’s safety 

and health management system must be 

fully established at the Star level and, 

therefore, incorporate all elements of the 

VPP safety and health management 

system, as delineated in IV. above. 

OSHA may approve individual sites/ 

DGAs to either the Star or Merit 

Program, depending on the degree and 

effectiveness of safety and health 

management system implementation. 

OSHA expects that at least 80 percent of 

an organization’s sites/DGAs will 

achieve Star approval. 

b. Pre-screening. A corporate 

applicant must have effective internal 

pre-screening processes to evaluate its 

sites/DGAs’ level of preparedness to 

participate in VPP. VPP pre-screening 

processes are required for evaluating the 

implementation of the safety and health 

management system at each candidate 

site/DGA and the completeness of the 

VPP application prior to submission to 

OSHA. 

c. A corporate applicant’s safety and 

health management system must 

provide thorough, documented 

oversight, management, and evaluation 

of employee safety and health at all 

sites/DGAs. 

6. Preapproval Onsite Review of a 

Corporate Applicant’s Safety and Health 

Management System 

When an organization chooses the 

corporate way to participate, the first 

step in OSHA’s preapproval onsite 

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review process will be an evaluation of 

the applicant’s standardized safety and 

health management system. This will be 

followed by onsite evaluations of all 

applicant sites/DGAs. 

a. Purpose of the Safety and Health 

Management System Review. This 

preapproval review, which OSHA 

conducts in a non-enforcement capacity, 

is intended to: 

(1) Verify the information supplied in 

the application concerning qualification 

for VPP; 

(2) Identify the strengths and 

weaknesses of the applicant’s safety and 

health management system, and 

evaluate its adequacy to address the 

hazards of the applicant’s sites/DGAs; 

(3) Determine whether the applicant’s 

safety and health management system 

meets the requirements for Star 

approval, 

(4) Determine how effectively the 

applicant’s safety and health 

management system addresses safety 

and health implementation at its sites/ 

DGAs, and how effectively the system 

provides pre-screening and continuing 

oversight and evaluation; 

(5) Identify any deficiencies in the 

applicant’s safety and health 

management system that must be 

satisfactorily addressed before OSHA 

will approve the applicant. 

(6) Determine whether the applicant 

is in compliance with OSHA 

regulations; and 

(7) Obtain information to assist the 

Assistant Secretary in making the VPP 

approval decision. 

b. Preparation. The review will be 

arranged at the mutual convenience of 

OSHA and the applicant. The review 

team will consist of a team leader; a 

back-up team leader (when needed); and 

health, safety, and other specialists as 

required by the complexity of 

applicant’s operations. 

c. Duration. The time required for the 

preapproval onsite review will depend 

upon the complexity of applicant’s 

operations but normally will last 3 days. 

d. Scope. OSHA will conduct an 

evaluation of the applicant’s safety and 

health management system to determine 

whether the system meets Star 

requirements. It will include systems for 

ensuring safety and health management 

system implementation, pre-screening, 

and continuing oversight and evaluation 

of safety and health protection at sites/ 

DGAs within the corporation. This 

evaluation normally will take place at 

the fixed location where the applicant 

maintains safety and health records 

(typically the applicant’s headquarters). 

(1) Management Commitment. OSHA 

will carefully assess the applicant’s 

management commitment to safety and 

health and to VPP. This assessment will 

include interviews with senior officials, 

regular and temporary employees, and 

union representatives where applicable, 

from headquarters and select sites/ 

DGAs. 

(2) Document Review. OSHA will 

examine the following records (or 

samples) if they exist and are relevant 

to the application or to the safety and 

health management system. (OSHA will 

accommodate trade secret concerns to 

the extent feasible.) 

