A. MOSH's Programmed Inspection Programs.
MOSH's Site-Specific Targeting (SST) program is MOSH's main programmed inspection plan for
non-construction workplaces that have 40 or more employees. The SST plan is based on the data
received from the prior year's OSHA Data Initiative survey. The Data Initiative survey and the SST
program help MOSH achieve its goal of reducing the number of injuries and illnesses that occur at
individual workplaces by directing enforcement resources to those workplaces where the highest rate
of injuries and illness have occurred.
In addition, MOSH implements "emphasis" inspection programs to target high-risk hazards and
B. Creating the SST 2010 Inspection Lists.
By applying industry and establishment-size criteria, OSHA focuses its data collection towards
establishments that are most likely to be experiencing elevated rates and numbers of occupational
injuries and illnesses. Specifically, OSHA collects injury and illness data through the Data
Initiative survey from larger establishments (40 or more employees) in historically high-rate
industries. Application of these size and industry criteria narrows the number of establishments
throughout the State from over 154,000 to approximately 223.
NOTE: The 2008 injury and illness data that was collected by the
2009 Data Initiative is used in the 2010 Site-Specific Targeting program.
C. SIC and NAICS Codes.
The Standard Industrial Classification (SIC) codes as well as the North American Industry
Classification System (NAICS) codes are referenced in this Instruction. Eventually the NAICS codes
will replace the SIC codes, but during the years of the transition, one or the other, and sometimes
both, will be used.
Beginning with calendar year 2003, injury and illness data published by the Bureau of Labor
Statistics (BLS) uses the NAICS codes. BLS data referenced in this Instruction uses NAICS codes.
Coverage of OSHA's injury and illness recordkeeping rule (29 CFR Part 1904) is defined by SIC in
§1904.2. In turn, the OSHA Data Initiative survey is based on the coverage of the recordkeeping rule.
This is why Appendix A of this Instruction uses SIC codes. Until OSHA amends the coverage of its
recordkeeping rule to reflect data published under the NAICS coding system, this Instruction will use
both the NAICS and SIC codes.
Whenever possible, both the SIC and NAICS codes for individual establishments will be supplied to
the Regional Offices.
A. Comprehensive Inspection.
A comprehensive inspection is a substantially complete and thorough inspection of all potentially
hazardous areas of the establishment. An inspection may be deemed comprehensive even though, as a
result of the exercise of professional judgment, not all potentially hazardous conditions or
practices within those areas are inspected.
B. Data Initiative.
The Data Initiative is a nationwide collection of establishment-specific injury and illness data
from approximately 80,000 establishments. It collects data from establishments by using the "OSHA
Work-Related Injury and Illness Data Collection Form." The Data Initiative is OSHA's Annual Survey
that is referred to in 29 CFR §1904.41.
C. Days Away, Restricted, or Transferred (DART) Rate.
The DART rate includes cases involving days away from work, restricted work activity, and
transfers to another job. It is calculated based on (N EH) x (200,000) where N is the number of cases
involving days away and/or restricted work activity, and/or job transfers; EH is the total number of
hours worked by all employees during the calendar year; and 200,000 is the base number of hours
worked for 100 full-time equivalent employees.
For example: Employees of an establishment, including management, temporary, and leased
employees, worked 645,089 hours at the workplace. There were 22 injury and illness cases involving
days away and/or restricted work activity and/or job transfer from the OSHA-300 Log (total of column
H plus column I). The DART rate would be (22 645,089) x (200,000) = 6.8.
D. Days Away from Work Injury and Illness (DAFWII) Case Rate.
The DAFWII case rate is the number of cases that involve days away from work per 100 full-time
equivalent employees. Cases that involve only temporary transfers to another job or restricted work
are not included. It is calculated based on (N EH) x (200,000) where N is the number of cases
involving days away from work; EH is the total number of hours worked by all employees during the
calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees.
NOTE: The DART and DAFWII rates are differentiated by the makeup of N in the calculation formula.
