On June 18, 2009, the United States Government Accountability Office (GAO) released a report finding that OSHA lacks sufficient internal controls and oversight to ensure that only qualified worksites participate in its Voluntary Protection Program (VPP). OSHA created the VPP in 1982 to recognize worksites with exemplary safety and health programs. For a worksite to participate in the VPP, it must maintain a low injury and illness rate compared to the average rate for its industry. 

GAO’s report focused on three objectives: (1) identifying the number and characteristics of employer worksites in the VPP and factors that have influenced program growth; (2) determining the extent to which OSHA ensures that only qualified worksites participate in the VPP; and (3) assessing the adequacy of OSHA’s efforts to monitor performance and evaluate the effectiveness of the VPP.   

First, the GAO report found that the number of employer worksites in the program has more than doubled from 1,039 worksites in 2003 to 2,174 in 2008. The report highlighted two factors that influenced the growth of the program: (1) OSHA’s emphasis on expanding the program by establishing targets for the number of new VPP worksites that each region must approve each year; and (2) outreach efforts by employers seeking to join the program and VPP participants approaching other employers.  

Second, GAO found that OSHA’s internal controls do not ensure that only qualified worksites participate in the VPP. In particular, the report cited the lack of a policy requiring regions to document their response to fatalities and serious injuries at VPP sites. GAO found that no documentation existed in connection with the assessment of the safety and health systems of 30 VPP sites where 32 fatalities occurred from January 2003 to August 2008 and whether these sites should remain in the program. It also observed that OSHA lacks sufficient oversight to ensure that its regions comply with VPP policies for conducting on-site reviews and verifying VPP worksites’ injury and illness rates. 

Third, the GAO report found that OSHA has not adequately assessed the performance or effectiveness of the VPP. In particular, it noted that OSHA has not developed performance goals or measures to assess the program. In addition, while OSHA conducted a study to evaluate the program’s effectiveness, GAO considered the study flawed because the participation rate was low and the data reported by participants was not validated.

GAO made three recommendations to OSHA to improve its VPP: (1) develop a documentation policy regarding information on follow-up actions taken by OSHA’s regional offices in response to fatalities and serious injuries at VPP sites; (2) establish internal controls that ensure consistent compliance by the regions with OSHA’s VPP policies for conducting on-site reviews and monitoring injury and illness rates so that only qualified worksites participate in the program; and (3) establish a system for monitoring the performance of the VPP by developing specific performance goals and measures for the program. 

Prior to the report’s release, OSHA had submitted a response to a draft report it received from GAO. In its response, OSHA stated it shares the concerns addressed by the first two recommendations and is committed to develop better documentation requirements and strengthen internal controls to ensure consistent compliance with VPP policies and procedures. With respect to the third recommendation, OSHA stated that injury and illness rates must be a meaningful part of any program evaluation, but OSHA will continue to identify and refine other VPP performance measures.