- MOSH’s Programmed Inspection Programs
MOSH's Site-Specific Targeting (SST) program is
MOSH's main programmed inspection plan for
non-construction workplaces. 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 industries.
- Creating the SST 2011 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
(20 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 764.
NOTE: The 2009 injury and illness data
that was collected by the 2010 Data Initiative is used
in the 2011 Site-Specific Targeting program.
- 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
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.
- 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.
- 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.
- 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.
- Days Away from Work Injury and Illness (DAFWII) Case
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
tempor¬ary 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
calcula¬tion 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 a MOSH Cooperative Compliance Partnership
(CCP) for which there is a signed partnership agreement.
III. Description of the Site-Specific Targeting 2012 (SST-11) Plan
- Primary Inspection List
- Selection Criteria
The SST-11 plan selects for
inspection individual establishments identified
through the 2010 Data Initiative survey. For
comparison purposes, the national DART rate for
private industry for 2009 was
1.8, and the DAFWII case rate was 1.1.
Low-Rate Establishments in High-Rate Industries
The SST-11 plan initially selects
for inspection all establishments with a DART rate
at or above 7.0, or a DAFWII case rate at or
above 5.0 (only one of these criteria must be met)
for the Primary List. This is approximately 170
Nursing and Personal Care Facilities
Due to the nature of nursing home
injuries and illnesses inspections shall be
conducted as a Safety, Health, or joint inspection
as determined by the Chief of Compliance. In order
to address the unique hazards of the nursing home
industry a combination of outreach, and enforcement
inspections will be utilized. Because of the large
number of establishments in SIC code 805 that
reported high rates in the OSHA Data Initiative
survey, higher DART and DAFWII rates are used to
select a limited number (5 for the SST-11) of the
highest rated establishments in this SIC code.
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 10-07 (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
2010 OSHA Data Survey Non-Responders
All establishments that did not provide
rate information in accordance with the 2009 OSHA
Data Initiative survey by May, 2011, 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
or by telephone at 410-527-4499.
If it is found that an establishment
consists of only an office, see paragraph III.G, Office-Only
Secondary Inspection List
- 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
Industries without Permanent Workplaces
The Secondary Inspection List will
contain establishments reporting DART rates of 5.0
or greater but less than 7.0, or a DAFWII
case rate of 4.0 or greater but less than 5.0. 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
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.
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 ODI data.
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
410-527-4499) 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
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
- 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.
- 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.
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 list.
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.
- 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.
- 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.
- MOSH On-Site Consultation 90 Day-Deferral
- 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.
- "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 "in progress."
- 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.
- 3. Pre-SHARP
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 CFR 1908.7(b)(4)(i)(A).
- 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:
- Regional Offices that have started but not completed
a cycle of inspections from the SST-10 plan must normally
complete that cycle before moving to inspections under
the SST-11 plan.
- All establishments on the SST-11 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
- The Secondary List does not have to be completed
before the expiration date of this Instruction.
- 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 goals dictate.
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.
- Previous Inspections
Establishments will be deleted from the
inspection list if, within 36 months of the current
calendar year, establishment received a comprehensive
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.
- VPP, CPP, or SHARP
- 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
- Inspections under SST-11
Inspections conducted under this plan
will be comprehensive safety inspections.
Health inspections under this plan
will be limited to:
- CSHO referrals (i.e., when a CSHO on site sees a
potential health hazard); or
- Inspections expanded by the Regional Supervisor
based on prior inspection history of the employer.
NOTE: The above health inspections
conducted in accordance with this Instruction are also
to be coded as an SST-11 inspection. See Recording
and Tracking paragraphs VIII.A. and B.
- 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
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
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 criteria.
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
Maintaining Inspection Lists/Cycles and Documentation.
- 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
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
- 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
If the establishment has changed ownership
after December 31, 2009, but is essentially the same
establishment (i.e., same equipment, processes, services,
or industrial operations) the inspection shall continue.
VII. Relationship to Other Programs
- Un-programmed Inspections
Un-programmed inspections will be
conducted according to MOSH's Field Operations Manual
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-11 plan, the two inspections may be conducted either
concurrently or separately. See paragraph VIII.B., of
- 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
Some establishments may be selected for
inspection under the SST-11 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-11
Whenever an establishment is scheduled
for inspection on the current cycle of the SST-11 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
- 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
VIII. Recording and Tracking
- 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 "SSTARG11"
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.
- 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 "SSTARG11"
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., SSTARG11) will not be rejected.
- 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 "SSTARG11"
recorded in Item 25d along with all NEP and LEP IMIS
codes applicable to the inspection.
- SST Combined with Un-programmed and Other Programmed
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
- 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
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