For the DAFWII rate, N is equal to the total of Column H from the OSHA-300 Log.
For example, from the OSHA-300 Log: Employees of an establishment, including management,
temporary, and leased employees, worked 452,680 hours at the workplace. There were 25 injury and
illness cases involving days away from work from the OSHA-300 Log (total of column H). The DAFWII
case rate would be (25 ÷ 452,680) x (200,000) = 11.0.
An establishment is a single physical location where business is conducted or where services or
industrial operations are performed. For activities where employees do not work at a single physical
location, such as transportation, communications, electric, gas, sanitary services, and similar
operations, the establishment is represented by main or branch offices, terminals, stations, etc.,
that either supervise such activities or are the base from which personnel carry out these
activities. For a more detailed definition of "Establishment," see 29 CFR 1904.46. For purposes of
this Instruction, the term "Establishment" does not include construction worksites.
In this Instruction, "Partnership" refers only to those agreements in which establishments
participate in an MOSH Cooperative Compliance Partnership (CCP) for which there is a signed
III. Description of the Site-Specific Targeting 2010 (SST-10) Plan.
A. Primary Inspection List.
1. Selection Criteria
The SST-10 plan selects for inspection individual establishments identified through the 2009 Data
Initiative survey. For comparison purposes, the national DART rate for private industry for 2008 was
2.0, and the DAFWII case rate was 1.1.
The SST-10 plan initially selects for inspection all establishments with a DART rate at or
above 11.0, or a DAFWII case rate at or above 9.0 (only one of these criteria must be met) for the
Primary List. This is approximately 23 sites.
Nursing and Personal Care Facilities.
Due to the MOSH Nursing Home Outreach currently underway all Nursing Home establishments on the
Primary and Secondary ODI Lists that are NOT denoted as Non-Responders will be removed from this
inspection scheduling (for purposes of this Instruction only).
2. Low-Rate Establishments in High-Rate Industries.
In past years the SST included some inspections of low-rate establishments in high-rate industries
to verify the reliability of claims by establishments that they had achieved low DART rates. These
inspections will not be included in the SST this year because OSHA implemented OSHA Notice 09-08
(CPL 02), Injury and Illness Recordkeeping National Emphasis Program (RK NEP) to accomplish this
objective. The NEP established a program and procedures to be used to verify the accuracy of the OSHA
Form 300 for selected low-rate establishments in high-rate industries.
2009 OSHA Data Survey Non-Responders.
All establishments that did not provide rate information in accordance with the 2009 OSHA Data
Initiative survey by May, 2010, have been added to the Primary Inspection List. Inclusion of
non-responders is intended to discourage employers from not responding to the Data Initiative in
order to avoid inspection. The establishments selected will be identified on the Regional Offices'
inspection lists by one asterisks (*) and will not be deleted from the list.
If the company has gone out of business, moved, changed name, etc., the Office of Statistical
Analysis (OSA) must be notified so that the information can be updated for the next ODI survey. Steve
Bisson by e-mail at BissonS@states.bls.gov,
or by telephone at 410-527-4499.
If it is found that an establishment consists of only an office, see paragraph III.G,
B. Secondary Inspection List.
1. Selection Criteria
If a Regional Office completes its inspections of all establishments on its Primary
Inspection List before the expiration of this SST program, it may obtain additional establishments
from its Secondary Inspection List.
The Secondary Inspection List will contain establishments reporting DART rates of 7.0 or greater
but less than 11.0, or a DAFWII case rate of 5.0 or greater but less than 9.0. Only one of these
criteria must be met. These establishments will be inspected using the procedures in this instruction.
Special Emphasis programs may run concurrently with Secondary Inspection List.
Nursing and Personal Care Facilities
See Primary Inspection List
C. Establishments with Fewer than 40 Employees.
If an establishment to be inspected under the SST-10 plan has fewer than 40 employees at the time
the CSHO arrives on site to begin the inspection, the inspection will still be conducted, provided
that the establishment has more than 10 employees. If the establishment has had 10 or fewer employees
at all times during the previous twelve months at the time of inspection, the CSHO will not conduct
an SST inspection.
