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Chapter 2 – Program Planning

Click for Chapter 1 – Introductions
Click for Chapter 3 – Inspection Procedures

I. Introduction.

HIOSH’s mission is to assure the safety and health of Hawaii’s working men and women by promulgating and enforcing standards and regulations; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health as well as the development of comprehensive safety and health management systems. Effective and efficient use of resources requires careful, flexible planning. In this way, the overall goal of hazard abatement and employee protection is best served.

II. HIOSH Responsibilities.

A. Providing Assistance to Small Employers.

  1. In Hawaii, more than 95% of businesses are small employers employing less than 100 employees in all facilities. It makes sense, therefore, that HIOSH provides assistance to small employers in order to achieve our mission.
  2. Where resources permit, HIOSH will have in place programs to provide guidance and compliance assistance to small employers.
    1. Safety and Health Conferences:
      HIOSH normally co-sponsors at least one or more safety and health conferences/workshops each year in order to lower the cost of attending for small businesses. Our participation in the planning of these conferences/workshops is geared towards promoting participation by small business — providing them a mix of awareness, technical, and program management training, and ensuring that handouts and resources are readily available.
    2. HIOSH Webpage:
      Specific information of interest to small employers, including links to other websites helpful to small businesses, e.g. OSHA Small Entity Compliance Guidelines, and e-tools.
    3. Telephone Information Line:
      The HIOSH Consultation and Training Branch provides an “Information” telephone number where callers can seek assistance. Although HIOSH is not able to provide same-day service, callers will often receive answers to their inquiries within a week or two.
    4. E-mail Information:
      Anyone can e-mail a question or concern to dlir.hiosh@hawaii.gov. Questions are usually answered within a week or two, as resources permits.

B. HIOSH Outreach Program.

The Administrator will ensure that the division maintains an outreach program appropriate to local conditions and the needs of the service area. The plan may include awareness programs, assistance in developing compliance safety and health management systems, training and education services, referral services, cooperative programs, abatement assistance, and technical services.

C. Responding to Requests for Assistance.

All requests from employers or employees for compliance information or assistance shall receive timely, accurate, and helpful responses from HIOSH. See the section on Information Requests in this chapter for additional information.

III. HIOSH Cooperative Programs Overview.

OSHA offers a number of avenues for businesses and organizations to work cooperatively with the division. Compliance Officers should discuss the various cooperative programs with employers

A. Hawaii Voluntary Protection Program (HVPP).

The Hawaii Voluntary Protection Program (HVPP) is designed to recognize and promote effective safety and health management. A hallmark of HVPP is the principle that management, labor, and HIOSH can work together in pursuit of a safe and healthy workplace. A HVPP participant is an employer that has successfully designed and implemented a health and safety management system at its worksite that exceeds HIOSH requirements, and it is exempt from programmed inspections.

NOTE: See CSP 03-01-003, Voluntary Protection Programs (VPP): Policies and Procedures Manual, dated April 18, 2008, adopted by HIOSH on December 27, 2014 for additional information.

B. On-site HIOSH Consultation & Training Program.

  1. The HIOSH Onsite Consultation Program offers a variety of services at no cost to employers.
    1. These services include assisting in the development and implementation of an effective safety and health management system, identifying hazards at the worksite, and offering training and education to the employer and employees at the worksite. Smaller businesses in high hazard industries or those involved in hazardous operations receive priority.
    2. The Onsite Consultation Program is separate from HIOSH’s enforcement efforts. Under onsite consultation programs, no citations are issued, nor are penalties proposed.
  2. Safety and Health Achievement Recognition Program (SHARP).
    1. Another program that recognizes employers’ efforts to create a safe workplace and exempts them from programmed inspections is the Safety and Health Achievement Recognition Program (SHARP).
    2. SHARP is designed to provide incentives and support those employers that implement and continuously improve effective safety and health management system(s) at their worksite. SHARP participants are exempted from HIOSH programmed inspections.

      NOTE: See CSP 02-00-003, Consultation Policies and Procedures Manual, dated November 19, 2015, adopted by HIOSH on March 1, 2016 for additional information.