(a) Written safety and health 

management system, including policies 

and procedures that ensure compliance 

with OSHA standards; 

(b) Management statement of 

commitment to safety and health; 

(c) Safety and health manuals; 

(d) Safety rules, emergency 

procedures, and examples of safe work 

procedures; 

(e) The system for enforcing safety 

rules; 

(f) The system for employee reporting 

of safety and health problems and 

management response; 

(g) Self-inspection procedures, 

reports, and correction tracking; 

(h) The system for investigating, 

documenting and analyzing accidents; 

(i) The system for establishing and 

tracking safety and health performance 

goals; 

(j) The system for tracking and 

responding to injury and illness trends; 

(k) Employee orientation and safety 

training programs; 

(l) The system for measuring, 

documenting, and assessing safety and 

industrial hygiene exposures; 

(m) The system for conducting annual 

safety and health management system 

self-evaluations and site/DGA oversight 

and evaluation; 

(n) The system for preventive 

maintenance; 

(o) Accountability and responsibility 

documentation, e.g., performance 

standards and appraisals; 

(p) Contractor safety and health 

programs; 

(q) The system for occupational health 

care; 

(r) Available resources devoted to 

safety and health; 

(s) The system for conducting hazard 

and process analyses; 

(t) The system to ensure meaningful 

employee involvement in safety and 

health; 

(u) Other records that provide 

relevant documentation of VPP 

qualifications. 

7. Site/DGA Evaluation. After OSHA 

reviews a corporate applicant’s safety 

and health management system and 

grants VPP corporate approval, the 

Agency will accept streamlined 

applications and conduct streamlined 

onsite evaluations of corporate sites/ 

DGAs. These evaluations and 

subsequent reevaluations will focus on 

how effectively the sites/DGAs 

implement the corporate-wide safety 

and health management system and 

additional protective measures that 

address specific site/DGA conditions. 

The evaluations and reevaluations will 

conform to OSHA’s policies and 

requirements for site-based participation 

(see VI.B. above) and mobile workforce 

participation (see VI.C. above). 

8. Term of Participation 

a. A corporate participant’s term of 

participation is open-ended so long as 

the participant: 

(1) Continues to maintain its excellent 

safety and health management system; 

(2) Submits the annual information 

required (see VI.D.3.n. above); 

(3) Continues to bring acceptable 

numbers of new sites/DGAs into VPP 

(see VI.D.3.f. above). 

b. The term of participation for 

individual sites/DGAs will depend on 

the program to which they are approved 

(Star or Merit) and their manner of 

participation (site-based or mobile 

workforce). 

c. In the event a corporation 

withdraws from VPP, completes its 

participation, or is terminated by OSHA, 

individual qualified sites/DGAs are 

entitled to continue their participation 

under the site-based option. 

9. Periodic Reevaluation of Corporate 

Safety and Health Management System 

a. Purpose. OSHA periodically 

conducts onsite reevaluation of a 

corporate participant’s safety and health 

management system to: 

(1) Determine continued qualification 

for corporate participation; 

(2) Document results of participation 

in terms of the evaluation criteria and 

other noteworthy aspects of the 

participant’s safety and health 

management system; and 

(3) Identify any problems that have 

the potential to adversely affect 

continued qualification and determine 

appropriate follow-up actions. 

b. Frequency. OSHA will conduct 

reevaluations of corporate participants’ 

safety and health management systems 

at no greater than 60-month intervals. 

(Significant changes in the safety and 

health management system, corporate 

leadership or structure may trigger more 

frequent evaluation.) For corporate 

participants who participated in the 

Corporate Pilot, OSHA will conduct the 

initial reevaluation of the safety and 

health management system within 60 

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months of the last Corporate Pilot 

evaluation. 

c. Scope. OSHA’s reevaluation of 

corporate participants will consist 

mainly of an onsite visit similar in 

scope to the preapproval onsite review 

described in VI.D.6. above. 

d. Measures of Effectiveness. OSHA 

will use the following factors in the 

reevaluation of corporate participants: 

(1) Continued compliance with VPP 

requirements and continuous 

improvement in the safety and health 

management system; 

(2) Satisfaction and continuing 

demonstrated commitment of 

employees and management; and 

(3) Nature and resolution of problems 

that may have come to OSHA’s attention 

since approval or the last evaluation. 

