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January/February 2004

OSHA’s Voluntary Protection Programs and You

In 1982, the Occupational Safety and Health Administration (OSHA) unveiled its Voluntary Protection Program, or VPP. The idea behind the VPP approach is that organizations with a strong health and safety program would enter into a partnership with OSHA, gaining recognition for their exemplary commitment to worker safety and enjoying some added benefits thereof. While the VPP system has undergone some minor changes in the past 20 years, it’s still an excellent way for a company to reap extra dividends on its safety investment.

There are three types or levels of VPP certification: Star, Merit and Demonstration. Star facilities are those that have met all of the requirements of the VPP program. Such sites are given a special flag bearing the VPP Star and a certificate of achievement. This is the “standard” level of VPP recognition; when a site is said to have VPP status or to be an OSHA Star, the Star level is being cited.

Merit sites are locations showing promise and an above-average safety and health program/track record, but are not quite ready for Star status. Many, if not most, Merit-level facilities go on to earn their Star.

Demonstration sites are model Star-level sites that, in association with OSHA, try out alternate ways to achieve safety and health excellence; in effect, they are guinea pigs, shaping future VPP rules and criteria.

The way the VPP system works is simple: A company with a proven track record and commitment to workplace safety applies to OSHA for an evaluation. A team of three to five members comes to the facility and investigates it for several days, touring the location, poring over documents and interviewing employees. Following this inspection, OSHA’s Assistant Secretary makes a determination based on the team’s findings.

While all this sounds relatively simple, the reality is quite a bit more complicated. The systems, programs, records and documentation your organization must have in place are considerable. So too is the level of employee commitment, from top to bottom – during the evaluation, your firm’s commitment to safety must by evident when speaking to the CEO, the part-time janitor and everyone in between. Given these demanding conditions, it might not come as any great surprise that, as of September 2003, there were only 10 VPP-registered sites in SIC 32 (Stone, Clay and Glass Products).

The benefits of VPP
Considering the time, monetary and material investment necessary to bring a facility up to VPP standards, the prospect is often written off as being an unattainable goal. Before you join the “naysayer” club, however, consider what you have to gain from having a VPP Star:

  • Safety savings. The safety and health programs and injury/illness/lost workday reductions necessitated by a VPP facility result in tremendous direct and indirect monetary savings, which in practice more than pay for the costs associated with the safety programs/improvements involved. And if your organization is already enjoying the benefits to the bottom line afforded by a top-notch safety program, you’re unlikely to require a substantial additional investment in your safety programs to bring them up to “VPP standards.”
  • Employee benefits. Employees of a VPP facility are more productive with fewer absences and instances of tardiness than the industry norm. This is due in part to the empowerment and commitment employees feel. In addition, employees are likely to see added fringe benefits such as lower health insurance premiums, higher wages and better benefits – all as a result of the company’s bigger bottom line.
  • Marketing advantages/bragging rights. VPP status is universally recognized as a symbol of excellence and reliability; the mileage your marketing and PR departments can get out of an OSHA Star are tremendous.
  • Freedom from OSHA inspections. VPP Star sites are exempt from OSHA planned/programmed inspections – meaning that unless you have a serious accident or alleged safety hazard (both of which are uncommon in Star sites), you don’t have to worry about OSHA showing up on your doorstep unannounced.

Are you ready for VPP?
While VPP preparation has spawned a cottage industry of safety professionals and firms ready to assist interested parties attain certification, such aid usually isn’t necessary. In fact, organizations that are truly ready to apply for VPP status shouldn’t need any outside assistance with their safety programs or in putting their applications together.

On the other hand, companies interested in exploring the prospect of attaining VPP certification but aren’t sure where they sit on the “preparedness scale” should perform an audit using OSHA’s VPP Self-Assessment Checklist. This tool offers a way of evaluating your company’s safety program, policies and history – much like the OSHA VPP assessment team would do. In addition to providing an excellent roadmap for VPP preparedness, the checklist can be used as a good gauge of your firm’s overall safety and health program.

In a nutshell, here’s what OSHA is looking for in a VPP candidate:

  • Low incident rates. Ideally, your organization’s lost workday and injury/illness rates should be below the industry average. Failing that, you should have a comprehensive plan in place that addresses your above-average rates with workable solutions to reduce your rates.
  • Management commitment. Your organization’s programs and practices must show strong involvement on the part of managers and supervisors, especially among the “top brass.” Safety and health management issues must be integrated with standard practices (i.e., safety must be part of every process, not an addition to every process). Clear safety and health management goals should be defined and plans for meeting these objectives laid out; all of this must be communicated to the company’s employees.
  • Employee involvement. Employees must be fully trained and should demonstrate a commitment to safety and health practices. They must be aware of safety concerns and understand the consequences of failing to follow safety and health requirements. Worker input should help determine safety policies and practices.
  • Worksite analysis. You should have a baseline hazard analysis that highlights areas of importance from a safety and health perspective. In particular, any areas addressed by OSHA standards, fire and safety codes, etc., should receive special attention. Your analysis should identify all instances of the various hazards as well as the control or coping methods for dealing with these hazards. You should also document tests and analyses of your hazards to determine if circumstances or technologies have changed such that you should alter your system accordingly. Lastly, frequent inspections/self-checks of the site and workers should be done on a regular basis. In all cases, detailed records or logs should be kept detailing actions taken or considered.
  • Training and control. In addition to the safety training all employees receive, supervisors and trainers should receive refresher training or training in new/enhanced techniques as necessary. Some method of assessing the effectiveness of training must be in place; it isn’t enough that an employee sits through a training session – he/she must have “gotten the message.” Records of all training received/performed and subsequent assessments must be maintained, and all employees should be aware not only of safety rules and requirements but also of the consequences (both health-related and punitive) of failing to follow safety practices.

