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Report recommends changes for OSHA’s Voluntary Protection Program

August 27, 2012 by Fred Hosier
Posted in: Compliance, In this week's e-newsletter, Injuries, Latest News & Views, OSHA news, Voluntary Protection Program


It may soon become more challenging for companies to qualify for a program that honors what are said to be the nation’s safest workplaces. Another possibility: OSHA could have more reasons to kick companies out of the program.

A recent iWatch News investigation brought to light that since 2000, at least 80 workers have died at sites that qualified for OSHA’s Voluntary Protection Program (VPP). Companies in the program gain exemption from programmed OSHA inspections.

Now, an OSHA task force report has finally seen the light of day, despite being completed last fall. The report, linked to on the Public Integrity.org website, includes several recommendations for improving the VPP. OSHA’s Jordan Barab is quoted on the site, saying the report is “a valuable road map”  and that “in general, we agree with most of the findings.”

Among the recommendations:

  • Explore discontinuing the Corporate VPP Program that allows large companies to use a streamlined application and onsite evaluation processes
  • Discontinue the VPP Merit program for companies that need additional improvement to reach Star status
  • Consider implementing a requirement that participants conduct recordkeeping audits on a regular basis
  • Allow regional OSHA administrators to propose removing a company from VPP when the official believes employees’ safety and health are seriously endangered
  • Immediately terminate companies from VPP that are found to be in violation of federal whistleblower regulations
  • Develop a process after a work-related fatality or significant OSHA enforcement activity to place a company in an “Inactive” status pending completion of an investigation
  • Explore the feasibility of “graduating” (retiring) companies from the VPP program after they’ve been in it for some period of time or require them to pay a fee after several years
  • Clarify the types of safety incentive programs (those that encourage workers to skip reporting injuries) that disqualify a company from VPP, and
  • Revisit how the Process Safety Management portion of the onsite evaluation is handled.

The report recommends not changing one aspect of the program: Companies would still be exempt from programmed inspections.

Earlier this year, the Department of Labor’s Office of Inspector General said it would also take a look at the effectiveness of the VPP. OIG’s key questions: Is the VPP criteria clearly defined and applied consistently? Are participants reevaluated consistently?

What do you think about the proposed changes in the VPP? What do you think about the continued exemption to programmed inspections? Let us know in the comments below.

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  • Guest

    I agree with discontinuing the corporate program. VPP needs to be site based, with the exception of mobile workforce.

    I agree with eliminating the Merit Program, but maybe OSHA could still give sites “Merit Goals” and just not let them in the program as a “Merit” site. At least then the company has direction in going after “Star” status.

    I don’t know what a recordkeeping audit by the employer is going to accomplish that the VPP auditors would not find during their visits to the facility every 3-5 years. This simply seems like it is an attempt to give the perception that VPP sites are lieing about their Injury rates.

    As I understand VPP approvals, Region Administrators must approve all new VPP and all recertifications anyways. I don’t agree with them arbitrarily taking away a companies VPP status.

    OSHA should be investigating every work related fatality in the US regardless of what the company’s VPP status is. The current program already allows for these inspections, there is no change needed.

    Why “retire” companies who have simply been safer for a longer period of time?

    How is doing a compliance inspection at a safe-site that was VPP site for 20 years a good use of taxpayer dollars? OSHA always says their reasons for scaling back funding to VPP is because they need to focus their money on unsafe employers. Then why take safe companies and put them back on the list for programmed inspections? It defies logic.

    OSHA VPP already has a policy on incentive programs. It is easier to enforce it on VPP sites then it is on the 8 million other worksites that have not demonstrated as good of a safety record. Again, the current program already addresses this.

    VPP continually tweaks the onsite evaluations. I don’t know why it would be different for PSM.

  • alecfinn

    Pay to be in a program that certifies you are a safe place to work?

    That does not make sense!


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