VII. Participation Decisions 

A. Recommendation for Program 

Approval 

1. Approval 

If, in the opinion of the OSHA 

preapproval onsite review team, the 

applicant has met the qualifications for 

participation, the team leader will 

submit the team’s recommendation to 

the appropriate OSHA official, normally 

the Regional Administrator. This 

official, on concurrence, will 

recommend approval to the Director of 

Cooperative and State Programs. The 

Director of Cooperative and State 

Programs will review the preapproval 

report for compliance with program 

criteria and consistent application of the 

qualifications requirements and, on 

concurrence, will forward the 

recommendation to the Assistant 

Secretary to approve participation. 

Approval will occur on the day that the 

Assistant Secretary signs a letter 

informing the applicant of approval. 

2. Deferred Approval 

If the preapproval review determines 

that the applicant needs to take steps to 

meet one or more program requirements 

or to come into compliance with OSHA 

rules, the applicant will be given 

reasonable time (up to 90 days) before 

a recommendation for VPP approval is 

made to the Assistant Secretary. When 

necessary, an onsite visit will be made 

to verify the actions taken after the 

preapproval onsite review visit. 

Upon satisfactory completion of the 

above steps, the onsite review team 

leader will initiate the approval process 

described in VII.A.1. above. 

3. Rejection of the Recommendation to 

Approve 

Should the Assistant Secretary for any 

reason reject the recommendation to 

approve made by the Regional 

Administrator or other appropriate 

official, a letter from the Assistant 

Secretary denying approval and 

explaining the rejection will be sent to 

the applicant. The denial will occur as 

of the date of the Assistant Secretary’s 

letter. 

B. Recommendation for Program Denial 

1. If OSHA determines that the 

applicant does not meet the 

requirements for VPP participation, the 

Agency will allow reasonable time (not 

to exceed 30 calendar days) for the 

applicant to withdraw its application or 

submit an appeal of the team 

recommendation. 

a. If the applicant chooses to 

withdraw its application, the provisions 

of V.E. above will apply and no onsite 

team report will be generated. 

b. If an applicant chooses to appeal 

the recommendation, it should submit 

its appeal within 30 calendar days to the 

Regional Administrator or other 

appropriate OSHA official. That official 

will submit the appeal, along with a 

denial recommendation, to the Director 

of Cooperative and State Programs, who 

will review the submission and forward 

it to the Assistant Secretary. 

2. The Assistant Secretary will make 

a binding decision. 

a. If the Assistant Secretary accepts 

the applicant’s appeal, the applicant 

will be approved to VPP on the day the 

Assistant Secretary signs a letter 

conveying this decision to the applicant. 

b. If the Assistant Secretary denies the 

applicant’s appeal, participation denial 

will occur on the day the Assistant 

Secretary signs a letter conveying this 

decision to the applicant. 

C. Reapproval Recommendations and 

Decisions 

1. Star Program 

The Regional Administrator or other 

appropriate official will make one of the 

following decisions/recommendations 

following a Star periodic reevaluation 

visit: 

a. Decision to continue participation 

in the Star Program; 

b. Decision to allow a 1-year 

conditional participation in the Star 

Program. The VPP onsite review team 

may recommend this alternative if it 

finds that the participant has allowed 

one or more safety and health 

management system elements to slip 

below Star quality. Before a participant 

can be placed on 1-year conditional 

status, the participant first must return 

its safety and health management 

system to Star quality within 90 

calendar days of the evaluation visit and 

must demonstrate a commitment to 

maintain that level of quality; 

c. Recommendation to remove a Star 

participant’s 1-year conditional status. 

A VPP onsite review team will return to 

a conditional Star participant’s site/ 

DGA 1 year after the onset of 

conditional status to determine if the 

participant’s safety and health 

management system remains at Star 

quality. If the team is satisfied that Star 

quality has been maintained, it will 

recommend the participant be 

reapproved to the Star Program; or 

d. Recommendation to Terminate. 