C. Strategic Partnerships.

  1. Organizations can enter into Strategic Partnerships with HIOSH to address specific safety and health issues. In these partnerships, HIOSH enters into extended, voluntary, cooperative relationships with groups of employers, employees, and employee representatives sometimes including other stakeholders, and sometimes involving only one employer) in order to encourage, assist, and recognize efforts to eliminate serious hazards and to achieve a high level of employee safety and health.

    NOTE: See CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health, effective February 10, 2005, for additional information.
  2. HIOSH does NOT offer programmed inspection exemption for strategic partnerships. A focused inspection may, however, be included as part of the partnership agreement.
  3. Recognition and appreciation of the efforts of HIOSH’s strategic partners may include one or more of the following:
    • Press releases, website articles;
    • Plaques, Medals, Trophies, Awards and/or pins; and
    • Certificates of Appreciation
      [No Alliance Program]

IV. Enforcement Program Scheduling.

A. General.

  1. HIOSH’s priority system for conducting inspections is designed to allocate available HIOSH resources as effectively as possible to ensure that maximum feasible protection is provided to working men and women. The Administrator will ensure that inspections are scheduled within the framework of this chapter, that they are consistent with the objectives of the division, and that appropriate documentation of scheduling practices is maintained.
  2. The Administrator will also ensure that HIOSH resources are effectively distributed during inspection activities. If an inspection is of a complex nature, the Administrator may consider requesting additional assistance from OSHA, e.g., the Health Response Team. HIOSH will retain control of the inspection.

B. Inspection Priority Criteria

Generally, priority of accomplishment and of assigning staff resources for inspection categories is as shown in Table 2-1 below:

PriorityCategory
FirstImminent Danger
SecondFatality/Catastrophe
ThirdComplaints/Referrals
FourthProgrammed Inspections
  1. Efficient Use of Resources.
    Deviations from this priority list are allowed so long as they are justifiable, lead to the efficient use of resources, and promote effective employee protection.
    An example of such a deviation would be when the division commits a certain percentage of resources to programmed Special Emphasis Program (SEP)
    inspections such as a National Emphasis Program (NEP) or a Local Emphasis Program (LEP). Inspection scheduling deviations must be documented in the
    case file.
  2. Follow-up Inspections.
    In cases where follow-up inspections are necessary, they shall be conducted as promptly as resources permit. In general, follow-up inspections shall take
    priority over all programmed inspections and any un-programmed inspection in which the hazards are anticipated to be other-than-serious.

    NOTE: See Chapter 7, Post-Citation Procedures and Abatement Verification, for additional information.
  3. Monitoring Inspections.
    When a monitoring inspection is necessary, the priority is the same as for a follow-up inspection.

    NOTE: See Chapter 7, Post-Citation Procedures and Abatement Verification, for additional information.
  4. Employer Information Requests.
    Contacts for technical information initiated by employers or their representatives will not trigger an inspection, nor will such employer inquiries protect the requesting employer against inspections conducted pursuant to existing policy, scheduling guidelines and inspection programs established by the division.
  5. Reporting of Imminent Danger, Catastrophe, Fatality, Amputations, Accidents, Referrals or Complaints.
    The Administrator and Branch Managers will act in accordance with established inspection priority procedures.

    NOTE: See Section V. of this chapter, Unprogrammed Activity – Hazard Evaluation and Inspection Scheduling, for additional information.

C. Effect of Contest

If an employer has contested a citation and/or a penalty from a previous inspection at a specific worksite, and the case is still pending before the Hawaii Labor Relations Board, the following guidelines apply to additional inspections of the employer at that worksite:

  1. If the employer has contested the penalty only, the inspection will be scheduled as if there were no contest;
  2. If the employer has contested the citation itself or any items therein, then programmed and un-programmed inspections will be scheduled, but all items under contest will be excluded from the inspection unless a potential imminent danger is involved.

    NOTE: See Paragraph IV.B., Inspection Priority Criteria, of this chapter for additional information.

