[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53754-53761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21943]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0007]


Online Delivery of OSHA's Outreach Training Program 10- and 30-
Hour Courses

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for information.

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SUMMARY: OSHA requests information, comments, and documents that would 
assist the agency in determining whether to adopt a new online delivery 
model for OSHA's Outreach Training Program. The OSHA Outreach Training 
Program is a hazard awareness training program that educates 
participants on the recognition, abatement, and prevention of job-
related hazards in the construction, general, and maritime industries, 
and at disaster sites. The potential new model would be limited to 
OSHA's 10- and 30-hour Outreach courses for the construction, general, 
and maritime industries. The new model would not include the disaster 
site worker training program. OSHA plans to use the information 
collected from this request to determine whether the new model would 
address issues associated with the existing model. If the new model 
were implemented, the agency would develop policies and procedures for 
the online Outreach Training Program courses to ensure that online 
providers meet OSHA's expectations for program quality and consistency.

DATES: Submit information, comments, and documents on or before 
December 9, 2019. All submissions must bear a postmark or provide other 
evidence of the submission date.

ADDRESSES: Submit comments and additional materials, identified by 
Docket No. OSHA-2019-0007 by any of the following methods:
    Electronically: Submit comments and attachments electronically to 
the Federal eRulemaking Portal at https://www.regulations.gov. Follow 
the instructions online for making electronic submissions.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 963-
1648.
    Regular mail, hand delivery, express mail, or messenger (courier) 
service: Submit comments and any additional material (for example, 
studies or journal articles) to the OSHA Docket Office, Docket No. 
OSHA-2019-0007, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-3653, 200 Constitution Ave. NW, Washington, 
DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is (877) 889-
5627). All additional material must clearly identify your electronic 
submission by name, date, and docket number so that OSHA can attach 
them to your comments. Due to security procedures, there may be delays 
in receiving materials that are sent by regular mail. Deliveries (hand, 
express mail, messenger, and courier service) are accepted during the 
Docket Office's normal business hours, 10:00 a.m.-3:00 p.m., ET.
    Instructions: All submissions must include the agency's name and 
the docket number for this Request for Information (RFI) (OSHA-2019-
0007). When submitting comments or recommendations on any of the issues 
raised in this RFI, commenters should explain their rationale and, if 
possible, provide data and information to support their comments or 
recommendations. Comments and other material, including any personal 
information, will be placed in the public docket without revision, and 
will be publicly available online at https://www.regulations.gov. 
Therefore, OSHA cautions commenters about submitting statements they do 
not want to be made available to the public, or submitting comments 
that contain personal information (either about themselves or others) 
such as Social Security numbers, birth dates, and medical data.
    Docket: To read or download submissions or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. The https://www.regulations.gov index lists all 
documents in the docket. All submissions, including copyrighted 
materials, are available for inspection at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
submissions.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Frank Meilinger, Director, OSHA Office of 
Communications, U.S. Department of Labor by phone: (202) 693-1999; 
email: meilinger.francis2@dol.gov.
    General and technical information: David Serra, Outreach Training 
Program Coordinator, Training Programs, Office of Training Programs and 
Administration, Directorate of Training and Education, Occupational 
Safety and Health Administration, U.S. Department of Labor, by email: 
serra.david.m1@dol.gov.
    Copies of this Federal Register notice: Electronic copies are 
available at https://www.regulations.gov. This Federal Register notice, 
news releases, and other relevant information are also available on 
OSHA's web page at https://www.osha.gov.
    References and exhibits: Documents referenced by OSHA in this 
request for information, other than OSHA standards and Federal Register 
notices, are available in Docket No. OSHA-2019-0007. Additional 
references are OSHA Outreach Training Program

[[Page 53755]]

Requirements [April 1, 2019], OSHA Outreach Training Program 
Construction Industry Procedures [April 1, 2019], OSHA Outreach 
Training Program General Industry Procedures [April 1, 2019], OSHA 
Outreach Training Program Maritime Industry Procedures [April 1, 2019]. 
The docket is available at https://www.regulations.gov, the Federal 
eRulemaking Portal. For additional information on submitting items to, 
or accessing items in, the docket, please refer to the ADDRESSES 
section of this RFI. Exhibits are available at https://www.regulations.gov. All materials in the dockets are available for 
inspection and copying at the OSHA Docket Office.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Background
    A. Overview of OSHA's Outreach Training Program
    B. Online Outreach Training Program Consortium Model
III. Request for Information, Data, and Comments
    A. OSHA's Current Model for In-Classroom and Online Delivery of 
OSHA Outreach Training
    B. Modifying the Current Online Outreach Training Program Model
    C. Scope of Online Offerings
    D. Delineating Consortium Collaborator Distinctions Under the 
Consortium Model
    E. Responsibilities of the OTI Education Center Under the 
Consortium Model
    F. Responsibilities of the Online Provider Under the Consortium 
Model
    G. Responsibilities of OSHA Under the Consortium Model
    H. Responsibilities of the Optional Stakeholder Under the 
Consortium Model
    I. Termination of Consortium Agreements
    J. Expiration Dates of Consortiums
    K. Whether OSHA Should Adopt Minimum Technical Specifications 
for Online Delivery of Training Content
     Online Provider System Requirements and Capabilities
     System Controls
     User Authentication
    L. Whether OSHA Should Adopt Requirements for Validating Online 
Curriculum and Training Content
     Maintaining Curriculum Content
     Timelines and Processes To Ensure Content/Curriculum Is 
Updated as OSHA Implements Policy Changes
     Student Assessment Strategies
     Ensuring Appropriate Levels of Interactivity
     Ensuring Student Engagement While Meeting Required 
Training Timeframes
     Ensuring Adult Learning Principles Direct the Design 
and Development of Content
    M. Ensuring Program Management and Strengthening Program 
Oversight
     Setting of Course Tuition and Card Processing Fees
     Potential Prohibition on Resellers, Pass-Through 
Agreements, Multi-Branded Offerings
     Program Administrative Requirements
    N. Additional Information
IV. Authority and Signature

