29 Cfr 1908.10

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§ 1908.10

29 CFR Ch. XVII (7–1–07 Edition)

(ii) A performance evaluation of each
State consultant performing consultation services for employers shall be
prepared annually. All aspects of a consultant’s performance shall be reviewed
at that time. Recommendation for remedial action shall be made and acted
upon. The annual evaluation report
shall be a confidential State personnel
record and may be timed to coincide
with regular personnel evaluations.
(iii) Performance of individual consultants shall be measured in terms of
their ability to identify hazards in the
workplaces which they have visited;
their ability to determine employee exposure and risk, and in particular their
performance under § 1908.6 (e) and (f);
their knowledge and application of applicable Federal or State statutes, regulations or standards; their knowledge
and application of appropriate hazard
correction techniques and approaches;
their knowledge and application of the
requirements of an effective workplace
safety and health program; and their
ability to communicate effectively
their findings and recommendations
and the reasons for them to employers,
and relevant information, skills and
techniques to employers and employees.
(iv) Accompanied visits to observe
consultants during onsite consultative
visits shall be conducted periodically
in accord with a plan established in
each annual Cooperative Agreement.
The State may also conduct unaccompanied visits to workplaces which received onsite consultation, for the purpose of evaluating consultants. A written report of each visit shall be provided to the consultant. These visits
shall be conducted only with the expressed permission of the employer
who requests the onsite consultative
visit.
(v) The State will report quarterly to
the RA on system operations, including
copies of accompanied visit reports
completed that quarter.
(2) Federal activity. State consultant
performance monitoring as set out in
§ 1908.9(b)(1) shall not preclude Federal
monitoring activity by methods determined to be appropriate by the Assistant Secretary.
(c) State reporting. For Federal monitoring and evaluation purposes, the

State shall compile and submit such
factual and statistical data in the format and at the frequency required by
the Assistant Secretary. The State
shall prepare and submit to the RA any
narrative reports, including copies of
written reports to employers as may be
required by the Assistant Secretary.
(Approved by the Office of Management and
Budget under control number 1218–0110)
[49 FR 25094, June 19, 1984, as amended at 54
FR 24333, June 7, 1989]

§ 1908.10

Cooperative Agreements.

(a) Who may make Agreements. The Assistant Secretary may make a Cooperative Agreement under this part with
the Governor of a State or with any
State agency designated for that purpose by the Governor.
(b) Negotiations. (1) Procedures for negotiations may be obtained through
the RA who will negotiate for the Assistant Secretary and make final recommendations on each Agreement to
the Assistant Secretary.
(2) States with Plans approved under
section 18 of the Act may initiate negotiations in anticipation of the withdrawal from the Plan of Federally
funded onsite consultation services to
private sector employers.
(3) Renegotiation of existing Agreements funded under this part shall be
initiated within 30 days of the effective
date of these revisions.
(c) Contents of Cooperative Agreement.
(1) Any Agreement and subsequent
modifications shall be in writing and
signed by both parties.
(2) Each Agreement shall provide
that the State will conform its operations under the Agreement to:
(i) The requirements contained in
this part 1908;
(ii) All related formal directives subsequently issued by the Assistant Secretary implementing this regulation.
(3) Each Agreement shall contain
such other explicit written commitments in conformance with the provisions of this part as may be required by
the Assistant Secretary. Each Agreement shall also include a budget of the
State’s anticipated expenditures under
the Agreement, in the detail and format required by the Assistant Secretary.

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Occupational Safety and Health Admin., Labor

1910.12 Construction work.
1910.15 Shipyard employment.
1910.16 Longshoring and marine terminals.
1910.17 Effective dates.
1910.18 Changes in established Federal
standards.
1910.19 Special provisions for air contaminants.

(d) Location of sample Cooperative
Agreement. A sample Agreement is
available for inspection at all Regional
Offices of the Occupational Safety and
Health Administration of the U.S. Department of Labor.
(e) Action upon requests. The State
will be notified within a reasonable period of time of any decision concerning
its request for a Cooperative Agreement. If a request is denied, the State
will be informed in writing of the reasons supporting the decision. If a Cooperative Agreement is negotiated, the
initial finding will specify the period
for the Agreement. Additional funds
may be added at a later time provided
the activity is satisfactorily carried
out and appropriations are available.
The State may also be required to
amend the Agreement for continued
support.
(f) Termination. Either party may terminate a Cooperative Agreement under
this part upon 30 days’ written notice
to the other party.

Subpart C [Reserved]
Subpart D—Walking-Working Surfaces
1910.21 Definitions.
1910.22 General requirements.
1910.23 Guarding floor and wall openings
and holes.
1910.24 Fixed industrial stairs.
1910.25 Portable wood ladders.
1910.26 Portable metal ladders.
1910.27 Fixed ladders.
1910.28 Safety requirements for scaffolding.
1910.29 Manually propelled mobile ladder
stands and scaffolds (towers).
1910.30 Other working surfaces.

Subpart E—Means of Egress
1910.33 Table of contents.
1910.34 Coverage and definitions.
1910.35 Compliance with NFPA 101–2000, Life
Safety Code.
1910.36 Design and construction requirements for exit routes.
1910.37 Maintenance, safeguards, and operational features for exit routes.
1910.38 Emergency action plans.
1910.39 Fire prevention plans.
APPENDIX TO SUBPART E—EXIT ROUTES,
EMERGENCY ACTION PLANS, AND FIRE PREVENTION PLANS

(Approved by the Office of Management and
Budget under control number 1218–0110)
[49 FR 25094, June 19, 1984, as amended at 54
FR 24333, June 7, 1989]

§ 1908.11 Exclusions.
A Cooperative Agreement under this
part will not restrict in any manner
the authority and responsibility of the
Assistant Secretary under sections 8, 9,
10, 13, and 17 of the Act, or any corresponding State authority.

Subpart F—Powered Platforms, Manlifts,
and Vehicle-Mounted Work Platforms

PART 1910—OCCUPATIONAL
SAFETY AND HEALTH STANDARDS

1910.66 Powered platforms for building
maintenance.
1910.67 Vehicle-mounted elevating and rotating work platforms.
1910.68 Manlifts.

Subpart A—General

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Sec.
1910.1 Purpose and scope.
1910.2 Definitions.
1910.3 Petitions for the issuance, amendment, or repeal of a standard.
1910.4 Amendments to this part.
1910.5 Applicability of standards.
1910.6 Incorporation by reference.
1910.7 Definition and requirements for a nationally recognized testing laboratory.
1910.8 OMB control numbers under the Paperwork Reduction Act.

Subpart G—Occupational Health and
Environmental Control
1910.94
1910.95
1910.97
1910.98

Ventilation.
Occupational noise exposure.
Nonionizing radiation.
Effective dates.

Subpart H—Hazardous Materials
1910.101 Compressed gases (general requirements).
1910.102 Acetylene.
1910.103 Hydrogen.
1910.104 Oxygen.
1910.105 Nitrous oxide.

Subpart B—Adoption and Extension of
Established Federal Standards
1910.11

Pt. 1910

Scope and purpose.

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