After considering the recommendation 

of the VPP onsite review team, the 

Regional Administrator or other 

appropriate official may recommend to 

the Assistant Secretary that a participant 

be terminated if the participant has been 

found to have significantly failed to 

maintain its safety and health 

management system at Star quality or 

meet other VPP requirements. 

2. Merit Program 

The Regional Administrator or other 

appropriate official will make one of the 

following decisions/recommendations 

following a Merit periodic evaluation 

visit: 

a. Decision for continued Merit 

participation; 

b. Recommendation for advancement 

to the Star Program; 

c. Recommendation for termination; 

or 

d. Recommendation for a second 

Merit term. This recommendation will 

occur only when unanticipated unique 

circumstances slow the participant’s 

progress toward accomplishing the 

goals. 

3. Demonstration Program 

The Regional Administrator or other 

appropriate official will make one of the 

following decisions/recommendations 

to the Assistant Secretary following a 

Demonstration periodic reevaluation 

visit. 

a. Decision to continue participation 

in the Demonstration Program at current 

recognition level (Star or Merit); 

b. Recommendation for advancement 

to Star level recognition within the 

Demonstration Program; or 

c. Recommendation for termination. 

This recommendation may occur when 

the unique aspects of the Demonstration 

do not provide VPP-quality protection 

or when the participant has significantly 

failed to maintain a VPP-quality safety 

and health management system. 

4. Corporate Safety and Health 

Management System 

The Regional Administrator or other 

appropriate official will make one of the 

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following recommendations to the 

Assistant Secretary following a periodic 

reevaluation visit to reassess a corporate 

participant’s organization-wide safety 

and health management system. 

a. Recommendation to continue 

participation; or 

b. Recommendation for termination. 

5. Effective Date of Reapproval 

Decisions 

a. When the Regional Administrator 

or other appropriate official has 

authority to make a reapproval decision, 

the effective date will be the day the 

deciding official signs a letter conveying 

the decision to the participant. 

b. When the Regional Administrator 

or other appropriate official makes a 

reapproval recommendation to the 

Assistant Secretary, the effective date 

will be the day the Assistant Secretary 

signs a letter conveying the decision to 

the participant. 

D. Voluntary Withdrawal 

1. A participant may withdraw from 

VPP for any reason, including receipt of 

an OSHA notice of intent to terminate, 

by submitting written notification to the 

Regional Administrator or other 

appropriate OSHA official. 

2. The completion of work by a sitebased construction participant, and the 

resulting final self-evaluation (see 

VI.B.5.), will constitute a withdrawal. 

3. Before acting to terminate a 

participant from VPP (see VII.E. below), 

OSHA normally will give the 

participant the opportunity to 

voluntarily withdraw. 

E. Termination of Participation 

1. Reasons for Termination. OSHA 

will terminate a participant from VPP 

when: 

a. Participant’s management, or the 

duly authorized collective bargaining 

agent, where applicable, withdraws 

support for VPP participation; 

b. A participant fails to maintain its 

safety and health management system in 

accordance with program requirements; 

c. Following a fatality or other 

significant event and completion of 

OSHA enforcement action and/or a VPP 

reevaluation (see VIII.C.2–3), OSHA 

determines that the event reflects a 

serious deficiency in the participant’s 

safety and health management system 

that warrants termination. 

d. No significant progress has been 

made toward achieving the established 

Merit goals or 1-year Star Conditional 

goals; 

e. The 2-year period for a Rate 

Reduction Plan has expired without the 

participant returning injury and illness 

rates to acceptable levels; 

f. The Merit term of approval has 

expired, and no recommendation has 

been made for a second term; 

g. The sale of a VPP participant to 

another company or a management 

change has significantly weakened the 

safety and health management system; 

h. Resident contractor participation is 

no longer possible because the host site 

no longer participates in VPP and no 

other appropriate option is available. 