I. Introduction

    The OSHA Outreach Training Program is a hazard awareness training 
program that promotes workplace safety and health. The program educates 
workers and employers on how to recognize, abate, and prevent job-
related hazards in the construction, general, and maritime industries, 
and at disaster sites. Training is conducted in both classroom and 
online formats. The federal government does not mandate participation 
in the OSHA Outreach Training Program, and the program is not intended 
to meet employer responsibilities for safety and health training of 
their employees. The program is voluntary and does not meet the 
training requirements contained in any OSHA standard.\1\ Nevertheless, 
some states and local jurisdictions have enacted legislation mandating 
OSHA Outreach Training Program training, and some employers and unions 
require workers to complete this training to work in certain job sites 
or fulfill their own safety training goals.
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    \1\ For information on OSHA's training-related requirements, see 
OSHA Publication #2254, Training Requirements in OSHA Standards 
(https://www.osha.gov/Publications/osha2254.pdf).
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    OSHA has concerns related to a number of issues associated with the 
existing online program, including inconsistent training quality, 
insufficient monitoring and oversight available to the agency, and 
public confusion regarding the OSHA-authorized Outreach Training 
Program. OSHA will consider any comments received in response to this 
Request for Information (RFI) to determine whether a new online 
training model called the OSHA Online Outreach Training Program 
Consortium should be adopted to address these issues.

II. Background

A. Overview of OSHA's Outreach Training Program

    OSHA's Outreach Training Program is taught by authorized safety and 
health professionals who complete an OSHA Outreach Training Program 
trainer course that enables them to teach 10- and 30-hour Outreach 
Training Program classes for workers in construction, general industry, 
maritime, and disaster sites. The 10-hour Outreach class is designed 
for entry-level workers, while the 30-hour Outreach class is more 
appropriate for individuals with experience in issues related to 
workplace safety or whose job responsibilities include ensuring 
workplace safety.
    After participants have completed training, trainers request and 
receive Outreach Training Program student course completion cards 
through their Authorizing Training Organization (ATO). An ATO is the 
organization that sponsored the trainer's most recent trainer course or 
trainer update course, which is either OSHA's Directorate of Training 
and Education (DTE) or an OSHA Training Institute (OTI) Education 
Center.
    The OTI Education Centers are a national network of nonprofit 
organizations authorized by OSHA to deliver occupational safety and 
health training to private and public sector workers and employers, 
other federal agencies, and occupational safety and health 
professionals. The primary focus of each OTI Education Center is to 
provide OSHA training courses throughout OSHA's ten regions in support 
of the OSH Act and OSHA's training mission. Additional information on 
the OTI Education Centers is available on OSHA's web page at https://www.osha.gov/otiec.
    In 2001, OSHA began an Online Outreach Training Program, which 
provides online, rather than classroom, delivery of training courses 
for its 10-hour and 30-hour construction and general industry programs. 
Prior to 2001, all authorized OSHA trainers were required to conduct 
in-person training. OSHA also implemented an application process for 
becoming an authorized online training provider.
    OSHA recognizes the benefits of having access to an online platform 
for training. However, the agency has a number of concerns with the 
existing model that it would like to address, including inconsistent 
training quality, insufficient program monitoring and oversight 
available to the agency, and public confusion regarding OSHA-authorized 
Outreach Training Programs. OSHA has received numerous complaints 
regarding online training, including:
    [ssquf] Individuals completing online courses on behalf of another 
registered student;
    [ssquf] Individuals accessing and completing online courses from 
outside the geographic jurisdiction of the agency;
    [ssquf] Publicly posted video clips, media, or other information 
instructing individuals on methods to complete an Online Outreach 
Training Program 10-

[[Page 53756]]

or 30-hour class in less than the minimum required time;
    [ssquf] Late submissions of card processing requests;
    [ssquf] Failure of online providers to issue student course 
completion cards after receipt from OSHA within required time limits;
    [ssquf] Failure of online providers to issue course completion 
cards;
    [ssquf] Significant customer service issues, including poor 
technical support, inadequate responses from customer service staff, 
and difficulty reaching the authorized Outreach trainer;
    [ssquf] Issuance of course completion cards and course completion 
certificates for classes not affiliated with the Outreach Training 
Program, but appearing to be offered by OSHA;
    [ssquf] Misleading advertising including the use of department and 
agency logos, and prohibited terms (e.g., certification, accredited); 
and
    [ssquf] Difficulty distinguishing by the general public between 
OSHA-authorized online Outreach providers and resellers, pass-through 
entities, and other online safety and health offerings.
    Because of these issues, on October 31, 2009, OSHA instituted a 
moratorium on receiving or approving any additional applications for 
online training providers. As a result, only nine previously authorized 
online providers currently provide training.\2\
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    \2\ In 2011, OSHA developed a plan to replace the existing 
online providers through a new competitive model (see 76 FR 17451 
(Mar. 29, 2011)). Under the competitive model, OSHA would select a 
limited number of providers through non-financial cooperative 
agreements. While OSHA awarded cooperative agreements on January 12, 
2012, the agreements never went into effect because of litigation in 
the United States Court of Federal Claims. In its most recent 
decision, the court permanently enjoined OSHA from making awards 
under the competitive model unless it corrected certain defects in 
its solicitation under the Competition in Contracting Act. OSHA has 
taken no further action to make awards under the competitive model, 
and if OSHA adopts a different model, it will no longer attempt to 
use the competitive model to make awards.
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B. Online Outreach Training Program Consortium Model