D. Enforcement Exemptions and Limitations.

  1. In providing funding for HIOSH through OSHA, Congress has consistently placed restrictions on enforcement activities for two categories of employers: small farming operations and small employers in low-hazard industries. Congress may place exemptions and limitations on OSHA activities, which also affects the state’s ability to use federal matching funds, through the annual Appropriations Act.
  2. Before initiating an inspection of an employer in these categories the Branch Manager will evaluate whether the Appropriations Act for the fiscal year would
    require the state to use 100% state funds for the inspection. Where this determination cannot be made beforehand, the CSHO will determine the status of the small farming operation or a small employer in a low-hazard industry upon arrival at the workplace. If the prohibition against the use of matching funds applies, the inspection shall continue, however, all time charges shall be made against the 100% state time code: 756.

    NOTE: See CPL 02-00-051, Enforcement Exemptions and Limitations under the Appropriation Act, dated May 28, 1998, adopted by HIOSH on July 10 1998, for additional information

E. Preemption by another Federal Agency.

  1. Section 4(b)(1) of the OSH Act states that the Act does not apply to working conditions over which other federal agencies exercise statutory responsibility to prescribe standards for safety and health. This means that where OSHA is not able to grant the State jurisdiction over worker health and safety, the State may not conduct enforcement activities. See Chapter 17, Preemption by Other Agencies.
  2. Note that pre-emption does not apply to conditions affecting the health and safety of a state or county employee. For example, if a state or county employee’s vehicle used on public roadways is unsafe, HIOSH would have jurisdiction.
  3. If a question arises, usually upon receipt of a complaint, referral, or other inquiry, consult the list of Memorandums of Understanding (MOU) on the OSHA website to determine if the issue has been previously addressed. A MOU is an agreement created to address/resolve coverage issues and to improve the working relationships between other Federal agencies and organizations regarding employee safety and health.
  4. At times, an inspection may have already begun when the coverage jurisdiction question arises. Any such situation will be brought to the attention of the Branch Manager as soon as they arise, and dealt with on a case-by case basis.
  5. Two examples of MOUs include the following:
    1. Mine Safety and Health Administration – Interagency Agreement between the Mine Safety and Health Administration and OSHA, dated March 29, 1979.
    2. United States Coast Guard/U.S. Department of Transportation – Authority of Coast Guard and OSHA regarding enforcement of safety and health standards aboard vessels inspected and certified by the Coast Guard, dated March 4, 1983.

F. United States Postal Service.

  1. The Postal Employee Safety Enhancement Act of 1998 applies the Act to the U.S. Postal Service in the same manner as the Act applies to a private sector
    employer.
  2. HIOSH, at the request of the post office employees, elected not to cover the U.S. Postal Service, as did all other states. Thus, Federal OSHA retains authority to cover the U.S. Postal Service nationwide. Federal coverage in State Plan States encompasses U.S. Postal Service employees and contract employees engaged in U.S. Postal Service mail operations. Coverage includes contractor-operated facilities engaged in mail operations and postal stations in public or commercial facilities. HIOSH continues to exercise, jurisdiction over all other private sector contractors working on U.S. Postal Service sites who are not engaged in U.S. Postal Service mail operations, such as building maintenance and construction employees. See the Final Rule on State Plans Coverage of the U.S. Postal Service (Federal Register, June 9, 2000 (65 FR 36618))

G. Home-Based Worksites.

  1. The division will not normally perform any inspections of employees’ home offices. A home office is defined as office work activities in a home-based setting/worksite (e.g., filing, keyboarding, computer research, reading, and writing) and may include the use of office equipment (e.g., telephone, facsimile machine, computer, scanner, copy machine, desk, and file cabinet).
  2. HIOSH will only conduct inspections of other home-based worksites, such as home manufacturing operations, when it receives a complaint or referral alleging that a violation of a safety or health standard exists that threatens physical harm, that an imminent danger is present, or that there was a work-related fatality.
    NOTE: See Chapter 12, Section III, Home-Based Worksites for additional information.

H. Inspection/Investigation Types.

  1. Un-programmed.
    Inspections scheduled in response to alleged hazardous working conditions identified at a specific worksite are classified as un-programmed. This type of inspection responds to:
    a. Imminent Dangers;
    b. Fatalities/catastrophes;
    c. Complaints; and
    d. Referrals.
    e. It also includes follow-up and monitoring inspections scheduled by the Branch.

    NOTE: This category includes all employers/employees directly affected by the subject of the un-programmed inspection activity, and is especially applicable on multi-employer worksites.

