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DLLR's Division of Labor and Industry

 

MOSH Instruction 09-02 - Maryland Occupational Safety and Health (MOSH)

 
Subject: Initial Training Program For MOSH Compliance Personnel
 
Effective Date: April 22, 2009
 
Issuance Date: April 22, 2009
 
Purpose: This instruction provides Regional Office personnel with policy and guidelines for implementation of competency-based training programs for MOSH compliance personnel.
 
Scope: MOSH-wide
 
References: OSHA Directive No: TED-01-00-018 - Training Program For OSHA Compliance Personnel
 
Contact: Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
 
By and Under the Authority of: Roger Campbell, Assistant Commissioner
 

I. References.

A. OSHA Instruction CSP 01-00-002 (STEP 2-0.22B), State Plan Policies and Procedures Manual, March 21, 2001.
B. OSHA Instruction CSP 01-00-003 (STP 2.22A, CH-3), Changes to the State Plan Policies and Procedures Manual, February 27, 1990.
C. OSHA Instruction EAA 01-00-003, Management Accountability Program, July 23, 2007.
D. OSHA Instruction PER 05-00-001 (PER 10-1.1), OSHA Training Policy, December 14, 1979.
E. OSHA Instruction TED 01-00-017, OSHA's Policy for Local Occupational Safety and Health Training, August 22, 2007.
F. 29 CFR 1902, State Plans for the Development and Enforcement of State Standards

II. Goals and Objectives of CSHO Training. The goal of this instruction is to assist CSHOs and their supervisors with direction, guidance, and training options that directly contribute to the CSHO's ability to represent MOSH with a high degree of professional expertise.

A. Competency-Based Curriculum.

1. The OSHA Training Institute offers formal training for CSHOs with a competency-based approach to curriculum, using the CSHO Functional Competency Model as the guide. A copy of the CSHO Competency Model and related information on the OTI curriculum and professional certification can be found on OSHA's Directorate of Training and Education Intranet web pages.

2. It is important to note that competence cannot be achieved through formal training alone. Proficiency requires a mix of experiences over time, personal initiative to develop to the highest level of professionalism possible, and structured on-the-job training as well as formal training.

B. Formal Training Program. MOSH's formal training program provides a wide range of training opportunities and learning experiences to assist CSHOs with their professional development goals. A flexible program that incorporates technology enabled learning, self-study packages, on-the-job experiences and formal training has been developed to accommodate the varying levels of experience and competence during the initial three-year period of a CSHO's career. MOSH's safety and health training paths reflect basic requirements and competencies applicable to all CSHOs as well as those intending to gain additional expertise.

C. Technical Training during the First Three Years. MOSH's flexible yet structured approach to curriculum meets the needs of CSHOs with highly diverse academic backgrounds and experiences. Supervisors and managers are encouraged to incorporate their office's training priorities into the CSHO's training program. For example, the needs of the Regional Office may dictate that new CSHOs receive technical training in industrial noise or machine guarding within their first year. The MOSH training program offers Regional Supervisors the opportunity to incorporate up to four additional technical courses at any time during the CSHO's initial three year training plan provided the CSHO has completed both the #1000 Initial Compliance or State equivalent and one of the Standards courses. Selection of the technical courses to be attended and determination of the sequencing and priority are at the Regional Supervisor's discretion.

III. First Three Years of CSHO Training. OSHA Training Institute Career Path for CSHOs [First Three Years] (see Appendix A) illustrates a recommended training sequence for the CSHO's first three years.

A. The following courses must be completed within the first year of a CSHO's career. Although these courses are required during the first year, there is no limit to the number of courses a CSHO may take during any year.

1. #1000 Initial Compliance or State equivalent.

2. The following courses on OSHA Standards.

a. #1050 Introduction to Safety Standards for Safety Officers or State equivalent (safety career path).

b. #1250 Introduction to Health Standards for Industrial Hygienists or State equivalent (health career path).

c. #2000 Construction Standards or State equivalent (safety career path)

NOTE: Due to staff size and industry characteristics of Maryland, safety compliance officers will do a combined safety and construction track.

B. The following courses will be taken after the CSHO has completed one of the Standards courses.

1. #1310 Investigative Interviewing Techniques or State equivalent.

2. #1410 Inspection Techniques and Legal Aspects or State equivalent.
NOTE: The #1410 Inspection Techniques and Legal Aspects course is the only course that cannot be waived per Section VI.

