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REGIONAL
INSTRUCTION
U.S. DEPARTMENT OF LABOR
Occupational Safety and Health Administration
DIRECTIVE NUMBER: CPL 2-21-001
EFFECTIVE DATE: October 1, 2021
SUBJECT: Regional Emphasis Program – Top 50 Workplace - Health Hazard
REGIONAL IDENTIFIER: Region VII
ABSTRACT
Purpose: This instruction implements a Regional Emphasis Program for
programmed health inspections in multiple manufacturing and
service industries (multiple NAICS Codes) to address health
hazards.
References: CPL 02-00-163, Field Operations Manual (FOM), April 14, 2020.
CPL 04-00-002, Procedures for Approval of Local Emphasis
Programs (LEPs), November 13, 2018.
CPL 02-00-025, Scheduling System for Programmed Inspections,
January 4, 1995.
CPL 02-00-051 Enforcement Exemptions and Limitations under the
Appropriations Act May 28,1998. Note: When the Appropriations
Act Appendix A is revised, the most current Appendix A will be
utilized.
Cancellations: None
Expiration: This instruction expires September 30, 2026.
State Impact: None
Action Offices: All Region VII Area Offices
Originating Office: Office of Regional Administrator
Contact: Assistant Regional Administrator for Enforcement Programs
2300 Main Street, Kansas City, MO 64108
(816) 283-8745
By and Under the Authority of
Kimberly A. Stille
Regional Administrator
1
Table of Contents
I. Purpose ........................................................................................................................3
II. Scope ..........................................................................................................................3
III. Expiration .................................................................................................................3
IV. Action .......................................................................................................................3
V. References .................................................................................................................. 3
VI. Action Offices .......................................................................................................... 3
VII. Background ............................................................................................................. 3
VIII. Inspection Scheduling ............................................................................................ 4
IX. Inspection Procedures .............................................................................................. 5
X. CSHO Protections ......................................................................................................6
XI. OIS Coding …...….....................................................................................................7
XII. Outreach .................................................................................................................. 7
XIII. Program Evaluation ................................................................................................8
APPENDIX A ……………………………………………………………………………..10
2
I. Purpose.
This regional instruction implements a Regional Emphasis Program (REP) for
programmed health inspections within industries where various general industry
worksites exposed employees to hazardous substances as documented through previous
inspection activity. Workers at other facilities within the same industries where exposure
to hazardous substances was documented may be facing the same exposures, and current
inspection targeting programs limit our ability to address these hazards in these particular
establishments. In addition, long latency periods from exposure to hazardous
contaminants to symptomology prevents a timely response.
Prior to this REP, Region VII did not have a method to target many of the substances
included in OSHA’s Z-Tables, Expanded Health Standards, and substances not covered
by OSHA’s Permissible Exposure Limits. This REP will assist in developing an
inspection targeting system to identify those worksites with health hazards.
II. Scope. This instruction applies to all Region VII Offices.
III. Expiration. This instruction expires on September 30, 2026.
EXCEPTION: Any inspection begun prior to September 30, 2026, may continue until its
conclusion.
IV. Action.
The Area Directors shall ensure that the procedure outlined in the instruction is followed
during the effective period of this instruction. This instruction is not to conflict with
inspection priorities as established in the Field Operations Manual (FOM).
When an inspection is not conducted because the employer has refused entry, the
Compliance Safety and Health Officer (CSHO) shall document the reason for this refusal,
Region VII Enforcement Programs (EP) shall be contacted immediately, and a warrant
shall be sought in accordance with the current procedures for handling suchrefusals.
V. References.
A. CPL 02-00-163, Field Operations Manual (FOM), April 14, 2020.
B. CPL 04-00-002, Procedures for Approval of Local EmphasisPrograms (LEPs),
November 13, 2018.
C. CPL 02-00-025, Scheduling System for Programmed Inspections, January 4,
1995.
