New York Labor and Employment Law Report
OSHA Revises Policy on Outreach Training Programs
November 16, 2010
The Occupational Safety and Health Administration’s (“OSHA”) Outreach Training Program courses are taught by independent trainers and focus on construction or general industry safety and health hazard recognition and prevention. Over the past three years, over 1.6 million students have received training through this voluntary program. In an October 27, 2010 News Release, OSHA announced that it has revised its policy for all Outreach Training Programs to limit the number of hours each day a student may spend in OSHA 10 and 30-hour training classes. Effective immediately, OSHA now requires trainers to limit classes to a maximum of 7 ½ hours per day. The 10-hour courses must be conducted over a minimum of two days and the 30-hour courses must be conducted over at least four days.
The change in policy was sparked by concern that students were missing essential safety and health training as a result of long, mentally-fatiguing class days. Before the change, there was no limit on how long the classes could last each day. Students in the 10-hour course could be sitting in class for 13 hours a day, with lunch and necessary breaks factored in. According to Assistant Secretary of Labor for OSHA, David Michaels, “[l]imiting daily class hours will help ensure that workers receive and retain quality safety training.” OSHA also became concerned after random audits and unannounced monitoring visits revealed that some classes were not meeting the 10- and 30-hour program time requirements.
Classes that exceed 7 ½ hours per day or fail to meet all program content requirements will not be recognized by OSHA and students will not receive completion cards for such courses. However, trainers may submit written requests for exceptions to the new requirements based on extenuating circumstances. OSHA has also established an outreach trainer watch list, and a fraud hotline at 847-725-7810, which the public can call to file complaints about program fraud and abuse.