D. Industries without Permanent Workplaces.
For industries like SIC 0783, Ornamental Shrub and Tree Services, which do not have permanent
workplaces, the establishment list will normally, only identify the employer's central office. The
Area Office will, so far as possible, determine (e.g., by visiting the central office) which
worksites are available based on the type of work scheduled for each worksite and the length of time
remaining to complete the worksites, and then choose one worksite to inspect by using a random number
table. This will apply to such establishments on all SST inspection lists.
E. Different Address than on ODI Data Sheet.
The ODI data sheet may show an address for an establishment that does not match the named
establishment in a Regional Office's jurisdiction. The ODI address may be that of the employer's
administrative office or some other facility with a different economic activity, or even the home
address of the person completing the ODI survey. This may also occur when the establishment changes
physical location - moves across the street or to the neighboring town - after it has submitted its
Whenever the address on the ODI data sheet differs from that of the establishment in the Regional
Office's jurisdictional area, it must be checked to determine that the ODI survey data relates to the
same establishment. If injury and illness data from the ODI data sheet pertains to the establishment
site in the Regional Office's jurisdiction, then it will be inspected. If such an address discrepancy
is found, then the Chief of Compliance or designee and the Office of Statistical Analysis must be
informed (Steve Bisson by e-mail at BissonS@states.bls.gov,
or by telephone at 410-767-2356). so that its records can be corrected. The Chief of Compliance or
designee will transfer the establishment to the proper Regional Office's inspection list, if
appropriate. See also paragraph III.G, Office-Only Sites.
F. Two or More Establishments in ODI Data.
Whenever injury and illness data for two or more establishments of the same employer are included
in the same ODI data sheet, and the employer is unable to separate the establishment-specific
injury and illness data for each establishment within a reasonable amount of time, inspections of all
the establishments will be conducted.
2. Recordkeeping Rule.
The recordkeeping regulation at §1904.40(a) states that once a request is made, an employer must
provide the required recordkeeping records within four (4) business hours.
Although the employer has four hours to provide recordkeeping records, there is no requirement
that compliance officers must wait until the records are provided before beginning the walk around
portion of the inspection. As soon as the opening conference is completed, the compliance officers
are to begin the walk around portion of the inspection.
3. Contact Office of Statistical Analysis (OSA)
If any of the establishments are not within the Regional Office's jurisdiction, contact the Chief
of Compliance or designee, so the establishment(s) can be moved to the correct Regional Office's
inspection list. If one of the establishments is an Office-Only site, see paragraph III.G.
G. Office-Only Sites.
The SST is not intended to include establishments that are only offices. Therefore, if a CSHO
arrives at an establishment and discovers that there is only an office at the site, the CSHO should
attempt to determine for what site or sites the OSHA Data Initiative (ODI) survey data was entered.
If the ODI data includes data for a site (or sites) in addition to an office, then an inspection
of that site (at least one of several sites) will be conducted if it is within the Regional Office's
jurisdiction. If the site(s) is not within the Regional Office's jurisdiction, contact the Chief of
Compliance, or designee so the establishment can be moved to the correct Regional Office's inspection
NOTE: Recordkeeping rule §1904.30 requires an employer to keep a separate OSHA-300 Log for each
establishment that is expected to be in operation for one year or longer.
The Chief of Compliance, or designee, will provide each Regional Office with the Primary and
Secondary Inspection Lists for its covering area.
A. Maintaining Inspection Lists/Cycles and Documentation.
The Regional Supervisor is responsible for maintaining documentation necessary to demonstrate that
the SST inspection lists and cycles have been properly utilized in accordance with the requirements
of this Instruction, including adequate documentation on all deletions, deferrals or other
modifications (modifications such as rationale for inspections to be expanded to cover health hazards
based either (a) on the prior inspection history of the establishment, or (b) on current knowledge
concerning the industry in which an establishment is classified). All such inspection lists, cycles
and documentation must be maintained in the Regional Office for a period of three years after all the
inspections conducted under this SST plan are closed.