3. #2450 Evaluation of Safety and Health Management Systems or State equivalent.

4. #1230 Accident Investigation or State equivalent.

C. At least one of the following courses will be taken during a CSHO's initial three year period to enhance multi-disciplinary competence.

1. Safety and construction career path CSHOs will take at least one of the following:

a. #1080 Health Hazard Awareness for Safety Officers or State equivalent

b. #1250 Introduction to Health Standards for Industrial Hygienists or State equivalent

2. Health career path CSHOs will take at least one of the following:

a. #1280 Safety Hazard Awareness for Industrial Hygienists or State equivalent

b. #1050 Introduction to Safety Standards for Safety Officers or State equivalent

D. FEMA ICS-100 Introduction to Incident Command System and ICS-200 ICS for Single Resources and Initial Action Incidents online courses must be taken during the initial three years of training, however, the specific sequence is not critical.

E. Four additional technical courses can be assigned by the Assistant Chief during the initial three years of the CSHO's training plan as specified in Section IV.C.

IV. Organizational Responsibilities.

A. Office of the Assistant Commissioner and Outreach Unit. The Office of the Assistant Commissioner and the Outreach Unit shall support the training program, as appropriate, by providing resources, supplying current information on the status of agency programs, standards, regulations, and directives. The Office of the Assistant Commissioner and the Outreach Unit will also ensure that money is budgeted and available to the Regions for new hires to complete the required training during their first three years as CSHO's. The Assistant Commissioner may at his/her discretion based on the Assistant Chief(s) recommendations grant waivers and time extensions in accordance with the procedures explained in Sections VI and VIII of this instruction.

B. CSHO Training and Education Coordinators. The CSHO Training and Education Coordinators shall be responsible for providing programs to educate and train MOSH compliance personnel in the skills and knowledge required to perform their duties. Responsibilities include:

1. Providing oversight for the planning, development and execution of Agency technical and specialized training courses and seminars.

2. Conducting needs assessments and gap analyses to identify training needs for compliance personnel.

3. Assist Supervisors in selecting OSHA Training Institute courses and other training and development opportunities that match the CSHO's Individual Development Plans (IDPs) and other professional development needs.

4. Process training requests, maintain training records, and provide training registration information to CSHOs.

5. Conducting evaluations of training courses and programs designed for compliance personnel.

6. Annotating the CSHO's training records to reflect waived required training and time extensions for required training.

7. Preparing a courtesy report for the Regions, the Assistant Commissioner, the Chief of Compliance, and the Assistant Chief(s) listing the courses that have been taken and the courses that need to be taken for the three year training period. The report will be made available once per fiscal year.

C. Assistant Chief(s). The Assistant Chief(s) shall direct the execution of the state-wide training and education program in accordance with MOSH policy, through the Regional Supervisors. Specifically, the Assistant Chief may, at his/her discretion and based on the CSHO's experience level:

1. Assign up to four additional technical courses during the initial three year period of a CSHO's training program. This is in addition to the required OTI courses outlined in this instruction.

2. Provide guidance and assistance to Supervisors concerning information contained in this instruction as well as MOSH training policies and procedures.

3. Review waiver requests per section VI.B. and requests for time extensions per section VII Present valid requests to the Assistant Commissioner for approval.

D. Regional Supervisors. The Regional Supervisor directs the planning and execution of the Region's training and education program or designates a Regional Training Officer to do so. The Regional Supervisor is also responsible for making CSHO III, IV, and Specialists available to participate in the planning, development, and execution of CSHO training classes and programs. The Regional Supervisor or Regional Training Officer shall serve as a focal point for each region, and ensure the successful implementation of the training program for regional compliance personnel as outlined in this instruction. Specifically the Regional Supervisor or Regional Training Officer shall:

1. Implement the Regional training and education program.

2. Ensure the professional development of CSHOs under his/her supervision in accordance with the detailed training options outlined in this instruction and Appendices.

3. Identify and document through an Individual Development Plan (IDP) process the training needs of CSHOs assigned to his/her supervision, and plan and coordinate all training.

4. Provide and coordinate instruction, assistance, and guidance that is consistent with the IDP process for CSHOs to meet the training program objectives outlined in this instruction.

5. Review and discuss training progress with each CSHO under his/her supervision during the mid-year and annual performance reviews.