D. CPL 02-00-051, Enforcement Exemptions and Limitations under the
Appropriations Act, May 28, 1998.
VI. Action Offices.
All Region VII Area Offices.
3
5
VI. Action Offices.
All Region VII Area Offices.
VII. Background.
This REP targets health hazards. Occupational diseases often manifest themselves after
a delay from the time of exposure, especially for chronic conditions. Therefore, relying
on injury and illness data is not adequate to identify and target these hazards. Instead,
historical data (sorted by NAICS code) will be used to identify industries with a high
number of health related OSHA violations.
The table below details examples of potential health outcomes to a variety of chemicals
employees may be exposed to in some of the targeted NAICS, with associated latency
periods.
Substance Chronic Health Outcomes
Latency
Period
Mesothelioma and lung cancer
15 – 50 years
Anemia and leukemia
1 – 10 years
Berylliosis and lung cancer
15 – 25 years
Cadmium
Kidney dysfunction, lung and prostate
cancer
10 years
Ethylene Oxide
Miscarriages, sperm degeneration,
leukemia, lymphoid or breast cancer
9 – 20 years
Formaldehyde
Nasopharyngeal and oropharyngeal
cancer
2 – 15 years
Hexavalent
Lung cancer 20 years
Lung and nasal cancers
13 – 24 years
* https://roadmaponcarcinogens.eu/
*https://cdc.gov
*https://epa.gov
This emphasis program supports the DOL objective, to secure safe and healthful
working conditions for America’s workers, by implementing the OSHA Strategic Plan
objective to target the most hazardous worksites for inspection. It does so by making
efforts to prioritize its limited resources for inspections, compliance assistance and
outreach efforts on specific industries that routinely experience injury, illness, or
fatalities above the national average.
VIII. Inspection Scheduling/Site Selection.
A. The National Office, Office of Statistical Analysis, (National Office OSA)
maintains data covering three previous fiscal years of National/Federal OSHA
health inspections and ranks industries based on the number of serious
Using the National list of 200 high health hazard industry NAICS, this program
focuses on the top 50 industries. (See Appendix A) The National Office –OSA
will generate a randomized list of establishments within the top 50 NAICS on the
list for inspection by each Region VII Area Offices.
B. Cycles: The Area Director will use software developed for random selection
Establishment Targeting List-Generation System to generate randomly selected cycle(s)
of a reasonable cycle size, based on existing resources. Each Area Office will ensure that
all selected sites in each cycle are inspected, unless deletion criteria applies. Before a new
cycle is initiated, all sites on the previous cycle need to be completed. If an establishment
cannot be inspected in the current cycle, it may be carried over to the next cycle. Open
cycles should be carried into the next fiscal year if the REP is renewed. An updated
establishment list from the National Office shall be obtained at least every three years to
ensure that the list is current.
C. Deletions:
1. The Area Director will review each cycle developed from the establishment list
provided by OAS. All establishments inspected (health comprehensive) within
the last 3 years will be deleted.
2. Establishments for inspection may fall within the scope of the current
Appropriations Act. If so, inspection activities must be completed in accordance
with the most recent version of the directive CPL 02-00-051, Enforcement
Exemptions and Limitations under the Appropriations Act.
IX. Inspection Procedures
A. Scope of Inspection:
1. Under this REP, all inspections will be comprehensive in scope. Please
see comprehensive in scope as defined in the Field Operations Manual
(FOM) in Chapter 3 at paragraph III A.: “Comprehensive - A
substantially complete inspection of the potentially high hazard 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, operations and practices within those
areas are inspected.”
Where establishments are found on more than one NEP and/or REP/LEP
list (such as SST/SILICA /LEAD), the Area Office shall conduct one
comprehensive health inspection to satisfy all the requirements of all of
these programs. The OSHA Inspection Report shall then be coded for
each inspection with all applicable codes.
