PROPOSED RULEMAKING
[7 PA. CODE CH. 138j]
Farm Safety and Occupational Health Developmental and Instructional Program
[30 Pa.B. 776] The Department of Agriculture (Department), under the specific authority conferred by sections 5 and 6 of the Farm Safety and Occupational Health Act (act) (3 P. S. §§ 1905 and 1906) proposes to adopt Chapter 138j (relating to Farm Safety and Occupational Health Developmental and Instructional Program) (Program). Section 5 of the act delineates the duties of the Secretary of Agriculture (Secretary) and directs the Secretary to ''. . . adopt and promulgate any regulations which may be necessary to implement and administer the act.'' Section 6(c)(1) of the act allows the Secretary to establish a grant program for the purpose of awarding grants to the Pennsylvania Fire Academy, public and private colleges and universities, community colleges and vocational and technical schools which provide technical courses of instruction in farm safety and occupational health to emergency service providers and the farm community or which develop farm safety and occupational health training programs for implementation by the Department. Section 6(d) of the act requires the Secretary to adopt and promulgate regulations to govern the awarding of grants under section 6 of the act.
The proposed regulations establish the procedures governing the submission, processing and review of grant applications. In addition, this proposed chapter sets forth the documentation required to accompany the applications, eligibility criteria, criteria for determining grant amounts and verification, cancellation, notification and reporting requirements.
Background
This Commonwealth's approximately 51,000 farms are the foundation of a $35 billion industry, employing over 650,000 workers in farming and related services, food processing and food wholesale and retail sales. The National Safety Council reports agriculture as this Nation's most hazardous industry with a work death rate 22% higher than the second most hazardous industry, mining and quarrying. Farming accounts for over 80% of agriculture's injury toll. From 1990 through 1995, at least 249 Commonwealth citizens have lost their lives to hazards associated with farming. The victims included 17 infants, toddlers and preschoolers--all under 5 years of age. Another 29 victims were at least 75 years of age. The oldest was 89 years of age. In 1994, a Statewide survey showed one in every ten farm operations in the State had at least one recordable work-related injury. Even more startling was that approximately 5% of those injuries resulted in some type of permanent disability to the victim. The numbers evidence the need for farm safety and occupational health programs. In 1994 alone, there was a total of 5,100 injuries and 250 permanent disability injuries related to farming.
The act bestows upon the Secretary the authority to establish a grant program to provide grants of up to $30,000 to organizations, colleges, universities and vocational and technical schools which provide technical courses in farm safety and occupational health. The purpose of this Program is to provide funding for technical and educational programs, directed toward the farm community, which will increase awareness of potential farm hazards and provide information and technical support intended to facilitate avoidance and elimination of these hazards. This Program will compliment the Farm Safety and Occupational Health Grant Program, which exists as a statement of policy in Chapter 138g, but will be supplanted by regulations that are currently in the proposal stage. (Editor's Note: For text of the proposed rulemaking concerning Chapter 138k (relating to Farm Safety and Occupational Health Grant Program, see 30 Pa.B. 781 (February 12, 2000).)
Therefore, in the interest of continuing to carry out its statutory duties and promoting the development and implementation of technical and educational farm safety programs that benefit the farming community, the Department has promulgated this proposed rulemaking. This proposed rulemaking is intended to establish reasonable guidelines, standards, criteria and procedures for the administration and implementation of grants under the Program.
Summary of Major Features
Proposed § 138j.1 (relating to authority) delineates the Secretary's authority to establish this Program and sets forth the Secretary's power and duty to adopt and promulgate regulations to govern the awarding of grants under section 6 of the act.
Proposed § 138j.2 (relating to program objectives) sets forth that the objective of this grant Program is to fund the development and implementation of programs which will increase the awareness of farm safety and occupational health issues among the farm community. The awarding of the grant moneys are on a funds available basis and through a competitive application process.
Proposed § 138j.3 (relating to definitions) defines various recurring terms such as ''farm,'' ''farm laborers,'' ''members of farm families,'' ''emergency service provider'' and ''project.''
Proposed § 138j.4 (relating to limitations on grants) describes the type of organization and project which is eligible for a grant award. This section specifically delineates that eligible applicants may be awarded financial assistance in amounts of up to $30,000. This section also sets forth restrictions on the use of grant funds.
Proposed § 138j.5 (relating to general conditions) provides that a grant recipient is required to sign a grant agreement and sets forth default, verification and failure to verify provisions.
Proposed § 138j.6 (relating to applications generally) provides that an eligible applicant shall submit an application prepared by the Department and provides information regarding how to obtain an application and who to contact for assistance. This section notifies the applicant that additional information may be requested by the Secretary and that the application deadline will be October 31, of the year preceding the fiscal year in which the grant funds are sought.
Proposed § 138j.7 (relating to processing of applications) describes the procedure for processing applications and delineates review and approval powers of the Secretary and the Board. This section sets forth processing requirements for applications which are incomplete or contain inaccurate information.
Proposed § 138j.8 (relating to review of application) delineates the specific information that must be included in a grant application, defines applicant eligibility requirements and sets forth the factors to be considered by the Secretary in selecting grant recipients.