    NOTE: Not all complaints and referrals qualify for an inspection. See Chapter 9, Complaint and Referral Processing, for additional information.

    NOTE: See Chapter 12, Specialized Inspection Procedures, Multi-Employer Workplace/Worksite which incorporated CPL 02-00-124 (CPL 2- 0.124), Multi-Employer Worksite Citation Policy, dated December 10, 1999, adopted by HIOSH on January 7, 2000 for additional information.
  2. Un-programmed Related.
    Inspections of employers at multi-employer worksites whose operations are not directly addressed by the subject of the conditions identified in a complaint, accident, or referral are designated as un-programmed related.

    An example would be: A trenching inspection conducted at the unprogrammed worksite where the trenching hazard was not identified in the complaint, accident report, or referral.

    If the compliance officer does not observe or note a hazard involving another employer at a multi-employer worksite during the inspection of the employer who is the subject of the original un-programmed (or programmed) inspection, there would normally not be an un-programmed related inspection conducted. Just being at the same worksite will not trigger an unprogrammed related inspection. The compliance officer will notate the reason, e.g., the hazard observed or noted, for expanding the original unprogrammed inspection to other employers.
  3. Programmed.
    Worksite safety and health inspections that have been scheduled based upon objective or neutral selection criteria are programmed inspections, such as the
    Inspection Scheduling System (ISS). The worksites are selected according to state scheduling plans for safety and for health or under local and national special emphasis programs.
  4. Program Related.
    Inspections of employers at multi-employer worksites whose activities were not included in the programmed assignment, such as a low injury rate employer at a worksite where programmed inspections are being conducted for all high rate employers. See 2.c. above for documenting when the compliance officer determines that conducting a program related inspection is necessary.

V. Un-programmed Activity – Hazard Evaluation and Inspection Scheduling.

Enforcement procedures relating to un-programmed activity are located in subject specific chapters of this manual:

VI. Programmed Inspections.

A. Inspection Scheduling System (ISS).

In order to achieve HIOSH’s goal of reducing the number of injuries and illnesses that occur at individual worksites, the Inspection Scheduling System (ISS) directs enforcement resources to those industries where the highest rates of injuries and illness have occurred, based on the Bureau of Labor Statistics (BLS) latest annual survey. The ISS is HIOSH’s primary programmed inspection plan for non-construction worksites that have 11 or more employees.

The ISS is comprised of two lists: The primary inspection list and a secondary list. The primary inspection list is made up of all establishments that will be inspected within the fiscal year, and can therefore be inspected at any time during the fiscal year in order to efficiently utilize inspection resources. The primary list is comprised of establishments in industries with the highest injury and illness rates in the State, or those with high rates that appear to be trending upward. The secondary list is to be used if the primary list has been exhausted and may, therefore, not always be completed during the fiscal year. To ensure fairness and objectivity in inspections, the Research and Statistics Office (R&S) will apply a random number selection order to this secondary list. Compliance officers MUST inspect this list in the order given by R&S.

B. Scheduling for Construction Inspections.

Due to the mobility of the construction industry, the transitory nature of construction worksites and the fact that construction worksites frequently involve more than one employer, inspections are scheduled from a list of construction worksites rather than construction employers. The Research & Statistics Office will provide a randomly selected list of construction projects from building permits issued by the various counties. This list will contain the projected number of sites per island and island area (Hawaii County) that HIOSH plans on inspecting during the next quarter, with a multiplication factor to consider projects which have already been completed or jobs not yet stared.

Similar to the secondary ISS list for general industry, the inspections must be performed in the order given by R&S. If a project has been completed before the inspector arrives at the worksite, the compliance officer will so notate on the Inspection (OSHA-1). If the project has not yet started, the compliance officer may return at a later date during the quarter, and if the inspection is not able to be performed during the quarter, the worksite may be carried over into the next quarter if the branch manager so determines. This information must be notated in the Narrative (OSHA 1A), including the reason why it was necessary to carry over the worksite into the next quarter. Acceptable reasons may include the current phase and/or scope of the project.