B. Cycle Size.
Inspection cycles for the randomly ordered Primary and Secondary Inspection Lists for each county
will be distributed by the Chief of Compliance, or designee. Regional Offices will base their
determination of cycle size (i.e., 5 to 50 establishments) on considerations of available resources
and geographic range of the office. Larger cycle sizes will allow greater flexibility and efficiency
of scheduling, but once begun, the cycle must be completed. If a cycle larger than 50 would provide
the Regional Office with more efficient use of staff, the office will request approval for a larger
cycle size from the Chief of Compliance.
All of the establishments in a cycle must be inspected (that is, the inspection must be initiated)
before any establishments in a new cycle may be inspected. In addition, any cycle begun but not yet
completed by the expiration date of this Instruction must be completed, even if the inspections for
the remaining establishments in the cycle are initiated after the expiration date.
1. MOSH On-Site Consultation 90 Day-Deferral
a. An establishment that has requested an initial full-service comprehensive consultation visit
for safety and health from the MOSH Consultation Program, may be deferred from the SST
inspection for 90 calendar days from the date of notification by the State Consultation Program to
the Regional Office, providing that the visit has been scheduled by the State Consultation Program.
b. "In Progress" Deferral. No extension of the deferral beyond the 90 calendar days is
possible unless the consultation visit is "in progress," which begins at the opening conference of
the consultation visit. If an establishment currently has a Consultation visit "in progress," that
site shall receive a deferral for all hazards covered by the Consultation visit. Such deferral will
continue from the beginning of the opening conference through the end of the correction due dates and
any extensions thereof. See 29 CFR 1908.7(b)(1) for a definition of an on-site consultation visit
2. VPP Applicant.
If an establishment is in the process of applying for OSHA's Voluntary Protection Program (VPP),
the Chief of Compliance, or designee, upon receiving notification from the VPP manager that a VPP
on-site review has been scheduled, will defer any programmed inspection. The applicant workplace will
be deferred starting no more than 75 calendar days prior to the commencement of its scheduled
pre-approval on-site review. The applicant workplace will be removed from any programmed
inspection list for the duration of VPP participation, unless the site chooses otherwise.
If an establishment is in pre-SHARP status, that is, in the process of meeting the criteria of an
MOSH Consultation Safety and Health Achievement Recognition Program (SHARP), it may be deferred for
up to 18 months while the employer is working to achieve recognition and exemption status. See 29
D. Inspection Priority.
Normally, the first inspection priority for Regional Offices is to conduct un-programmed
inspections, and the inspection priorities as described in the FOM with the following guidance:
1. Regional Offices that have started but not completed a cycle of inspections from the SST-09
plan must normally complete that cycle before moving to inspections under the SST-10 plan.
2. All establishments on the SST-10 Primary Inspection List must be inspected unless, in view of
resource considerations, such as agency emphasis programs, the Chief of Compliance authorizes
the Regional Supervisor to conduct a smaller number of inspections. Such authorization will normally
require the Regional Office to complete all inspections in the current cycle.
3. The Secondary List does not have to be completed before the expiration date of this Instruction.
4. Regional Offices will continue to conduct other programmed inspections under national emphasis
programs, or under regional/local emphasis/initiative programs, as the Regional Office and Regional
Regional Offices will be responsible for making appropriate deletions, as stated below, from the
inspection cycle. In addition, deletions will also include those establishments, such as those no
longer in business.
Deletion criteria for Previous Inspections, VPP, or SHARP establishments may be applied to
establishments either prior to creating a cycle or after a cycle is created. However, deletion
criteria for Partnership establishments must be applied after a cycle is created.
* Because Partnership establishments have not met the same rigorous safety and health requirements
of VPP and SHARP establishments, they are not to be deleted until the cycle is created.
A. Previous Inspections.
Establishments will be deleted from the inspection list if, within 36 months of the current
calendar year, establishment received a comprehensive safety inspection.