2. During the opening conference, the CSHO shall review the employer’s
exposure monitoring program and records in accordance with 1910.1020
5
and shall review the OSHA 300 injury and illness logs for any standard
threshold hearing shifts, skin disorders, respiratory conditions,
poisonings, and all other illnesses. The CSHO shall evaluate the
employer’s safety and health programs, including but not limited to:
ventilation, occupational noise exposure, nonionizing radiation, hazardous
materials included in Subpart H, personal protective equipment, permit
required confined spaces, medical services and first aid, toxic and
hazardous substances as included in Subpart Z, and hazard
communication.
3. The CSHO shall conduct a comprehensive walk around of the facility.
During the walk around the CSHO shall observe the processes and must
conduct screenings to identify opportunities for full shift sampling. If full
shift sampling is required, sampling shall occur as soon as possible.
Sampling shall be conducted in accordance with the applicable section of
the OSHA Technical Manual TED 01-00-015. The casefile will contain
all applicable documentation, screenings, and sampling results, and all
screening must be entered into OIS. Sampling and screening assistance
is available through the Salt Lake Technical Center IHC Duty Officer at
1-800-233-5001, 8am-4pm MST, Monday through Friday.
B. Evaluation Temporary Workers In addition to the permanent employees found at the
establishment, recent inspection reports and activity has identified the use of temporary
workers in many of the targeted industries. Temporary workers are more vulnerable to
workplace safety and health hazards, as they often lack adequate safety and health
training, equipment, and explanation of their job tasks and duties. At the opening
conference, compliance officers shall obtain the necessary information regarding the
presence and/or use of temporary workers. If temporary workers are present or utilized
at the establishment, the compliance officer shall obtain all the necessary
documentation and information required to evaluate the safety and health program
relating to temporary workers and determine compliance with OSHA regulations in
providing a safe and healthful workplace for these workers. The compliance officer
shall refer to the current National Office guidance found on the Temporary Worker
Page to conduct these inspections.
X. CSHO Protection.
A. Inspections under this REP are to be conducted by CSHOs who have received
training on the REP. CSHOs shall attempt to document the presence of potential
hazards prior to initiating the walk around portion of the inspection and shall make
appropriate personal protective equipment (PPE) selections, relying on information
obtained during the opening conference, from previous inspection activity at similar
sites, safety data sheets, and/or previous exposure monitoring surveys.
B. The Area Director will ensure that the CSHO has the necessary PPE to conduct the
inspection, including but not limited to hard hats, safety glasses, hearing protection,
safety boots, and respiratory protection. The CSHO will not place themselves in
potentially hazardous situations, such as entry into permit required confined spaces
6
or activities that would require the performance of hazardous energy control. In such
cases, necessary information should be sought in another manner, such as private
employee interviews, witness statements, engineering drawings, manufacturing
specifications/manuals, etc. Supervisors shall ensure CSHOs comply with all related
requirements developed as part of the ADM 04-00-003, OSHA Safety and Health
Management System.
C. Where applicable, the CSHO shall follow policies outlined in Chapter 27 of the
OSHA Technical Manual, Exposure Monitoring, and will conduct self-sampling
when they are potentially exposed to hazardous chemicals. A list of hazardous
chemicals is included in Appendix A to Chapter 27.
XI. OIS Coding.
Current instructions for completing the appropriate inspection classification boxes on the
OSHA Inspection Report as found in the OIS manual shall be applied when recording
inspections conducted under this REP, as follows:
A. The OSHA Inspection Report for any programmed inspections covered under this
Regional Emphasis Program for Top 50 Workplace - Health Hazard shall be marked
“Program Planned" in the Initiating Type field and insert “T50WHH” in the
Regional Emphasis Program field.
B. REP Combined with Unprogrammed Inspections. For all unprogrammed inspections
conducted in conjunction with this REP inspection under this initiative, the OSHA
Inspection Report must be marked with the appropriate unprogrammed activity in the
Initiating Type field. In addition, the value “T50WHH” shall be recorded in
Regional Emphasis Program field of the OSHA Inspection form and the
Unprogrammed Activity form.