C. Scheduling for Maritime Inspections.

Private sector businesses engaged in maritime activities remain under the jurisdiction of OSHA. The State, however, has authority over state and county public sector maritime employment. Such employment typically encompasses management and maintenance of harbors and piers where maritime activities may occur.

As the number of such employees is relatively small and the work performed is essentially incidental to maritime activities, no separate scheduling for maritime inspections is required. CSHOs will address hazards to such employees through un-programmed activities such as referral, complaints, and fatalities.

D. Special Emphasis Programs (SEPs).

OSHA’s Special Emphasis Programs provide for programmed inspections of establishments in industries with potentially high injury or illness rates that are not covered by other programmed inspection scheduling systems or, if covered, where the potentially high injury or illness rates are not addressed to the extent considered adequate under the specific circumstances. SEPs are also based on potential exposure to health hazards. HIOSH may choose to participate in one or more of OSHA’s SEPs under the following circumstances:

  1. Hawaii has sufficient numbers of the establishments with the SEP’s selection criteria to be of concern; and
  2. HIOSH has sufficient resources to effectively implement the SEP.

E. National Emphasis Programs (NEPs).

OSHA develops National Emphasis Programs to focus outreach efforts and inspections on specific hazards in a workplace. HIOSH may choose to participate in one or more of OSHA’s NEPs under the following circumstances:

  1. Hawaii has sufficient numbers of the establishments within the industries identified in the NEP to be of concern; and
  2. HIOSH has sufficient resources to effectively implement the NEP.

F. Local Emphasis Programs (LEPs).

  1. An LEP is a HIOSH initiated special emphasis program based on knowledge of local industry hazards or local industry injury/illness experience. Since it is a deviation from the regular Inspection Scheduling System, OSHA notification and approval is required. When approved, OSHA will assign a specific LEP code so that inspection activity under the LEP can be tracked for evaluation purposes.

    NOTE: See CPL 04-00-001 (formerly CPL 2-0.102A), Procedures for Approval of Local Emphasis Programs (LEPs), dated November 10, 1999 and adopted by HIOSH on December 9, 1999, for additional information.
  2. LEPs must only be utilized when data indicates that the numbers or severity of occupational fatalities, injuries or illnesses occurring within the particular industry or as a result of the specific process or equipment require immediate intervention. Under such circumstances resources must be applied to address the hazards on a priority basis.

G. Inspection Scheduling and Interface with Cooperative Program Participants.

Employers who participate in voluntary compliance programs may be exempt from programmed inspections and eligible for inspection deferrals or other enforcement incentives. The Branch Manager will determine whether the employer is actively participating in a Cooperative Program that would impact inspection and enforcement activity at the worksite being considered for inspection. Where possible, this determination should be made prior to scheduling the inspection.

Information regarding a facility’s participation in the following programs should be available prior to scheduling inspection activity:

  • Hawaii Voluntary Protection Program (HVPP);
  • Pre-SHARP and SHARP Participants;
  • Consultation 90-Day Deferrals; and
  • HIOSH Strategic Partnerships.
  1. Hawaii Voluntary Protection Program (HVPP).
    1. HIOSH HVPP Coordinator Responsibilities.
      The HIOSH HVPP Coordinator must keep the Compliance Branch Managers informed regarding HVPP applicants and the status of participants in the HVPP. This will prevent unnecessary scheduling of programmed inspections at HVPP sites and ensure efficient use of resources. Branch Managers should be informed:
      • That the site can be removed from the programmed inspection list. Such removal may occur no more than 75 days prior to the scheduled onsite evaluation date;
      • Of the site’s approval for the HVPP program;
      • Of the site’s withdrawal or termination from the HVPP program; and
      • If the HIOSH HVPP Coordinator is the first person notified by the site of an event requiring enforcement; e.g. fatality, catastrophe, etc. he/she must immediately forward the information to the appropriate Branch Manager.
    2. Programmed Inspections and HVPP Participation.
      • Inspection Deferral.
        Approved sites must be removed from any programmed inspection lists for the duration of participation, unless a site chooses otherwise. The applicant worksite will be deferred starting no more than 75 calendar days prior to the commencement of its scheduled preapproval onsite review.
      • Inspection Exemption.
        The exemption from programmed inspections for approved HVPP sites will continue for as long as they continue to meet HVPP requirements. Sites that have withdrawn or have been terminated from HVPP will be returned to the programmed inspection list, if applicable, at the time of the next inspection cycle.
    3. Un-programmed Enforcement Activities at HVPP Sites.
      When HIOSH receives a complaint, or a referral other than from the HIOSH HVPP onsite team, or is notified of a fatality, catastrophe, or other event requiring an enforcement inspection at a HVPP site, the Branch Manager must initiate the inspection following normal HIOSH enforcement procedures.
      • The Branch Manager must immediately notify the HIOSH HVPP Coordinator of any fatalities, catastrophes or other accidents or incidents occurring at a HVPP worksite that require an enforcement inspection; as well as of a referral or complaint that concerns a HVPP worksite, including complaint inquiries that would receive a letter response.
      • If the HIOSH HVPP Coordinator is the first person notified by the site of an event requiring an enforcement inspection, he/she must immediately notify the appropriate Compliance Branch Manager and the Administrator.
      • The inspection will be limited to the specific issue of the unprogrammed activity. If citations are issued as a result of the inspection, a copy of the citation will be sent to the HIOSH HVPP Coordinator, who will determine whether the nature of the citations indicate a need to re-evaluate the HVPP status of the site. See CSP 03-01-003, Voluntary Protection Programs (VPP): Policies and Procedures Manual, dated April 18, 2008, adopted by HIOSH on December 27, 2014
  2. Consultation.
    1. Consultation Visit in Progress.
      • If an onsite consultation visit is in progress, it will take priority over HIOSH programmed inspections as outlined below. An onsite consultation visit shall be considered to be a visit-in-progress in relation to the working conditions, hazards, or situations covered by the visit from the beginning of the opening conference through the end of the correction due dates (including extensions). If an onsite consultation visit is already in progress it will terminate when the following kind of HIOSH compliance inspection is about to take place:
        • Imminent danger inspection:
        • Fatality/catastrophe inspection;
        • Complaint inspections; and
        • Other critical inspections, as determined by the Administrator (such as a reportable accident investigation)
      • Other “critical inspections” may include, but are not limited to, referrals as defined in Chapter 9, Complaint and Referral Processing. Following an evaluation of the hazards alleged in a referral, if the Administrator determines that enforcement action is required prior to the end of an abatement period established by the Consultation & Training (C&T) Branch, the consultation visit in progress shall be immediately terminated to allow for an enforcement inspection.
      • For purposes of efficiency and expediency, an employer’s worksite shall not be subject to concurrent consultation and enforcement-related visits. The following excerpts from CSP 02-00-003, Consultation Policies and Procedures Manual, Chapter 7: Relationship to Enforcement, dated November 19, 2015 and adopted by HIOSH on March 1, 2016, to clarify the interface between enforcement and consultation activity at the worksite:
        • Full Service Onsite Consultation Visits.
          If a worksite is undergoing a full service both (for both safety and health) onsite consultation visit, which provides a complete safety and health hazard survey of all working conditions, equipment, processes, and HIOSH-mandated safety and health programs at the worksite, programmed enforcement activity may not occur until after the end of the worksite’s visit-in-progress status.

          When an employer requests a full service onsite consultation visit, it can be presumed that HIOSH consultants have identified all hazards and that the employer has subsequently corrected all hazards. Therefore, any enforcement activity should be deferred or delayed to the next inspection cycle.
        • Full-Service Safety or Health On-site Consultation Visits.
          When an on-site consultation visit-in-progress is discipline-related, whether for safety or health, programmed enforcement activity may not proceed until after the worksite’s visit “In Progress” status and is limited to the discipline NOT examined by the consultation visit.
        • Limited Service On-Site Consultation Visits.
          If a worksite is undergoing a limited-service on-site consultation visit, whether focused on a particular type of work process or hazard, programmed enforcement activity may not proceed while the consultant is at the worksite. The re-scheduled enforcement activity must be limited to those areas not addressed by the scope of the consultative visit (posted List of Hazards).