This reason for termination does not 

apply to resident contractors that are 

participating as part of a larger 

organization approved under the 

corporate option; 

i. A corporate participant fails to meet 

expected numbers of new site/DGA 

participants; 

j. OSHA terminates a Demonstration 

Program for just cause; or 

k. The Regional Administrator or 

other appropriate official presents 

written evidence to the Assistant 

Secretary that the essential trust and 

cooperation among labor, management, 

and OSHA no longer exist, and therefore 

recommends termination, and the 

Assistant Secretary concurs. 

2. Termination Notification and Appeal 

or Withdrawal 

a. Under most circumstances, OSHA 

will provide the participant and 

bargaining unit representatives 30 days’ 

notice of intent to terminate 

participation in the VPP. During the 30- 

day period, the participant is entitled to 

appeal in writing to the Assistant 

Secretary and to provide reasons why it 

believes it should not be removed from 

the VPP. 

b. OSHA will not provide 30 days’ 

notice when: 

(1) Other terms for termination were 

agreed upon before approval; or 

(2) A set period for approval is 

expiring. 

3. Reapplication Following Termination 

a. Reinstatement to VPP following 

termination requires reapplication. 

b. OSHA will not consider the 

reapplication of a terminated participant 

for a period of 3 years from the date of 

termination. 

VIII. OSHA’s Post-Approval Contact 

with Participants 

A.OSHA Contact Person 

The Contact Person for each VPP 

participant will be the appropriate 

Regional VPP Manager or his/her 

designee, or the appropriate OSHA 

National Office representative. This 

person will be available to assist the 

participant, as needed. 

B. OSHA Compliance Assistance 

1. In some cases, OSHA may schedule 

and conduct an onsite assistance visit, 

for example, to respond to employer 

technical inquiries or to ensure the 

efficacy of a Demonstration. 

2. Whenever significant changes in 

ownership or organizational structure 

occur, or a change occurs in an 

authorized collective bargaining agent 

required to provide evidence of support 

for VPP, OSHA may make an onsite 

assistance visit if needed to determine 

the impact of the changes on VPP 

participation. In the event of such 

changes, the Regional Administrator or 

other appropriate OSHA official must be 

notified of the change within 60 days, 

and a new signed Statement of 

Commitment will be required. The 

Statement must be signed by 

management and appropriate bargaining 

representatives. 

3. Whenever a 3-year rate (either the 

TCIR or the DART rate) of a Star 

Program participant exceeds the 3 most 

recent years’ national averages 

published by BLS, at the discretion of 

the Regional Administrator or other 

appropriate OSHA official, the 

participant may be required to develop 

an agreed upon 2-year rate reduction 

plan. 

a. If appropriate, OSHA may make an 

assistance visit to help the participant 

develop the plan. 

b. The plan may be developed in 

conjunction with needed corrections to 

deficiencies within the safety and health 

management system that have resulted 

in OSHA placing the participant on 1- 

year conditional status. (See VII.C.1.b.) 

(1) OSHA may lift a participant’s 

conditional status before completion of 

the rate reduction plan. 

(2) If, after 2 years, a participant’s 

rates have not returned to acceptable 

levels, the participant will be asked to 

withdraw from VPP. Failure to 

withdraw will result in termination. 

C. OSHA Enforcement 

1. Programmed Inspections. VPP 

applicants and participants, unless they 

choose otherwise, will be removed from 

OSHA’s programmed inspection lists, 

including any lists of targeted sites. 

a. OSHA will remove an individual 

site applicant or multiple sites within 

an applicant DGA from the programmed 

inspection lists. 

(1) This will occur no more than 75 

calendar days prior to the 

commencement of the scheduled 

preapproval onsite review. 

(2) The applicant will remain off these 

lists until official denial of the 

application, applicant withdrawal of its 

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952 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 

application, or, if the applicant is 

approved to the VPP, subsequent 

cessation of active participation in the 

VPP. 

b. Upon approval, VPP participants 

will continue to be removed from OSHA 

inspection lists for the duration of 

approved participation. 

c. Removal from OSHA programmed 

inspection lists does not apply to a 

corporate headquarters or DGA 

headquarters unless these locations 

have applied or been approved for sitebased participation. 