Of course, this is a highly condensed version of the assessment checklist. Whether your organization is considering pursuing VPP certification or not, you should see how your company stacks up against the full checklist (available from your local OSHA/ Department of Labor office or from the OSHA Web site – see Resources at the end of this article).

The assessment
Your programs are in place, your people are trained and committed, you’ve gone a full year without a lost workday, and you’re ready to try for your flag. Here’s how the evaluation process breaks down.

  • Setting the time. You and an OSHA VPP representative will set up a mutually convenient time for your evaluation, which will typically last for 4 days. At the end of each day, the team will meet with your designated person or persons (see below) to discuss, in general terms, the day’s findings.
  • Preparing for the visit. You should designate a panel of employees to assist the inspection team and to be available as needed. This panel should represent a good cross-section profile of your organization, and its members should be able to deal with any issues concerning the evaluation that may arise. In addition, you should set aside a private work area for the inspection team where they can make plans, discuss the evaluation and conduct employee interviews.
  • The evaluation team. OSHA will send an evaluation team consisting of three to five members, occasionally more. This team will usually be composed of a team leader, a safety specialist and an industrial hygienist; in some cases the team leader will be assisted by a backup, and occasionally an employee of another VPP site will accompany the OSHA team members.
  • The initial meeting. The evaluation will begin with a meeting in which the inspection team and your key personnel are introduced to one another. At this time, you should give a brief overview of your organization and your safety and health program, and offer a brief tour of the facility. You will want to be certain all key staff members are introduced to the evaluation team so the inspectors will know whom to ask for assistance.
  • The walkthrough. The evaluation team will conduct an inspection of all pertinent areas of your facility to verify whether you have properly identified and controlled all hazards. There will be an initial walkthrough performed by the team as a whole and subsequent targeted inspections of various areas by individual members of the inspection crew. During the walkthrough, brief informal interviews of workers (both employees and contract labor) will be conducted.
  • The document review. The team will evaluate all your written documents including safety programs, policy and procedure manuals, accident/injury reports, hazard analyses, employee reports/suggestions, site inspections, safety meeting minutes and training records. Basically, anything your organization has done or will do that involves safety (and in the eyes of the investigating team, almost everything will!) should have written documentation supporting it – and the team will want to evaluate those documents.
  • Employee interviews. In addition to the short, informal interviews the inspection team may have with your workers during the walkthroughs, you can expect key personnel and a random sampling of “line workers” to be given formal interviews. The purpose of these interviews is to determine whether or not your company’s “safety ethic” goes more than skin deep – they want to see that all your workers are practicing what your policies are preaching. These interviews run a half-hour or less, and all questions asked will relate to your organization’s safety and health program.
  • Closing meeting. As noted above, the team will conduct a brief meeting with your designated personnel at the close of each day’s inspection. In addition, after the team members are through with their evaluation, they will prepare a draft report and meet with you to discuss their findings and recommendation. You will be given an opportunity at this meeting to discuss any issues you feel warrant clarification or additional scrutiny. In essence, it’s your chance to bring up additional information or evidence to offset any negative impressions or findings the inspectors may have found.
  • The determination. After conducting the closing meeting with your personnel, the inspection team members will draft a final report along with their recommendations to the Assistant Secretary for Occupational Safety and Health, who is responsible for making the final determination. The Assistant Secretary will forward a copy of the final report to you, along with a decision letter – your “bottom line,” pass-fail answer.

Inspection fallout
Anytime you invite a regulatory agency into your facility, a measure of danger accompanies the visit. In the case of VPP evaluations, however, the risk is fairly minimal.

First of all, any safety and health deficiencies noted by the inspection team will be brought to your attention, and you’ll be asked to correct them. If you can correct the problem(s) quickly (before the team leaves), the matter will end there without counting against you. Otherwise, you are given 90 days to correct any deficiencies and will be asked to submit a detailed plan for addressing the problem(s) as part of your evaluation. Only if you fail to adequately address a serious safety/health risk in the time allotted do you run the risk of any punitive action by OSHA.

What happens next?
Your final determination letter from the Assistant Secretary can take one of several forms. You may be congratulated on your astoundingly impressive performance and be awarded VPP Star status, in which case a formal ceremony will be held in which you are presented your flag and certificate—certainly an excellent photo/public-relations opportunity.

Another possibility is being awarded Merit status, which means OSHA recognizes the strides your organization has made toward creating a top-notch program and has a number of conditions or areas it wants you to address before awarding you Star status. While Merit status doesn’t carry all the prestige of a VPP Star, it’s still quite an achievement and allows plenty of bragging rights.

Then there’s a third outcome, in which you are not awarded either Merit or Star status. While this is certainly not what you’re looking for, it’s the most likely response, especially early on in your quest to achieve Star status. Along with such a “rejection” letter will come a laundry list of recommendations for enhancing your safety program and, consequently, your odds of achieving Star certification on a future evaluation. Try to follow through on these suggestions and keep in mind that it’s not uncommon for firms to labor for years, literally, before getting their Star.

While opening all your doors and books to OSHA and challenging it to give your safety program its best shot may seem akin to drawing a bulls-eye on your chest, companies with a strong safety and health program and track record may find the risk worth taking. Attaining a VPP Star ranking means admittance into a very select club, especially in our industry. Such organizations cannot help but be models for their peers to envy – or emulate. Remember, safety shouldn’t be a trade secret: If you’ve got it, share it!

Resources
Occupational Safety & Health Administration Homepage

 

 
 
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