Comment from Howard, Kelly; Cal/OSHA

(Docket No. OSHA-2010-0010) “(1) Other Critical Inspections”: This change conflicts with 1908.7(b)(4): The recognition and exemption program operated by the OSHA consultation projects provide incentives and support to smaller, high-hazard employers to work with their employees to develop, implement, and continuously improve the effectiveness of their workplace safety and health management system. This change is not warranted and would be counterproductive. Part of OSHA’s mandate is to convince employers to cooperatively achieve a safe work place. This change would eliminate a positive incentive for them to do so. To be truly effective, OSHA cannot rely solely on negative/punitive incentives. Should this change go through, it is highly likely that OSHA would not have the staffing resources to inspect ALL industries subject to a particular programmed inspection. That is certainly the case for State-programs such as Cal/OSHA. Given limited resources across the board, it would be more logical to have Enforcement personnel focus on employers that have not requested and received onsite consultation assistance or SHARP recognition. Should this issue still warrant emphasis, consider amending the Consultation SHARP CSP 02-00-002 Chapter 8 with something along the line of “allow both Cal/OSHA Enforcement and Cal/OSHA Consultation onto the applicant's worksite(s) at any time during the application and participation period.” “(2)Referrals.” Not warranted for the same reasons outlined above, and could also be emphasized via amendment of SHARP CSP 02-00-002 Chapter 8.