6. Assign, as needed, experienced personnel to assist in the on-the-job training of newly-hired CSHOs.

7. Evaluate and monitor all records of training.

8. Document CSHO abilities and send waiver requests per section VI and requests for time extensions per section VII to the Assistant Chief(s).

E. Compliance Safety and Health Officer (CSHO). The CSHO has the responsibility to perform to the best of his/her ability in all training programs. Specifically, the CSHO shall:

1. Discuss his/her performance and training progress with their supervisors.

2. Participate in the planning of training activities.

3. Fully attend, participate in, and complete all assigned training courses, seminars and other events.

V. Professional Development during the CSHO's First Three Years.

A. Required Training. In the interest of state wide consistency, it is expected that CSHOs will attend the required courses outlined in this instruction offered by MOSH and OSHA Training Institute. The information provided in this section is intended to assist the Assistant Commissioner in determining equivalency when issuing waivers. The Directorate of Training and Education Intranet page offers up-to-date information on course objectives, whether a course is blended, or has specific prerequisites.

B. Blended Courses. Blended courses include at least one online, web-based training requirement plus an instructor-led portion. Whenever a course prerequisite includes an online, blended session, that web-based training must be completed prior to attending the instructor-led session. There is no waiver process or equivalent to completing the online prerequisite of a MOSH or an OTI course. This strict requirement is due to the close link between the training offered online and the subsequent classroom (i.e., instructor-led) training which is designed specifically to complement one another.

C. Course Sequence. Both the Initial Compliance course or State equivalent and a Standards course or State equivalent must be completed in year one of the CSHO's training path. It is recommended that courses listed as third through eighth should be completed in a sequence optimal to attaining professional development goals and at the discretion of the Regional Supervisor.

1. #1000 Initial Compliance or State equivalent. This course is designed for newly hired CSHOs and focuses on the basic elements of conducting inspections in accordance with current OSHA and MOSH policy. Also emphasized is the importance of personal conduct and professional development. Role-play is used to allow students to practice how to conduct an opening conference. The course ensures that participants have the fundamentals of information gathering to document the prima facie elements in a case file. During a mock inspection, participants work in teams to investigate and document the validity of alleged complaint items. At the conclusion of this course, the student will be able to identify CSHO responsibilities related to conducting an inspection as well as promoting, assessing and enforcing workplace safety and health compliance.

2. Standards Courses or State equivalent. The purpose of these courses is to provide CSHOs with an introduction to the organization and content of the standards, hazard recognition, and documentation of identified hazards.

a. State Equivalent to #1050 Introduction to Safety Standards for Safety Officers and #2000 Construction. This course is designed specifically for safety officers and emphasizes a wide range of safety hazards covered by 29 CFR 1910 and 1926. During the course, students observe staged hazardous conditions where they will evaluate, document, select and apply standards and recommend corrective actions. The CSHO will become acquainted with how the building process proceeds from site clearing to building finishing. Corresponding subparts of 29 CFR 1926 are presented in conjunction with the building process. The course features a field trip to a construction site to emphasize and reinforce learning. At the conclusion of the course, the student will be able to apply inspection techniques, basic safety hazards recognition and abatement for general industry and construction inspections.

b. #1250 Introduction to Health Standards for Industrial Hygienists or State equivalent. This course is designed specifically for industrial hygienists and emphasizes recognition, evaluation and control of a wide range of health hazards covered by 29 CFR 1910 and substance-specific standards in 29 CFR 1926. The featured practicum in this course includes analysis of the health hazards in a foundry. At the conclusion of this course, the student will be able to employ basic health hazard recognition; apply inspection sampling and instrumentation techniques and related OSHA policies; and, identify abatement methods.

3. #1310 Investigative Interviewing Techniques or State equivalent. This course is intended to serve as a practical interviewing guide for MOSH compliance personnel. A major component of this course includes role-play using scenarios that provide the opportunity for students to practice interviewing skills. The course emphasizes developing a plan for gathering the necessary facts, characteristics of good questioning techniques, active listening, and cross-cultural communication.

4. #1410 Inspection Techniques and Legal Aspects or State equivalent. This course introduces the student to inspection techniques related to MOSH compliance activity and to the associated formal requirements and processes of the legal system. Emphasis is placed on documenting a legally sufficient case file. The course includes the essential elements of conducting walkaround inspections and interviews, and analyzing, organizing and documenting information related to inspections and investigations. Students develop a sample legally defensible case file and participate in a mock trial as the culminating learning experience. This course cannot be waived as per Section VI.