C. REP Combined with other Emphasis Program Inspections. For all programmed
inspections such as other NEPs/REP/LEPs conducted in conjunction with an REP
inspection under this initiative, the OSHA Inspection Report must be marked as
"Program Planned" in the OSHA Inspection form. In addition, the value “T50WHH”
shall be recorded the Regional Emphasis Program field along with all NEP and REP
OIS codes applicable to the inspection.
XII. Outreach
Prior to the initiation of the enforcement of this REP, each covered Area Office will
implement outreach programs that support the efforts of the Agency in meeting the goals
of the REP. These outreach efforts should take place at least three months before the
initiation of inspections and continually thereafter. Such programs may include:
A. Targeted presentations, speeches, meetings, and/or training sessions with
employers/stakeholders.
B. Letters/mailings to employers, professional associations, local safety councils,
7
apprenticeship programs, local hospitals, and occupational health clinics.
C.
News releases through local newspapers, safety councils, and/or industrial hygiene
organizations.
D. Use of current Social Media methods such as twitter and e-mail contacts.
E. OSHA Area Offices may leverage existing Partnerships and Alliances with groups
representing employers and workers in the affected industries to share successes
and technical information concerning effective means of controlling and reducing
worker exposures to noise and other hazards.
F. Encourage small businesses to contact OSHA’s On-Site Consultation Program.
OSHA’s On-Site Consultation Service offers free and confidential advice to small
and medium businesses in all States across the country, with priority given to high-
hazard worksites.
G. OSHA’s compliance assistance resources for this include, but are not limited to:
1. Noise and Hearing Conservation eTool and Safety and Health Topics Page
2. Respiratory Protection eTool
3. Eye and Face Protection eTool
4. Hazard Exposure and Risk Assessment eMatrix
XIII. Program Evaluation.
A. Abatement documentation/verification will be submitted to or otherwise collected by
the Area Office for all violations. The abatement information must be includedin the
case file in a timely manner.
B. The RA will ensure that each Region VII area office participating in the REP will
prepare and submit to EP a program report. The program report is to be conducted at
the midpoint and completion of each REP. At the RA’s discretion, additional reports
may be required, based on the length, complexity, and coverage of the program. The
midpoint assessment will take place no later than the end of the fiscal year following
the calendar midpoint between the program effective and expiration dates (e.g., 2 ½
years into a 5 year program). The midpoint assessmentwill allow for revisions to the
REP where necessary, along with an assessment of whether continuation of the REP
is appropriate.
1. The program report will, at a minimum, address whether the REP
advances OSHA’s goals and initiatives. The program report will
address,as appropriate, both quantitative and qualitative measures.
Types of measures that may be considered include:
a) The number of employees and/or establishments impacted
by outreach activities;
8
b) The total number of health hazards abated; *
c) The total number of overexposures to health hazards identified;
d) The total number of personal air monitoring samples conducted;
1) Total full shift samples.
2) Total Short Term Exposure Limit samples.
3) Total area samples.
e) The total number of wipe samples taken;
f) The total number of screenings taken;
1) Total noise screening.
2) Total air screening.