    OSHA's Directorate of Training and Education (DTE) is considering 
an alternative online model that provides safeguards against some of 
the issues facing the existing model. This approach is referred to as 
the Online Outreach Training Program Consortium Model (Model). Under 
this Model, a consortium would be a voluntary agreement between 
interested organizations, as opposed to a contract or non-financial 
cooperative agreement.
    Under this approach, OSHA would not limit the number of consortiums 
that could provide online training. Instead, a consortium would be 
authorized to provide online training if it met OSHA's requirements to 
become an authorized consortium.
    Authorized consortiums would consist of either three or four 
collaborators, who would enter into a consortium agreement. Each 
collaborator would have designated responsibilities detailed in the 
agreement. The consortium agreement would outline technical, 
curriculum, and program responsibilities.
    Consortiums with three collaborators would include OSHA, an OTI 
Education Center, and an online provider. Consortiums with four 
collaborators would include OSHA, an OTI Education Center, an online 
provider, and a stakeholder.
    Under the model, the OTI Education Center would have oversight and 
student course completion card processing responsibilities for the 
consortium. The online provider would typically be the course content 
developer, provider of the training, and advisor on the technical 
aspects of offering online training. The stakeholder would be an 
organization (e.g., a labor union or employer) that is interested in 
developing and offering online Outreach training to only its members or 
employees. The stakeholder would most likely enter into the agreement 
as a fourth member, rather than an online provider, because the 
stakeholder would likely not have the information technology experience 
and resources to act as an online provider. Section III contains a 
description of each consortium member's responsibilities.
    Whether the consortium is comprised of three or four collaborators, 
OSHA would require that all actions taken by an authorized consortium 
be consistent with OSHA requirements. OSHA also would have final 
programmatic authority over the consortium and its members. OSHA would 
review the consortium agreement and ensure the agreement is in 
compliance with Outreach Training Program requirements. These 
requirements would include, for example, the existing OSHA Outreach 
Training Program Requirements and Outreach Training Program Industry 
Procedures, as well as a new OSHA Directive for Online Outreach 
Training Program Consortiums that OSHA would develop if it adopted the 
consortium model. In addition, OSHA would have final authority over 
termination and expiration of consortium agreements.

III. Request for Information, Data, and Comments

    OSHA would like data, information, and comments on the below 
questions. Commenters are asked to clearly delineate which question 
number related to their comment(s) or other submission(s) is intended 
to address.

A. OSHA's Current Model for In-Classroom and Online Delivery of OSHA 
Outreach Training

    A.1. What are the benefits to the current model?
    A.2. Are there any issues associated with the current model other 
than those discussed by OSHA in this Request for Information? If so, 
please list these additional issues. Provide details and examples where 
possible.

B. Modifying the Current Online Outreach Training Program Model

    B.1. Are there any approaches that OSHA should consider adopting 
other than the consortium approach (for example, the competitive 
approach described in footnote 2 of this RFI)?
    [ssquf] If you believe OSHA should adopt another approach, please 
describe the alternative approach and explain why you believe it should 
be adopted.
    [ssquf] If you believe OSHA should leave the existing application 
process in place or, alternatively, that OSHA should adopt the 
consortium approach, please explain why.
    B.2. What are the benefits of the consortium approach?
    B.3. What are the weaknesses of the consortium approach?
    B.4. Does online delivery of the Outreach Training Program 
effectively meet OSHA's mission to educate the public on workplace 
hazards? If so, please explain why. If not, explain why not, and also 
outline methods of educating the public on workplace hazards you 
believe would effectively meet OSHA's mission.

C. Scope of Online Offerings

    OSHA is considering requiring consortiums to offer the 10-hour and 
30-hour OSHA Outreach Training Program courses for each of the 
following three industries: Construction, general, and maritime 
industries (i.e., a total of three separate 10-hour courses and three 
separate 30-hour courses).
    C.1. Do you believe a requirement that consortiums offer the 10-
hour and 30-hour OSHA Outreach Training Program courses for each of 
these three industries (construction, general, and maritime) would pose 
a challenge to online providers? If so, please explain the nature of 
those challenges.

[[Page 53757]]

    C.1.a. If you believe there are challenges, how can these 
challenges be resolved?
    C.1.b. Can OSHA resolve these challenges? How? Please explain.
    C.1.c. Can online providers resolve these challenges? How? Please 
explain.
    OSHA is considering requiring consortiums to offer the 10- and 30-
hour OSHA Outreach Training Program courses in languages other than 
English.
    C.2. Do you believe the OSHA Outreach Training Program classes 
should be offered in languages other than English?
    C.2.a. If so, what challenges do you foresee with developing OSHA 
Outreach Training Program classes in languages other than English?
    C.2.b. Can the consortium collaborators resolve these challenges? 
How? Please explain.