The comprehensive safety inspection need not have been initiated by an SST inspection.
For deletion purposes, the date when an establishment is considered to have received a
comprehensive safety inspection will be the opening conference date not the closing
conference date or the citation issuance date. For example, if the opening conference
date occurred within the previous 36 months of the current calendar year, the establishment will be
deleted from the list for SST-10 inspections.
If the inspection is a "joint inspection," conducted by both a safety CSHO and a health CSHO,
there will be two OSHA-1s. The two CSHOs may hold joint or separate opening conferences. Therefore,
there may be one opening date for the safety inspection and a different opening date for the health
inspection for the same employer under the same SST inspection plan. If the inspection is conducted
by a cross-trained CSHO, there will be one OSHA-1 and one opening conference date.
B. VPP, CCP, or SHARP.
1. If an establishment is an approved participant in OSHA's Voluntary Protection Programs (VPP),
in MOSH Consultation's Safety and Health Achievement Recognition Program (SHARP), or Cooperative
Compliance Partnership (CCP) program it is to be deleted from the inspection lists.
See paragraph III.G as to when an establishment is to be deleted if the establishment injury and
illness data is only for an office.
VI. Inspection Procedures.
1. Inspections under SST-10.
Inspections conducted under this plan will be comprehensive safety inspections.
Health inspections under this plan will be limited to:
(a) CSHO referrals (i.e., when a CSHO on site sees a potential health hazard); or
(b) Inspections expanded by the Regional Supervisor based on prior inspection history of the
NOTE: The above health inspections conducted in accordance with this Instruction are also to be
coded as an SST-10 inspection. See Recording and Tracking paragraphs VIII.A. and B.
2. Health Inspections.
When a Regional Supervisor orders an SST inspection to be expanded to cover health hazards at a
particular establishment based on the prior inspection history of the employer, the Regional
Supervisor must fully explain and document his/her rationale for the expanded inspection.
In assessing prior inspection history, the Regional Supervisor will consider the employer's MOSH
inspection/violation history maintained in OSHA's Integrated Management Information System (IMIS) for
the period three years prior to the current calendar year. The Regional Supervisor will consider the
potential that similar hazards may be present.
Inspections will be conducted in accordance with the procedures described in the
FOM and in other pertinent policy and procedure documents.
Documentation is necessary to describe the rationale for expanding the SST inspection to include
health hazards/issues. This is to ensure that the expansion was based on objective and neutral
Documentation specific to a particular case file is to be maintained in the case file (i.e., on
the OSHA-1 narrative or as a separate memorandum). Since this documentation also describes a
modification to the SST inspection scope, it must also be maintained along with the inspection lists.
See paragraph IV.A., Maintaining Inspection Lists/Cycles and Documentation.
3. Both Safety and Health Inspection Conducted.
If both a safety and health inspection are conducted, such inspections may be conducted either as
one combined safety and health inspection by a cross-trained CSHO (as established through specific
training or demonstrated ability), or as separate safety and health inspections, or as joint safety
and health inspections. See also last paragraph of XIII.A.
When an SST inspection is assigned to a cross-trained Industrial Hygienist (IH), the inspection
(comprehensive safety) is counted as a health inspection. If the crossed-trained IH is asked by the
regional supervisor to do a health inspection at an SST site, the inspection is also counted as a
health inspection. In addition, if the cross-trained IH does both a combined safety
and health inspection at an SST site, it is counted as a health inspection because IMIS can
only count an inspection as either "Health" or "Safety," but not both.
Violations will be cited and penalties proposed in accordance with the FOM and other pertinent
policy and procedure documents.
C. Recordkeeping Violations.
Whenever OSHA recordkeeping violations are identified, appropriate citations and penalties will be
proposed, and supporting documentation will be provided, in accordance with policies and procedures
in the FOM.