          The consultant must not inform the employer of any impending enforcement activity.
    2. Enforcement Follow-Up and Monitoring Inspections.
      If an enforcement follow-up or monitoring inspection is to be conducted while a worksite is undergoing an onsite consultation visit, the inspection these shall not be deferred; however, its scope shall be limited only to those areas required to be covered by the follow-up or monitoring inspection. In these instances, the consultant must halt the onsite consultation visit until the enforcement inspection has been completed. In the event HIOSH issues a citation(s) as a result of the follow-up or monitoring inspection, an onsite consultation visit may not proceed regarding the newly cited item(s) until they have become final order(s).
    3. Enforcement Programmed Inspections
      Onsite Consultation and 90-Day Deferral
      • If an establishment has requested an initial full-service comprehensive consultation visit for safety and health from C&T Branch, and that visit has been scheduled (a definite date has been set), a programmed inspection may be deferred for 90 calendar days from the date of the notification by C&T to the Compliance Branch Managers, via memo and by posting on the “shared” internal site. No extension of the deferral beyond the 90 calendar days is possible, unless the consultation visit is “in progress.”
      • HIOSH may, however, in exercising its authority to schedule inspection, assign a lower priority to worksites where consultation visits are scheduled.

        NOTE: See CSP 02-00-003, Consultation Policies and Procedures Manual, Chapter 7: Relationship to Enforcement, dated November 19, 2015 and adopted by HIOSH on March 1, 2016, for additional information.
    4. Severe Violator Enforcement Program (SVEP)
      A company identified on the OSHA/HIOSH Severe Violator Enforcement Program (SVEP) list may still receive Onsite Consultation Services. Although the company is receiving consultation services, in this situation, Consultation visit-in-progress status does not block enforcement from performing an inspection.
  3. Pre-Safety and Health Achievement Recognition Program (Pre-SHARP) Status.
    1. Those employers who do not meet the SHARP requirements, but who exhibit a reasonable promise of achieving agreed-upon milestones and time frames for SHARP participation, may be granted Pre-SHARP status. Pre-SHARP participants receive a full service, comprehensive consultation visit that involves a complete safety and health hazard identification survey, including a comprehensive assessment of the worksite’s safety and health management system.
    2. The deferral time frame recommended by the C&T Branch Manager must not exceed a total of 18 months from the expiration of the latest hazard correction due date(s), including extensions. Upon achieving Pre-SHARP status, employers may be granted a deferral from HIOSH programmed inspections. The following types of incidents can trigger a HIOSH enforcement inspection at Pre-SHARP sites:
      • Imminent danger;
      • Fatality/Catastrophe; and
      • Formal complaints.
  4. Safety and Health Achievement Recognition Program (SHARP).
    SHARP is designed to provide support and incentives to those employers that implement and continuously improve effective safety and health management system(s) at their worksite. SHARP participants are exempted from HIOSH programmed inspections, see §1908.7(b)(4) as amended by HIOSH [Refer to Chapter 12-160, HAR]
    1. Duration of SHARP Status
      All initial approvals of SHARP status will be for a period of up to two years, commencing with the date the Administrator approves an employer’s SHARP application. After the initial approval, all SHARP renewals will be for a period of up to three years.
    2. HIOSH Inspection(s) at SHARP Worksites
      As noted above, employers that meet all the requirements for SHARP status will have the names of their establishments deleted from HIOSH’s Programmed Inspection Schedule. However, pursuant to §1908.7(b)(4)(ii), the following types of incidents can trigger a HIOSH enforcement inspection at SHARP sites: imminent danger; fatality/catastrophe; or formal complaints.

      NOTE: See CSP 02-00-003, Consultation Policies and Procedures Manual, Chapter 8: OSHA’s Safety and Health Achievement Recognition Program (SHARP) and Pre-SHARP, dated November 19, 2015 and adopted by HIOSH on March 1, 2016, for additional information.
  5. HIOSH Strategic Partnership Program (HSSP).
    At HIOSH’s discretion, an establishment operated by a partner may receive a limited scope or “focused inspection” in which the focus is limited to specific hazards, hazardous areas, operations, conditions or practices at the establishment.

    Since, SHARP or HVPP status is available to all employers in the state, offering inspection deferral or exemption to strategic partners undermines participation in these other programs, and is therefore, not available to them.

    Note: See GOSH Focused Inspections in General Industry dated September 19, 2001, revised on January 30, 2003.
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