D. Delineating Consortium Collaborator Distinctions Under the 
Consortium Model

    To prevent conflicts of interest, the appearance of conflicts of 
interest, or self-dealing, OSHA is considering prohibiting consortium 
collaborators from serving in a `dual-role' within the same agreement. 
That is, OSHA would require that each partner in a consortium agreement 
be a separate, distinct entity, filling a specific collaborator role 
within that agreement, and an OTI Education Center could not serve as 
both the OTI Education Center collaborator and the online provider 
collaborator within the same consortium. Thus, if OTI Education Center 
A wishes to be an online provider collaborator, OTI Education Center A 
would have to enter into a consortium agreement with a different OTI 
Education Center (e.g., OTI Education Center B), which would serve as 
the sole OTI Education Center collaborator for that consortium. OTI 
Education Center A could also serve as the OTI Education Center 
collaborator in a separate consortium or consortiums.
    D.1. Do you agree that consortium collaborators should be 
restricted to filling only one partner role within the same consortium 
agreement? Why or why not?
    D.2. How broadly should OSHA define the term ``separate, distinct 
entity?'' Should a subsidiary component of a parent organization (for 
example, a subsidiary business, franchise, or division, or a distinct 
department within a college or university) be considered a ``separate, 
distinct entity'' from other subsidiary components of the same parent 
organization? Why or why not?
    D.3. Are there any additional restrictions OSHA should consider or 
incorporate to prevent conflicts of interest, the appearance of 
conflicts of interest, or self-dealing?

E. Responsibilities of the OTI Education Center Under the Consortium 
Model

    Under the Consortium Model, the OTI Education Center (a required 
consortium collaborator) would have oversight and processing 
responsibilities. Thus, the OTI Education Center would:
    [ssquf] Oversee course curriculum and content. This might include 
curriculum development, and/or curriculum evaluation, and audits of 
online training delivery. The OTI Education Center could also act as a 
content advisor.
    [ssquf] Conduct monitoring (through, for example, record audits and 
training observations) of the authorized Outreach trainer(s) that 
work(s) for the online provider.
    [ssquf] Process Outreach Training Program Reports (OTPRs) and 
requests for 10- and 30-hour Outreach student course completion cards.
    [ssquf] Oversee online providers to ensure compliance with OSHA 
requirements. These requirements include, for example, the existing 
OSHA Outreach Training Program Requirements and Outreach Training 
Program Industry Procedures, as well as a new OSHA Directive for Online 
Outreach Training Program Consortiums that OSHA would develop if it 
adopted the consortium model.
    E.1 Do you agree that the OTI Education Center should have the 
responsibilities listed above under the consortium model?
    [ssquf] If so, do you believe OSHA has adequately stated all 
responsibilities the OTI Education Center should have? Please explain.
    [ssquf] Explain any other, or different, responsibilities you think 
the OTI Education Center should have.

F. Responsibilities of the Online Provider Under the Consortium Model

    Under the Model, the online provider (a required consortium 
collaborator) would typically be the course content developer, 
provider, and advisor on the technical aspects of online training. 
Thus, the online provider would be responsible for:
    [ssquf] Technical aspects, including system capabilities and 
requirements, system controls, data security and privacy, user 
authentication, and IT customer support.
    [ssquf] Curriculum and training content, including development and 
delivery method, along with ensuring training content is current, 
relevant, and complies with OSHA Outreach Training Program requirements 
and procedures and industry-specific procedures.
    [ssquf] Program management, including administering registration, 
maintaining records (e.g., student training record retention), 
reporting training to and requesting Outreach student course completion 
cards from the OTI Education Center, ensuring compliance with 
geographic jurisdiction and authorized Outreach trainer status 
requirements; collecting tuition and fees, and providing customer 
service. Program management would also include hosting registration and 
other student records on a Shareable Content Object Reference Model 
(SCORM) or Aviation Industry CBT Committee (AICC) compliant Learning 
Management System (LMS).\3\
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    \3\ Electronic learning (e-learning) software applications use 
industry-recognized technical standards to ensure interoperability 
between online learning content and learning management systems 
(LMS). Both SCORM and AICC are technical specifications widely 
accepted within the e-learning community. OSHA training content is 
SCORM-compliant.
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    [ssquf] Establishment and maintenance of a permanent website 
landing page dedicated solely to the online provider's authorized 
online Outreach course/class offerings. This requirement would not 
limit or restrict the provider's ability to use media other than the 
landing site (e.g., other websites) to market or advertise either OSHA-
authorized Outreach courses or other occupational safety and health 
training available through the provider. Rather, the landing page would 
serve as a one-stop portal or point of entry for the public to access 
OSHA-authorized online Outreach training. OSHA might also require that 
the landing page contains copies of the OSHA approval documents 
authorizing the course, or other verification mechanisms (hyperlinks to 
https://www.osha.gov), to assure the public of the authenticity of the 
course.
    F.1. Do you agree that the online provider under the Model should 
have the responsibilities listed above?
    [ssquf] If so, do you believe OSHA has adequately stated all 
responsibilities the online provider should have? Please explain.
    [ssquf] Explain any other, or different, responsibilities the 
online provider should have.
    [ssquf] What common elements should be required on an authorized 
online provider-landing page?
    [ssquf] What additional verification mechanisms that demonstrate 
the training is recognized as an OSHA

[[Page 53758]]

Outreach Training Program should OSHA consider requiring online 
providers to make available to interested students?