5. #2450 Evaluation of Safety and Health Management Systems or State equivalent. This course emphasizes applying the principles of Safety and Health Management Systems (SHMSs) using OSHA guidelines and policies. Upon completion, the students will be able to evaluate the effectiveness of an employer's SHMS. A focus on recordkeeping requirements assists the CSHO in identifying system deficiencies between applicable safety and health elements and illness and injury reduction. Using active training techniques, students are guided to promote the value of an effective program that contributes to reducing illness and injury.

6. #1230 Accident Investigation or State equivalent. This course covers the key elements that are essential to conducting successful accident investigations. Major topics include investigation planning, documenting the scene, collecting facts through interviewing, failure analysis and analytical tools, collecting and analyzing physical evidence, and control strategies. Using a case file and interactive class workshops, students work in teams to gather and analyze evidence to develop facts, findings and conclusions.

7. Multi-Disciplinary Courses.

a. #1280 Safety Hazard Awareness for Industrial Hygienists or State equivalent. This course provides industrial hygienists with the knowledge and skills to become aware of selected safety hazards related to common worksite processes. By the end of the course, students will be able to decide if a referral is appropriate in accordance with OSHA's occupational safety standards and guidelines.

b. #1080 Health Hazard Awareness for Safety Officers or State equivalent. This course equips safety specialists with the skills to recognize health hazards while conducting workplace inspections and investigations. During the course, students participate in laboratories where they use detector tube pumps to screen for potential air contaminants and sound level meters to screen for noise hazards. By the end of the course, students will be able to decide if a referral is appropriate in accordance with OSHA's occupational health standards and guidelines.

8. FEMA ICS-100 and ICS-200 online courses. These NIMS courses are located on FEMA's Emergency Management Institute Independent Study Program Internet website. The current title for ICS-100 is IS-100, Introduction to Incident Command System I-100 and the current title for ICS-200 is IS-200, ICS for Single Resources and Initial Action Incidents. When responding to an identified incident, the CSHO will be able to operate efficiently within the parameters of an Incident Command System (ICS).

VI. Waiver from Required Training Program.

A. Waiver Conditions. The training program outlined in this instruction is required to be completed during the first three years of a CSHO's career. The Assistant Commissioner has discretion to waive any of the required courses listed, with the exception of the #1410 Inspection Techniques and Legal Aspects course. Waivers shall be used rarely and shall be granted only in exceptional circumstances.

B. Assessment and Documentation. The Regional Supervisor must assess and document that the CSHO has demonstrated that he/she can perform the tasks listed in the course objectives for the course being waived. After an assessment has been made, waiver requests shall be submitted in writing by the Regional Supervisor to the Assistant Chief(s), who shall present the request to the Assistant Commissioner. The waiver request will document why the CSHO does not need to attend the specified course. The documentation will include how the CSHO has acquired the levels of knowledge, skills and abilities reflected in the objectives of the course for which the waiver is being requested. Not only must equivalent technical knowledge and skills be documented and confirmed through a comprehensive exam with a total score of at least 90% to be given by a CSHO Training and Education Coordinator, but the documentation shall also indicate that the CSHO has institutional understanding of MOSH specific policies and procedures. For example, criteria may include experience as a former compliance officer with Federal OSHA, another OSHA State Plan State or as a former 21(d) OSHA consultant.

C. Waiver Requests. Only the Assistant Commissioner can grant a waiver. The Assistant Commissioner shall respond to waiver requests in writing. Copies of responses approving waiver requests shall be provided to the CSHO Training and Education Coordinators, the Assistant Chief(s), and the Regional Supervisor.

D. Training Record Annotated. The CSHO Training and Education Coordinators shall annotate the CSHO's training record to reflect required courses waived by the Assistant Commissioner.

VII. Time Extensions. The time requirements for completing the training shown in this instruction must be met. Only the Assistant Commissioner can grant a time extension, which must be based on extenuating circumstances. The time allowed to complete the eight required courses should also allow insertion of technical courses throughout the three-year period. Technical courses may be taken at any time during the three-year period after the CSHO has completed both the State equivalent to #1000 Initial Compliance and one of the state equivalents to the standards courses.

