(a) Format. An initial onsite consultative visit will consist of an opening conference, an examination of those aspects of the employer's safety and health program which relate to the scope of the visit, a walk through of the workplace, and a closing conference. It may also include training and education for employers and employees. The visit shall be followed by a written report to the employer. Additional visits may be conducted at the employer's request to provide needed education and training, assistance with the employer's safety and health program, technical assistance in the correction of hazards, or as necessary to verify the correction of serious hazards identified during previous visits.
(b) Employee participation. - (i) The consultant shall retain the right to confer with a reasonable number of employees, or employee representative, during the course of the visit in order to identify and judge the nature and extent of particular hazards within the scope of the employer's request, and to evaluate the employer's safety and health program. The employer is encouraged to allow employee participation to the fullest extent practicable.
- (ii) In addition, an employee or representative may be afforded an opportunity to accompany the consultant and the employer's representative during the physical inspection of the workplace.
- (iii) The consultant is authorized to deny the right to accompany under this section to any person whose conduct interferes with the orderly conduct of the visit.
(c) Onsite activity. - (i) The onsite consultative visit will focus primarily on those areas, conditions, or hazards on which the employer has requested assistance. An employer may expand or reduce the scope of the request at any time during the onsite visit. In all cases, the employer remains obligated to correct those serious hazards which are identified during the visit.
- (ii) Within the scope of the employer's request, consultants shall review the employer's safety and health program and provide advice to make such programs more effective.
- (iii) Consultants shall identify and provide advice on correction of those hazards observed in the workplace during the onsite visit. This advice shall include basic information indicating the approaches, means, techniques, and other appropriate items commonly used to eliminate or control such hazards. The consultants may also advise the employers of additional sources of assistance. The consultant shall conduct sampling and testing, with subsequent analyses, as may be necessary to confirm the existence of safety and health hazards.
- (iv) When a hazard is identified in the workplace, the consultant shall indicate to the employer the consultant's best judgment as to whether the situation would be classified as a serious or other-than-serious hazard.
- (v) For serious hazards, the consultant will assist the employer in developing a specific plan to correct the hazard, affording the employer a reasonable period of time to complete the necessary corrective action.
- (vi) As a condition for receiving the consultation service, the employer must agree to post the List of Hazards accompanying the consultant's written report, and to notify affected employees when hazards are corrected. When received, the List of Hazards must be posted, unedited, in a prominent place where it is readily observable by all affected employees for three working days, or until the hazards are corrected, whichever is later. Compliance will not schedule a compliance inspection in response to a complaint based upon a posted List of Hazards unless the employer fails to meet his obligations under paragraph (e) of this Section, or fails to provide interim protection for exposed employees.
(d) At the conclusion of the consultation visit, the consultant will conduct a closing conference with the employer. The consultant will describe hazards identified during the visit and other pertinent issues related to employee safety and health.
(e) Employer obligations. - (i) An employer must take immediate action to eliminate employee exposure to a hazard which, in the judgment of the consultant, presents an imminent danger to employees. If the employer fails to take the necessary action, the consultant must immediately notify the affected employees and Consultation Program Supervisor and provide the relevant information.
- (ii) An employer must also take the necessary action to eliminate or control employee exposure to any identified serious hazard, and meet the posting requirements of paragraph 3.(c)(vi) of this section.
- (iii) An employer may request an extension of the time frame established for correction of a serious hazard when the employer demonstrates having made a good faith effort to correct the hazard within the established time frame and is taking interim steps to safeguard the employees against the hazard during the correction period.
- (iv) If the employer fails to take the action necessary to correct a serious hazard within the established time frame or any extensions, the Consultation Program Supervisor shall immediately notify the Program Manager and provide the relevant information. The Program Manager in conjunction with the Compliance Program Supervisor will make a determination whether enforcement activity is warranted.
- (v) After correction of all serious hazards, the employer shall notify Consultation by written confirmation of the correction of the hazards.
(f) A written report shall be prepared for each visit which results in substantive findings or recommendations, and shall be sent to the employer. The report shall, within the scope of the request, evaluate the employer's program for ensuring safe and healthful employment and provide recommendations for making such programs effective; shall identify specific hazards and describe their nature, including reference to applicable standards or codes; shall identify the seriousness of the hazards; and, to the extent possible, recommend corrective actions including the possible need to procure specific engineering consultation, medical advice and assistance, and other appropriate items. The report shall also include reference to the completion dates for the situations described in 3.(e)(i) and (ii).
(g) Employer Remedies. - (i) Consultation must provide, upon written request from the employer within 15 working days of receipt of the consultant's report, a prompt opportunity for an informal discussion with the consultation supervisor regarding the period of time established for the correction of a hazard or any other substantive finding of the consultant.
- (ii) An employer may request, and the consultation supervisor may grant, an extension of the time frame established for correction of a serious hazard when the employer demonstrates having made a good faith effort to correct the hazard within the established time frame; shows evidence that correction has not been completed because of factors beyond the employer's reasonable control; and shows evidence that the employer is taking all available interim steps to safeguard the employees against the hazard during the correction period.
(h) Confidentiality. - (i) Release of the identity of employers who have requested Consultation services would breach the confidentiality of commercial information not customarily disclosed by the employer. Accordingly, the Department shall keep such information confidential.
- (ii) The Department shall preserve the confidentiality of information obtained as the result of a consultative visit which contains or might reveal a trade secret of the employer.
- (iii) The consultant's written report will not be disclosed to anyone except to the employer for whom it was prepared and as provided for in 4.(a)(iii). Consultation may also disclose information contained in the consultant's written report to the extent required by General Rules 1910.1020.