G. Responsibilities of OSHA Under the Consortium Model

    Under the Model, OSHA (a required consortium collaborator) would 
have final authority over the consortium and its partners in accordance 
with OSHA requirements. Requirements include, for example, the existing 
OSHA Outreach Training Program Requirements and Outreach Training 
Program Industry Procedures, as well as a new OSHA Directive for Online 
Outreach Training Program Consortiums that OSHA would develop if it 
adopted the consortium model. Thus, OSHA would:
    [ssquf] Be responsible for approving and authorizing consortiums 
providing online training.
    [ssquf] Conduct monitoring and investigations of all consortium 
members to ensure compliance with OSHA Outreach Training Program 
requirements and procedures.
    [ssquf] Have authority to take corrective action and adverse action 
(up to and including dissolution of the consortium) for violations of 
OSHA requirements.
    [ssquf] Design, develop, and host the sole, official dedicated page 
on the OSHA website, that is clearly identifiable and easily accessible 
to the public, to direct and link the public to a comprehensive list of 
all OSHA-authorized online Outreach training providers.
    G.1. Do you agree that OSHA should have the responsibilities listed 
above under the consortium model?
    [ssquf] If so, do you believe OSHA has adequately stated all the 
responsibilities OSHA should have? Please explain.
    [ssquf] Explain any other, or different, responsibilities you think 
OSHA should have.

H. Responsibilities of the Optional Stakeholder Under the Consortium 
Model

    Under the Model, the Stakeholder (an optional consortium 
collaborator) would be an organization (e.g., a labor union or 
employer) that is interested in developing and offering online Outreach 
training to only its members or employees. Thus, a stakeholder, if 
there is one, would:
    [ssquf] Develop and/or review curriculum content specific to its 
industry/organization. The stakeholder might develop the industry-
specific or targeted audience curriculum, collaborate with, or act as 
an advisor to, the online provider who would develop the content.
    [ssquf] Ensure only the stakeholder's members or employees have 
access to the training.
    [ssquf] Oversee all elements of student training.
    H.1. Do you agree that the optional stakeholder should have the 
responsibilities listed above under the consortium model?
    [ssquf] If so, do you believe OSHA has adequately stated all the 
responsibilities the optional stakeholder should have? Please explain.
    [ssquf] Explain any other, or different, responsibilities you think 
the optional stakeholder should have.

I. Termination of Consortium Agreements

    Under the consortium model, OSHA might permit any member of a 
consortium to request OSHA to terminate the agreement. For example, a 
consortium member might request OSHA to terminate the agreement because 
of non-compliance by one or more members. After an investigation, OSHA 
would determine whether to terminate the consortium agreement. OSHA 
would terminate the agreement in accordance with the procedures it 
adopts for dissolution of consortiums.
    I.1. Do you agree with OSHA's intent to allow any member to request 
OSHA to terminate a consortium agreement?
    [ssquf] If so, please explain.
    [ssquf] If no, please explain why a termination provision is not 
recommended.
    I.2. Under what conditions should OSHA terminate a consortium 
agreement? Should OSHA terminate an agreement whenever any consortium 
member requests termination regardless of the reason? Should some 
requests for termination be rejected depending on which member requests 
termination or the reason given for the request? Should some reasons be 
cause for termination if proffered by certain members but not by 
others? Please explain.
    I.3. What concerns/issues may arise with terminating a consortium 
agreement prior to its expiration date? Please explain.

J. Expiration Dates of Consortiums

    OSHA is considering requiring each consortium agreement to have an 
initial expiration date of one or two years from the date of the 
agreement. OSHA might permit consortium members to renew the agreement 
in up to five (5) year increments.
    J.1. Should there be an initial expiration date for consortium 
agreements? Please explain.
    J.2. If you believe there should be an initial expiration date for 
consortium agreements, what should the initial expiration date be? 
Please explain.
    J.3. Should OSHA allow agreements to be renewed? Please explain.
    J.4. If you believe OSHA should allow agreements to be renewed, 
what should be the renewal period? Please explain.

K. Whether OSHA Should Adopt Minimum Technical Specifications for 
Online Delivery of Training Content

    OSHA is considering minimum technical requirements for online 
delivery of OSHA Outreach classes to ensure accessibility and 
consistently reliable delivery of training to end users. These minimum 
technical requirements might follow training and industry best 
practices for online delivery, while permitting providers the 
flexibility to leverage emerging technologies. OSHA would have final 
approval of consortium partners' recommendations for technology 
changes. OSHA is considering minimum technical requirements in several 
areas, including online provider system requirements and capabilities, 
system controls, and user authentication.
Online Provider System Requirements and Capabilities
    OSHA is considering requiring online providers to:
    [ssquf] Ensure bandwidth is sufficient for a large volume of users.
    [ssquf] Ensure selected web-authoring tools have the capability to 
program and publish responsive courseware to accommodate a variety of 
electronic devices and operating system software.
    K.1. Are the above system requirements and capabilities reasonable 
and sufficient? Please explain.
    K.2. What additional online provider system requirements and 
capabilities are needed or should be considered? Please explain.
System Controls
    OSHA is considering requiring online providers to incorporate 
specific system controls in their course offerings, including but not 
limited to, the following:
    [ssquf] Ensuring OSHA-required instructional contact times (seat 
times) are met (e.g., ensuring both minimum contact time(s) for topics 
and overall course instructional time(s) are met; requiring a system 
time-out after the student is inactive for a specific period of time; 
and establishing a maximum of 7.5 hours of online training per 24-hour 
period).
    [ssquf] Using lockout mechanisms to ensure compliance with OSHA 
requirements (e.g., ensuring training