g) The total number of personal noise samples conducted;
h) The number of workers removed from health hazards;
i) The total number of inspections that included CSHO self-sampling;
j) Reductions or sudden increase in the number of complaints or
severe injury reportswithin affected industries, compared to
FY 2021;
k) Reductions in the number of complaints or severe injury
reportsalleging health hazards within affected industries,
compared to FY 2021;
l) Any indices that relate directly to measures included in the DOL
Strategic Plan, the OSHA Operating Plan, and/or additional
goalsof the REP;
m) The total number of personal sampling for each Hazardous
Substance addressed in 1910.1000-1910.1029;
n) The total number of employees found overexposed each
Hazardous Substance addressed in 1910.1000-1910.1029;
2. While the focus of this REP is the identification and elimination of health
hazards, during the course of the inspection and/or sampling CSHOs may
observe safety hazards. CSHOs will either address these hazards or make a
Safety referral as appropriate. The program evaluation will include:
a) The total number of safety hazards abated;
b) The number of workers removed from safety hazards
* Health Hazard - The OSHA Information System, Operational Plan Performance Metrics - Hazards
and Fatalities report defines in Appendix A the standards used for tracking illness reductions as:
1910.94, 97, 120, 132, 134, 138, 1000-1018, 1025-1450. Additional standards classified as health
violations, but are not included in Appendix A are 1910.95 and 1910.151. A complete list of all
standards OIS classified as related to illness and therefore health violations are found in Appendix A.
9
5
10
15
20
25
APPENDIX A
FY 2021 Top 50 High Hazard Health Industries Rank
531110
Lessors of Residential Buildings and Dwellings
1
327110
Pottery, Ceramics, and Plumbing Fixture Manufacturing
2
811490
Other Personal and Household Goods Repair and Maintenance
3
327212
Other Pressed and Blown Glass and Glassware Manufacturing
4
713990
All Other Amusement and Recreation Industries
713930
Marinas
6
337212
Custom Architectural Woodwork and Millwork Manufacturing
7
337215
Showcase, Partition, Shelving, and Locker Manufacturing
8
423320
Brick, Stone, and Related Construction Material Merchant
Wholesalers
9
325510
Paint and Coating Manufacturing
333922
Conveyor and Conveying Equipment Manufacturing
11
332313
Plate Work Manufacturing
12
337110
Wood Kitchen Cabinet and Countertop Manufacturing
13
332812
Metal Coating, Engraving (except Jewelry and Silverware), and
Allied Services to Manufacturers
14
327991
Cut Stone and Stone Product Manufacturing
238320
Painting and Wall Covering Contractors
16
332911
Industrial Valve Manufacturing
17
811121
Automotive Body, Paint, and Interior Repair and Maintenance
18
337127
Institutional Furniture Manufacturing
19
621210
Offices of Dentists
442110
Furniture Stores
21
332311
Prefabricated Metal Building and Component Manufacturing
22
339910
Jewelry and Silverware Manufacturing
22
451110
Sporting Goods Stores
22
339950
Sign Manufacturing
811198
All Other Automotive Repair and Maintenance
25
332323
Ornamental and Architectural Metal Work Manufacturing
27
332992
Small Arms Ammunition Manufacturing
28
333999
All Other Miscellaneous General Purpose Machinery Manufacturing
29
10
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing
30
811310
Commercial and Industrial Machinery and Equipment (except
Automotive and Electronic) Repair and Maintenance
31
111419
Other Food Crops Grown Under Cover
32
332420
Metal Tank (Heavy Gauge) Manufacturing
32
325411
Medicinal and Botanical Manufacturing
34
333111
Farm Machinery and Equipment Manufacturing
35
236118
Residential Remodelers
36
332618
Other Fabricated Wire Product Manufacturing
37
321992
Prefabricated Wood Building Manufacturing
38
238390
Other Building Finishing Contractors
39
336214
Travel Trailer and Camper Manufacturing
39
812210
Funeral Homes and Funeral Services
39
812113
Nail Salons
42
332813
Electroplating, Plating, Polishing, Anodizing, and Coloring
43
336212
Truck Trailer Manufacturing
44
333514
Special Die and Tool, Die Set, Jig, and Fixture Manufacturing
45
532120
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and
Leasing
46
332439
Other Metal Container Manufacturing
47
811192
Car Washes
47
332994
Small Arms, Ordnance, and Ordnance Accessories Manufacturing
49
333517
Machine Tool Manufacturing
50
11
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