2. Unprogrammed Inspections 

a. Workplace complaints to OSHA, all 

fatalities and catastrophes, and other 

significant events will be handled by 

enforcement personnel in accordance 

with normal OSHA enforcement 

procedures. 

b. The history of the VPP 

demonstrates that safety and health 

problems discovered during any contact 

with VPP participants normally are 

resolved cooperatively. Nevertheless, 

OSHA must reserve the right, where 

employees’ safety and health are 

seriously endangered and management 

refuses to correct the situation, to refer 

the situation to the Assistant Secretary 

for review and enforcement action. The 

employer will be informed that a 

referral will be made to the Assistant 

Secretary and that enforcement action 

may result. 

3. Additional VPP Investigations 

a. Following significant events, e.g., 

fatalities, chemical spills or leaks, or 

other accidents, OSHA may choose to 

use VPP personnel to conduct an onsite 

review to determine a participant’s 

continued eligibility for VPP. 

b. OSHA also may choose to 

investigate other significant accidents or 

events that come to its attention and 

that are not required to be handled with 

normal OSHA enforcement procedures, 

whether or not injury/illness is 

involved. OSHA will use VPP personnel 

to determine whether the accident or 

incident reflects a serious deficiency in 

the participant’s safety and health 

management system that warrants 

reevaluation of the participant’s VPP 

qualification. 

Authority: The Occupational Safety and 

Health Act of 1970, 29 U.S.C. 651 et seq. 

Signed at Washington, DC, this 5th day of 

January, 2009. 

Thomas M. Stohler, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–165 Filed 1–8–09; 8:45 am] 

BILLING CODE 4510–26–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC 09–05] 

Notice of Quarterly Report (July 1, 

2008–September 30, 2008) 

AGENCY: Millennium Challenge 

Corporation. 

SUMMARY: The Millennium Challenge 

Corporation (MCC) is reporting for the 

quarter July 1, 2008 through September 

30, 2008 in respect to both assistance 

provided under Section 605 of the 

Millennium Challenge Act of 2003 (Pub. 

L. 108–199, Division D (the Act)), and 

transfers or allocations of funds to other 

federal agencies pursuant to Section 

619(b) of the Act. The following report 

shall be made available to the public by 

means of publication in the Federal 

Register and on the Internet Web site of 

the MCC (http://www.mcc.gov) in 

accordance with Section 612(b) of the 

Act. 

ASSISTANCE PROVIDED UNDER SECTION 605 

Projects Obligated Objectives Cumulative disbursements Measures 

Country: Madagascar Year: 2008 Quarter 4 Total obligation: $109,773,000 

Entity to which the assistance is provided: MCA Madagascar Total quarterly disbursement: $12,296,269 

Land Tenure Project ........ $37,803,000 Increase Land Titling and 

Security.

$15,491,326 Legislative proposal reflecting the National Land 

Tenure Program submitted to Parliament and 

passed. 

Number of land disputes reported and resolved in 

the target zones and sites of implementation. 

Percentage of land documents inventoried, restored, and/or digitized. 

Average time and cost required to carry out property transactions. 

Percent of reported land conflicts resolved on titled 

land in zone 3, 4, 5 during the title regularization 

operations. 

Percentage of land in the zones that is demarcated 

and ready for titling. 

Finance Project ................ $35,888,000 Increase Competition in 

the Financial Sector.

$11,298,895 The number of savings accounts and outstanding 

value of accounts from primary banks. 

Maximum check clearing delay. 

Volume of funds in payment system and number of 

transactions. 

Increased public awareness of new financial instruments as measured by surveys within intervention zones and large towns. 

The amount of government debt issued with maturities in excess of 52 weeks. 

The number of new individual investors buying 

government debt securities. 

The number of bank branches of the Central Bank 

of Madagascar capable of accepting auction 

tenders. 

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