If the establishment has changed ownership after December 31, 2008, but is essentially the same
establishment (i.e., same equipment, processes, services, or industrial operations) the inspection
VII. Relationship to Other Programs.
A. Un-programmed Inspections.
Un-programmed inspections will be conducted according to MOSH's
Field Operations Manual (FOM) or other pertinent policy and procedure documents. If the
occasion for an un-programmed (e.g., complaint, fatality) inspection arises with respect to an
establishment that is also in the current inspection cycle to receive a programmed inspection under
the SST-10 plan, the two inspections may be conducted either concurrently or separately. See
paragraph VIII.B., of this Instruction.
B. Emphasis Programs.
An establishment that is on the Primary List may be moved to the current inspection cycle if it is
also on any Emphasis Program inspection list (that is, any Special, National, Regional or Local
Emphasis Program). If a Regional Office has finished their Primary List and is working off its
Secondary List, the establishment can be added to the current cycle of their Secondary List. Contact
the Chief of Compliance, or designee, to have the establishment placed in the current SST cycle.
Some establishments may be selected for inspection under the SST-10 plan and also under one or
more other MOSH or OSHA initiatives (Emphasis Programs). Programs based upon specific hazards (such
as amputations, combustible dust, crystalline silica, lead, or trenching/excavations) or specific
industries (such as logging,) can be run concurrently with the SST-10 plan.
Whenever an establishment is scheduled for inspection on the current cycle of the SST-10 plan and
on the current cycle of an Emphasis Program, both inspections may be scheduled at the same time.
CSHOs will apply all applicable IMIS codes (i.e., NEP, LEP, Strategic, Optional Information) to the
inspection. See paragraph VIII.B., Recording & Tracking - SST Combined with Emphasis Program
Inspections, of this Instruction.
C. Process Safety Management Inspections.
Inspections conducted under the SST plan will address process safety management where 29 CFR
1910.119 applies to the establishment being inspected. Such inspections must be a comprehensive
safety inspection. However, they will not normally be Program-Quality-Verification (PQV) inspections
as defined by OSHA Instruction CPL
02-02-045, Process Safety Management of Highly Hazardous Chemicals -- Compliance Guidelines
and Enforcement Procedures.
VIII. Recording and Tracking.
A. SST-Only Inspections.
The OSHA-1 Form must be marked as "programmed planned" in Item 24. In addition, the "NEP" box is
to be checked and the value "SSTARG10" recorded in Item 25d (the SST inspections are
being coded under the NEP for ease of tracking).
NOTE: Any health inspections conducted in accordance with this Instruction as mentioned in
paragraph XIV.A.1., Inspection Procedures - Scope, are also to be coded as SST inspections.
See also, NOTE for paragraph XVI.B., below.
B. SST Combined with Un-programmed Inspections.
For all un-programmed inspections conducted in conjunction with an SST inspection, the OSHA-1 Form
must be marked as "un-programmed" in Item 24 with the appropriate un-programmed activity identified.
In addition, the "NEP" box is to be checked and the value "SSTARG10" recorded in Item 25d.
NOTE: Health inspections that are referrals as mentioned in paragraph XIV.A.1.,
Inspection Procedures - Scope, are "un-programmed." However, these inspections are also to be
coded as SST inspections; the SST codes (e.g., SSTARG09) will not be rejected.
C. SST Combined with Emphasis Program Inspections.
For all Emphasis program inspections such as NEPs or LEPs conducted in conjunction with an SST
inspection, the OSHA-1 Forms must be marked as "programmed planned" in Item 24. In addition, the
"NEP" box is to be checked and the value "SSTARG10" recorded in Item 25d along with
all NEP and LEP IMIS codes applicable to the inspection.
D. SST Combined with Un-programmed and Other Programmed Inspections.
If an SST inspection is combined with an un-programmed (e.g., complaint) inspection and a
programmed inspection, such as an NEP or LEP, Item 24 of the OSHA-1 Form must be marked
E. Strategic Management Plan.
Enter all applicable Strategic Management Plan hazard/industry codes in Item 25f of the Strategic
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings