09.12.24.04

.04 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

(1) The following sections of Consultation Agreements, 29 CFR 1908 (October 26, 2000):

(a) 29 CFR §1908.2;

(b) 29 CFR §1908.4;

(c) 29 CFR §1908.5, except in (b)(2), the last sentence, change the word "insight" to "initial";

(d) 29 CFR §1908.6; and

(e) 29 CFR §1908.7, except:

(i) In paragraph (a)(1), substitute the following for the existing text, "Consultative activity shall be conducted independently of any MOSH enforcement activity";

(ii) In paragraph (b)(2), after (iv), insert: "Accident investigations"; and "(v)".

(iii) In paragraph (b)(4), after the word "employers" insert "at fixed worksites";

(iv) In paragraph (b)(4)(i)(B), substitute the words "Commissioner of Labor and Industry" for "Regional Office"; and

(v) In paragraph (b)(4)(ii), add the following criteria:

"(D) Accident;

(E) Referral from a MOSH safety compliance officer to a MOSH health compliance officer, or from a MOSH health compliance officer to a MOSH safety compliance officer; and

(F) Follow-up on a previously cited violation."

(2) The following amendments apply to the documents incorporated by reference in §B(1) of this regulation, except 29 CFR §1908.2:

(a) Wherever the words "Assistant Secretary" appear, substitute "Commissioner of Labor and Industry", except in 29 CFR §1908.6(g)(1);

(b) Wherever the words "RA" or "Area Director" appear, substitute "Assistant Commissioner";

(c) Wherever the words "compliance officer" or "OSHA compliance officer" appear, substitute "MOSH compliance officer";

(d) Wherever the word "employee" appears, it means an employee as defined in §5-101(c) of the MOSH Act;

(e) Wherever the word "employer" appears, it means employer as defined in §5-101(d) of the MOSH Act;

(f) Wherever the words "Section 5(a)(1) of the OSHA Act" appear, it means §5-104 of the MOSH Act; and

(g) Substitute "Assistant Commissioner" for:

(i) "appropriate OSHA enforcement authority" in 29 CFR §1908.6(f)(1); and

(ii) "OSHA enforcement authority" in 29 CFR §1908.6(f)(4).

(3) Safety and Health Program Management Guidelines, 54 FR 3904—3916 (1989); and

(4) Safety and Health Program Assessment Worksheet (OSHA Form 33) (Revised October 2000).