Okla. Admin. Code § 380:40-1-23

Current through Vol. 41, No. 17, May 15, 2024

Section 380:40-1-23 - Safety Pays OSHA Consultation Services-Private Sector

(a)Purpose. Pursuant to 40 O.S. § 414 et seq., the Occupational Safety and Health Consultation Program for private employers is designed to provide comprehensive safety and health services to Oklahoma employers in accordance with Title 29 of the U.S. Code of Federal Regulations, Part 1908, Consultation Agreements, the current U.S. DOL, OSHA Consultation Policies and Procedures Manual ("CPPM"), and in compliance with Section (6) of Public Law 91-596, also known as the Williams-Steiger Occupational Safety and Health Act of 1970 ( 29 U.S.C.A. § 655 ), and the Consultation and Cooperative Agreements pursuant to Section 21(d) of 29 U.S.C. § 656. This Consultation Program is independent of federal enforcement, and the services are provided at no cost to the employer. The program services are supported by Federal and State Funds. ODOL is able to provide this consultation service in accordance with 29 CFR 1908 through the Cooperative Agreement to further the goal of preventing the occurrence of injuries and illnesses which may result from exposure to hazardous workplace conditions and from hazardous work practices. Private employers who qualify and successfully complete the Safety Pays OSHA Consultation Services may be eligible for a tax exemption of One Thousand Dollars ($1,000.00) for the tax year in which the program is successfully completed.

(b)Program Eligibility. An employer must meet the employer eligibility criteria pursuant to the CPPM in order to qualify for certain recognition and incentive programs in connection with the consultation services. These programs are geared for small businesses, in high-hazard industries. Due to frequent Federal updates and revisions, it is best to contact ODOL OSHA Consultation Division to verify the most up-to-date specific eligibility requirements.

(c)On-Site Consultation Services. Consultation visits will be performed in accordance with 29 CFR 1908 and the current US DOL Consultation Policies and Procedures Manual. Onsite consultation visits will be performed based on the scope of the employers request for services. The employer may limit, expand the scope of, or terminate the visit at anytime. The visit shall be followed by a written report to the employer with evaluations and recommendations to improve the health and safety of the employees. A follow-up consultation visit may be required in some cases, depending on the identified hazard and/or the particular recognition and incentive program being followed. The on-site consultation visits have a structured format which include:

(1) an opening conference;

(2) a survey of the physical workplace;

(3) safety and health program assessment;

(4) an employee exposure monitoring as necessary; and

(5) a closing conference.

(d)Confidentiality. Information obtained as a result of a consultation visit shall be confidential. The identity of employers requesting onsite consultation, as well as the file of the consultant's visit shall not be provided to anyone except the employer for whom it was prepared, and the limited exceptions listed in 29 CFR 1908.7.

(e)Recognition and Incentive Programs. By participating and successfully completing the requirements of the applicable recognition and/or incentive program, employers may be eligible to qualify for the following beneficial programs:

(1)SHARP. ODOL administers the Safety and Health Achievement Recognition Program ("SHARP") in accordance with the 21(d) Consultation Cooperative Agreement, as stated in the OSHA Act, and as outlined in the current CPPM. Employers who meet the eligibility criteria and on-going program requirements may be removed from Federal OSHA's Programmed Inspection Schedule for a period of not less than one year.

(2)WCPR. ODOL administers the state sponsored Worker's Compensation Premium Reduction Program ("WCPR") pursuant to the provisions of Title 40 O.S. § 414(H) and Title 36 O.S. § 924.2. For further explanation of WCPR and the specific eligibility requirements, see 80:41.

(f)Tax Exemption. Title 68 O.S. § 2358 provides for an exemption from taxable income in the amount of One Thousand Dollars ($1,000.00) for the tax year in which eligible employers successfully complete the Safety Pays OSHA Consultation Services provided by ODOL. Oklahoma employers meeting the eligibility requirements for consultation services prescribed by the current CPPM, that request and successfully complete a full-service consultation visit (safety, health, or both) and meet the conditions of the opening conference agreement may be eligible for the $1,000.00 tax exemption for the physical location covered by the request for consultation services. The tax exemption will be awarded for the year the full-service consultation service was successfully completed. Upon this successful completion a letter will be provided from the ODOL Consultation Division to the employer confirming this successful completion. This letter will serve as the official notification that the employer has met the requirements for the full-service consultation service and is eligible for the tax exemption through the Oklahoma Tax Commission.

(g)Promoting and Managing Consultation Services. Pursuant to 29 CFR 1908.5(a) ODOL shall be responsible for encouraging employers to request consultative assistance and shall publicize the availability of its consultation service and the scope fo the services available. The agency will promote the availability of consultation services to employers through a variety of methods and techniques, including broad-based media campaigns. Outreach activities will be designed to recognize and target unique circumstances relevant to Oklahoma and reach those employers who will benefit most from the consultation service. Outreach methods may include, but are not limited to the following:

(1) Speeches or presentations;

(2) Direct solicitation of employers;

(3) Public presentations (trade shows, association meetings, etc.);

(4) Television and Radio talk shows;

(5) Cooperative training seminars;

(6) Roundtable discussions;

(7) Safety and health conferences and conventions;

(8) Participation in association meetings;

(9) Publications;

(10) Websites.

Okla. Admin. Code § 380:40-1-23

Added at 23 Ok Reg 2771, eff 6-25-06; Amended at 26 Ok Reg 2259, eff 7-1-09