[[Page 53759]]

does not exceed 6 months and students cannot access training from 
geographic exclusion areas).
    [ssquf] Ensuring users do not save, download, or conduct screen 
captures of training content and testing screens.
    [ssquf] Incorporating system controls that detect and prevent 
program intrusions, hacks, or workarounds. OSHA believes these system 
controls are especially important because workarounds, such as video 
clips that show how to circumvent training sessions, have been posted 
on public social media and other websites.
    [ssquf] Prioritizing and ensuring user data security and privacy, 
and having a written policy that explicitly prohibits selling or 
transferring student information or data.
    [ssquf] Ensuring bookmarking functions and course mapping access 
are operational.
    K.3. What system controls exist to ensure the above requirements? 
Please provide as much detail as possible. Also, please indicate 
whether the system controls listed in your response are industry-
recognized.
    K.4. Are there any weaknesses or vulnerabilities in the system 
controls you discussed in question K.3.?
User Authentication
    OSHA is considering requiring online providers to incorporate 
Multi-Factor Authentication (MFA) mechanisms for access to online 
Outreach courses, and requiring end users to complete periodic MFA 
checks throughout training delivery sessions. OSHA might also require 
that MFA mechanisms meet industry best practices; that MFA ensures end 
users' digital identity verification measures adhere to stringent 
standards; and that MFA ensures training is completed by the student, 
and not a surrogate.
    K.5. What level of MFA is appropriate for online Outreach classes 
(e.g., banking, healthcare, retail business purchases, other)? Please 
explain.
    K.6. What organization(s) should determine industry best practices 
or certify MFA integrity? For example, should MFA criteria set by the 
National Institute of Standards and Technology (NIST) be employed to 
determine industry best practices? Should MFA integrity be certified by 
NIST? Are there any other organizations that should determine industry 
best practices or certify MFA integrity? Please explain.

L. Whether OSHA Should Adopt Requirements for Validating Online 
Curriculum and Training Content

    OSHA is considering requirements to ensure online training under 
the Model is consistent with OSHA Outreach Training Program 
requirements, procedures, and policies, and that authorized training 
programs are revised in a timely manner when program or agency 
requirements or policies change. These provisions would include, but 
not be limited to, the following:
Maintaining Curriculum Content
    OSHA is considering requiring online providers and stakeholders to 
be accountable for ensuring online training content is current, 
relevant, and compliant with current Outreach Training Program 
requirements and industry-specific procedures.
Timelines and Processes To Ensure Content/Curriculum Is Updated as OSHA 
Implements Policy Changes
    OSHA currently requires authorized Outreach trainers to adhere to 
routine policy changes within 90 days of a requirement and procedure 
release date. Cases of emergent or priority policy changes may require 
more immediate implementation. For example, OSHA revised the mandatory 
Introduction to OSHA training module to reflect new reporting 
requirements in OSHA's recordkeeping standard, 29 CFR part 1904 
(including, for example, a new requirement to report instances of 
workplace amputations within 24 hours of finding out about them), and 
subsequently directed Outreach trainers to begin delivering that 
revised content in an accelerated timeframe. OSHA regularly provides 
course updates, revisions, and program policy and procedures that 
include timeframes and implementation dates for instructor-led 
training. OSHA is considering similar requirements for online providers 
and stakeholders.
    L.1. Is 90 days a reasonable time for an online provider and 
stakeholder to update/revise curriculum content to stay in compliance 
with routine policy changes? Please explain.
    L.2. What accountability mechanisms or approach should OSHA 
consider to ensure training content is current, relevant, and compliant 
with agency timeframes? Please explain.
    L.3. What timeframes are reasonable for implementation of 
immediate, priority, or emergent program or policy changes? Should 
OSHA's timeframes for immediate, priority, or emergent program or 
policy changes be set on a case-by-case basis (depending on the 
particular priority or emergency)? Please explain.
Student Assessment Strategies
    OSHA is considering requiring online providers and stakeholders to 
be accountable for ensuring online learning courses assess student 
achievement of the learning objectives. If OSHA adopts such 
requirements, OSHA is considering requiring that practice and test 
questions/items be programmed as follows:
    [ssquf] Practice questions would be required; therefore, they would 
need to be programmed so students cannot advance through the course 
without providing the correct answer. Additionally, these items would 
need to be programmed to provide immediate feedback to students for 
both correct and incorrect responses. Students would need to be able to 
determine how they are doing in the course. Note that because this 
would be part of the learning, the correct answer would need to be 
provided in the feedback prompt to get students back on the right path 
as soon as possible.
    [ssquf] Knowledge test questions at the end of each lesson/module 
would be required. Students would need to achieve a score of 100% to 
successfully complete the online course. Remediation for each question 
would need to be programmed so students could review the topic and 
attempt the knowledge test question again, until answered correctly.
    L.4. Are the strategies listed above sufficient and reasonable to 
ensure achievement of online learning objectives? Please explain.
    [ssquf] For example, is requiring practice questions/items to be 
answered correctly sufficient to help students determine how they are 
doing in the course? Please explain.
    [ssquf] As another example, is requiring a 100% test score a 
sufficient way to confidently measure students' achievement of the 
online learning objectives? Please explain.
    L.5. Are there any student assessment strategies, other than those 
listed above, which can be applied to ensure the achievement of online 
learning objectives? If so, please explain.
Ensuring Appropriate Levels of Interactivity
    OSHA is considering requiring online providers and stakeholders to 
be accountable for ensuring an appropriate level of interactivity is 
incorporated into online training. OSHA could structure this 
requirement around the four levels of interactivity OSHA uses for web-
based training. The below table describes these levels of 
interactivity:

[[Page 53760]]



                         Levels of Interactivity
------------------------------------------------------------------------
                    Level                             Description
------------------------------------------------------------------------
Level I--Passive............................  Student acts solely as a
                                               receiver of information.
                                               Student must read the
                                               text on the screen or
                                               view graphics such as
                                               illustrations, charts,
                                               and graphics and use the
                                               navigational buttons to
                                               progress forward through
                                               the program or move back.
                                              An example of this type of
                                               online product may also
                                               contain pop-ups and
                                               hyperlinks to web sites,
                                               materials, and other
                                               information interspersed
                                               between text and graphic
                                               presentations.
Level II--Limited Interaction...............  Student makes simple
                                               responses to
                                               instructional cues. The
                                               online product includes
                                               learning activities
                                               listed in Level I as well
                                               as multiple choices, drop-
                                               down lists, and labeling.
                                              An example would be an
                                               online product that
                                               includes these types of
                                               test items at the end of
                                               a unit of instruction to
                                               test student's grasp of
                                               the information.
Level III--Complex Participation............  Student makes a variety of
                                               responses using varied
                                               techniques in response to
                                               instructional cues.
                                               Responses would include
                                               those listed for a Level
                                               II--Limited Interaction
                                               as well as text entry
                                               boxes and manipulation of
                                               graphic boxes to test
                                               assessment of the
                                               information presented.
                                              An example is data entry
                                               online training where the
                                               process is displayed and
                                               then the user is
                                               challenged to complete
                                               the process by entering
                                               information into empty
                                               process fields instead of
                                               just selecting from a
                                               multiple choice answer
                                               list.
Level IV--Real Time Participation...........  Student is directly
                                               involved in a life-like
                                               set of complex cues and
                                               responses. This involves
                                               engaging the student in a
                                               simulation that mirrors
                                               the work situation with
                                               stimuli-and-response
                                               coordinated to the actual
                                               environment.
                                              Examples of this type of
                                               online product include
                                               virtual reality, or use
                                               of artificial
                                               intelligence similar to
                                               computer games and flight
                                               simulators.
------------------------------------------------------------------------

    If OSHA adopts this structure for online training, OSHA would 
require online providers to incorporate a certain percentage of higher-
level interactive training (e.g., Level IV as opposed to Level I) into 
online training programs.
    L.6. Is the above structure feasible for ensuring there is 
appropriate interactivity in online courses? Please explain.
    L.7. If you believe the above structure is feasible for ensuring 
there is appropriate interactivity in online courses, what percentages 
should be allotted for each level of interactivity? What percentage of 
the course should be held at Level I? Level II? Level III? Level IV? 
Please explain.
    L.8. Are there levels of interactivity, other than those listed 
above, for ensuring online providers incorporate appropriate 
interactivity in online courses? Please explain.
Ensuring Student Engagement While Meeting Required Training Timeframes
    L.9. Should OSHA consider requiring online providers and 
stakeholders to include additional interactive activities to actively 
engage students who quickly grasp the information to ensure they meet 
minimum required seat times for the 10- and 30-hour courses?
    L. 10. Should there be technical requirements that measure total 
topic activity in a way other than screen time?
Ensuring Adult Learning Principles Direct the Design and Development of 
Content
    An adult learning principle is that adults learn by doing. 
Therefore, OSHA is considering requiring online content to be developed 
using the one-third to two-thirds (\1/3\:\2/3\) instructional strategy 
approach. This approach allows for (\1/3\) of the course to be 
presentation of the learning and (\2/3\) of the course devoted to 
practice of the learning, with feedback to the learner indicating their 
progress. Online content developers/providers would achieve this 
requirement using the Levels of Interactivity described above as a 
guide: Level I for the presentation portion; and Levels II-IV for the 
practice portion.
    L.11. Should OSHA require online content to be designed using 
specific adult learning principles, such as the principle that adults 
learn by doing? Please explain.
    L.12. Is requiring the \1/3\:\2/3\ instructional strategy to 
support an active training method feasible? Please explain.