A. Time Extension Conditions. If there are circumstances that prevent the CSHO from completing the required courses within the three-year period, the Assistant Commissioner can extend the time for completion of the required courses for a period of up to one year. Time extensions may not exceed twelve months. The use of time extensions could extend the time allowed for a CSHO to complete the eight required courses to a maximum of four years from his/her employment date.

B. Time Extension Requests. Time extensions shall be submitted in writing by the Regional Supervisor to the Assistant Chief(s) who shall present the requests to the Assistant Commissioner. Time extension requests include the reason(s) additional time is needed by the CSHO to complete the required training, the amount of time requested and the course(s) that will be completed during the requested time extension.

C. Time Extension Approvals. The Assistant Commissioner shall respond to the time extension request in writing. Copies of the response approving a time extension request shall be provided to the CSHO Training and Education Coordinators, the Assistant Chief(s), and the Regional Supervisor.

D. Training Record Annotated. The CSHO Training and Education Coordinators shall annotate the CSHO's training record to reflect the extension of time.

VIII. Monitoring the Training Program. Monitoring the CSHO's progress through the first three-year period is critical to ensure the success of the training program. Monitoring provides information regarding the benefits and effectiveness of the training received. In addition, it provides information on the ability of the CSHO to achieve training goals and objectives. The CSHO's Supervisor and/or the Regional Training Officer play major roles in the monitoring process.

A. The Regional Supervisor. The CSHO's Supervisor shall:

1. Ensure that each CSHO has completed the necessary prerequisites before attending mandatory OSHA training courses.

2. Review the CSHO's performance of recommended self-study and on-the-job training (OJT) assignments.

3. Conduct a review with the CSHO following each recommended self-study and OJT inspection activity. This review provides the supervisor with information on the progress of the CSHO and can assist in identifying areas requiring further training.

4. Determine when the CSHO has sufficient experience to participate fully in developing the actual case file; the OJT review may be discontinued when this has been effectively accomplished.

IX. Continuation of CSHO Development.

A. Professional Standing, Recognition and Professional Certification. The series of courses listed for the CSHO's first three years provide a foundation for proficiency. Those CSHOs who choose to work toward a high level of knowledge and skill are encouraged to continue to attend technical courses at the OTI and equivalent sources. While professional certification is an important career milestone, it is not the only path to gaining professional standing or recognition. CSHOs that complete new, complex or difficult assignments expand their capabilities and broaden their role as a safety and health professional inside and outside the Agency.

B. Role of Individual Development Plans. An Individual Development Plan (IDP) is an active plan to help the CSHO achieve organizational and career goals. IDPs must be updated annually and serve as a tool to provide documentation for each CSHO to chart and monitor his/her own progress toward developmental goals. An IDP can help a CSHO:

1. Achieve and enhance the level of knowledge and skills required to achieve the functional competencies of a CSHO.

2. Build expertise as a MOSH safety and health professional.

3. Continue professional development throughout his/her career.

C. IDPs for the Initial Three-Year Period. Appendices A and B serve as guidelines for supervisors to select appropriate training outlined by this instruction during the first three years. The IDP should reflect:

1. Mandatory training required during the three-year period as outlined in this instruction.

2. Other developmental training as determined by the CSHO's Regional Supervisor. For example:

a. Supplemental training at the Regional Office level that includes formal and/or informal mentoring by higher graded personnel and/or CSHO's with specialized experience.

b. Participation in various classes of inspections and a variety of industries and worksites.

D. IDPs Developed after the Three-Year Period.

1. The IDP should follow the guidance outlined in this training policy.

2. An IDP helps the CSHO continue to improve his/her present performance and prepare him/her for more responsible work in accordance with his/her potential and interests, and the needs of the Agency.

3. At a minimum, each CSHO is required to attend a safety and health related course once every three years.

X. Evaluation. An overall evaluation of the training program for MOSH compliance personnel effectiveness will be conducted by the Chief of Compliance or designee.

A. Established evaluation processes and criteria include:

1. An annual review of the relationship between MOSH and OTI training programs and the level of CSHO competency at various points in the CSHO's career.

2. Course evaluation surveys at the end of each instructor led class. This information provides valuable feedback from the student's perspective to determine the perceived value and impact of instruction. It also serves as a basis for proposing changes to course objectives, course content and presentation methods.

Appendix A. OSHA Training Institute Career Path for CSHOs
Appendix B. Checklists

Roger Campbell, Assistant Commissioner, MOSH

 

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings

 
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