M. Ensuring Program Management and Strengthening Program Oversight

    OSHA is considering a level of agency oversight of online Outreach 
course delivery comparable to existing agency oversight of instructor-
led, classroom outreach course delivery. Specifically, OSHA is 
considering implementing program rules that are specific to online 
Outreach training in several areas, including, but not limited to 
setting course tuition and card processing fees, prohibiting resellers, 
prohibiting pass through agreements, prohibiting multi-branded 
offerings, and establishing program administrative requirements.
Setting of Course Tuition and Card Processing Fees
    OSHA is not considering setting prices for online Outreach courses. 
Thus, for example, an online provider would be able to set the overall 
price for its online 10-hour general industry Outreach course offered 
by its consortium. OSHA believes however, the fee charged by OTI 
Education Centers for Outreach card processing must be the same for all 
OSHA Outreach Training Program courses, whether those courses are led 
by an instructor in a classroom or taken online. The fee for Outreach 
card processing is currently $8.00 per card (subject to change).
    OSHA is considering enforcing assessment of identical card 
processing fees--whether the cards are received through completion of 
Instructor-Led Training (ILT) or online delivery--regardless of online 
vendor, ILT class provider, or which OTI Education Center processes the 
card request.
    M.1. Should card-processing fees be listed or identified during 
online registration?
    M.2. How can consortium collaborators demonstrate to OSHA that the 
card-processing fee per student complies with program requirements?
Potential Prohibition on Resellers, Pass Through Agreements, Multi-
Branded Offerings
    OSHA is concerned that certain practices could result in confusion 
among customers as to the origin and content of online courses. OSHA is 
considering adopting requirements that would reduce this confusion, 
including, for example, prohibiting the use of reselling, pass through 
agreements, and multi-branded offerings. Reselling and pass through 
agreements allow a student to purchase and access an online course 
through a secondary party or secondary-tiered provider (i.e., the 
reseller, which in this context, might include any entity (e.g., an 
affiliate or business partner)

[[Page 53761]]

other than the online provider or stakeholder itself, or any websites 
operated by such entities). Multi-branded offerings include OSHA 
Outreach-like training that is similar, but not equivalent, to OSHA 
Outreach Training Program training. Multi-branded offerings do not 
result in the student receiving a legitimate 10- or 30-hour Outreach 
course completion card.
    M.3. Do you agree the practices discussed above generate confusion 
for members of the public who wish to complete online OSHA Outreach 
Training Program classes? Should OSHA prohibit these practices? Please 
explain.
    M.4. Should OSHA consider incorporating requirements and other 
controls to limit public misinformation or confusion? Please explain.
    M.5. What actions should OSHA take against consortium partner 
practices that mislead the public? Please explain.
Program Administrative Requirements
    OSHA is considering requiring online providers to establish and 
implement policies and procedures for administration of the Online 
Outreach Training Program. For example, OSHA might require online 
providers to establish and implement policies and procedures for: 
Hosting online courses in a capable Learning Management System; 
retaining student training records; compiling, collating, and 
submitting training reports and other information or data; requesting 
Outreach student course completion cards; administering the online 
training registration process; ensuring compliance with geographic 
jurisdiction requirements; and monitoring user experience.\4\
---------------------------------------------------------------------------

    \4\ OSHA Outreach Training Program classes may generally only be 
conducted in training locations within the geographic jurisdiction 
of the Occupational Safety and Health (OSH) Act. The geographic 
jurisdiction of the OSH Act is limited to the 50 U.S. States, the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, Wake Island, Outer Continental Shelf Lands defined 
in the Outer Continental Shelf Lands Act, and Johnston Island.
---------------------------------------------------------------------------

    OSHA is also considering requiring customer service to be the 
responsibility of the online provider through its authorized Outreach 
trainer(s). To ensure satisfactory customer service, OSHA is 
considering requiring responses to inquiries about the following types 
of issues within 24 hours: Technical support; course curriculum; and 
Outreach student course completion cards.
    M.6. Do you agree OSHA should institute the program administrative 
requirements listed above? Please explain.
    M.7. What are industry best practices for a capable Learning 
Management System? Please explain.
    M.8. What policies and procedures for a capable Learning Management 
System should OSHA require? Please explain.
    M.9. What policies and procedures for student record retention 
should OSHA require? Please explain.
    M.10. What types of training reports (e.g., reports on the number 
of students trained, number of classes offered, average course 
completion rates, etc.) will best serve the interests of the 
consortium? Please explain.
    M.11. What policies and procedures for requesting Outreach student 
course completion cards should OSHA require? Please explain.
    M.12. What policies and procedures for online training registration 
process should OSHA require? Please explain.
    M.13. What policies for ensuring training complies with geographic 
jurisdiction requirements should OSHA require? Please explain.
    M.14. What policies and procedures for ensuring timely and high 
quality customer service should OSHA require? Please explain.

N. Additional Information

    OSHA has listed within this RFI the majority of issues the agency 
has encountered with the current model of delivering online OSHA 
Outreach Training Program courses, described an alternative to the 
current model OSHA is considering, and also described additional 
requirements OSHA is considering placing on the provision of online 
Outreach Training Program training. The information OSHA discussed in 
this Request for Information is not intended to be all-inclusive and 
may not address all public or stakeholder concerns.
    N.1. Is there any additional information, or are there any public 
or stakeholder concerns, not contained in this RFI, that OSHA should 
consider? If so, please explain.

IV. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice pursuant to 29 U.S.C. 653 and 670(c)(1), and Secretary's Order 
1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed in Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-21943 Filed 10-7-19; 8:45 am]
BILLING CODE 4510-26-P