Proposed § 138j.9 (relating to conflicts of interest) sets forth the legal provisions a Board member shall follow to avoid a conflict of interest, when the Board member or his agent or employe is a grant applicant.
Proposed § 138j.10 (relating to notice of disposition of applications) sets forth type of notice required and the time periods for notification.
Proposed § 138j.11 (relating to recordkeeping) describes the type of records which shall be kept by the grant recipient and the time period for which those records shall be kept. This section also provides for inspection and audit of those records by the Department.
Proposed § 138j.12 (relating to grant cancellation) provides for the cancellation of a grant when funds are not being or have not been spent in accordance with the grant agreement or these regulations.
Proposed § 138j.13 (relating to right of recovery) sets forth the Department's right to make a claim for grant money not expended in accordance with the act, the grant agreement or the regulations.
Proposed § 138j.14 (relating to deficits) provides that the Department's financial obligation is limited to the amount of the grant.
These proposed regulations set forth the basic process by which the Department may exercise its administrative discretion with respect to the expenditure of the funds appropriated to it by the General Assembly for Farm Safety and Occupational Health Programs.
Fiscal Impact
Commonwealth
The proposed regulations will impose minimal costs and have minimal fiscal impact upon the Commonwealth, including projected increases in program costs. The Department has an appropriation for use in developing the various farm safety and occupational health grant programs allowed under section 6 of the act. The Secretary with the advice of the Board will determine the amount of funds to allocate to each grant program promulgated under section 6 of the act.
Political Subdivisions
The proposed regulations will impose no costs and have no fiscal impact upon political subdivisions.
Private Sector
The proposed regulations will impose minimal costs on those organizations who are interested in applying for grant moneys. The costs which may be associated with the regulations would involve the time spent to obtain and fill out a grant application. Organizations receiving grants would benefit by receiving funds to cover all or part of the costs associated with developing or developing and implementing the projects set forth in their grant application. The private sector will also benefit through the realization of reduced health care and occupational costs associated with educational and preventative programs such as those espoused by the act and these proposed regulations.
General Public
The proposed regulations will impose no costs and have no fiscal impact on the general public. The farm community and the general public should benefit through the reduction of health care and occupational costs which are likely to be associated with educational and preventative programs such as those espoused by the act and these proposed regulations.
Paperwork Requirements
The proposed regulations will not result in an appreciable increase of paperwork. The Department will have to develop a grant application form and a grant agreement to administer the Program. However, the administrative provisions of the Program are very similar to the administrative provisions of the Farm Safety and Occupational Health Grant Program and the Department has already developed a grant application form and grant agreement for use in administering the Farm Safety and Occupational Health Grant Program and has administered that program, under Chapter 138g, since 1996.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 31, 2000, the Department submitted a copy of these proposed regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Agriculture and Rural Affairs Committee and the Senate Agriculture and Rural Affairs Committee. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1996-1 (Regulatory Review and Promulgation). A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has an objection to any portion of the proposed regulations, it will notify the Department within 10 days after the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Contact Person
Further information is available by contacting the Department of Agriculture, Farm Safety and Occupation Health Grant Program, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attn: John Tacelosky (717) 772-5217.
Effective Date
These proposed regulations will be effective upon final publication in the Pennsylvania Bulletin.
SAMUEL E. HAYES, Jr.,
SecretaryFiscal Note: 2-122. (1) General Fund; (2) Implementing Year 1999-00 is $40,000; (3) 1st Succeeding Year 2000-01 is $40,000; 2nd Succeeding Year 2001-02 is $40,000; 3rd Succeeding Year 2002-03 is $40,000; 4th Succeeding Year 2003-04 is $40,000; 5th Succeeding Year 2004-05 is $40,000; (4) Fiscal Year 1998-99 $N/A; Fiscal Year 1997-98 $N/A; Fiscal Year 1996-97 $N/A; (7) Farm Safety; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V-C. FARMLAND AND FOREST LAND
CHAPTER 138j. FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS Sec.
138j.1. Authority. 138j.2. Program objectives. 138j.3. Definitions. 138j.4. Limitation on grants. 138j.5. General conditions. 138j.6. Applications. 138j.7. Processing of applications. 138j.8. Notice of disposition of application. 138j.9. Review of applications. 138j.10. Conflict of interest. 138j.11. Recordkeeping. 138j.12. Grant cancellation. 138j.13. Right of recovery. 138j.14. Deficits. § 138j.1. Authority.
The act bestows upon the Secretary of Agriculture of the Commonwealth, the power and duty to ''. . . administer the provisions of this act and . . . adopt and promulgate any regulations which may be necessary to implement and administer this act'' (3 P. S. § 1905). In addition, section 6(c)(1) of the act (3 P. S. § 1906(c)(1)) allows the Secretary to establish a grant program to provide financial assistance to certain groups, academies, institutions, colleges and schools which implement or develop farm safety projects that comply with the criteria delineated in the act. Section 6(d) of the act directs the Secretary to adopt and promulgate regulations to govern the awarding of grants.
§ 138j.2. Program objectives.
(a) Purpose. The purpose of the Program is to provide financial assistance to the Pennsylvania Fire Academy, public or private colleges or universities, community colleges, or vocational or technical schools within this Commonwealth, that provide technical courses of instruction in farm safety and occupational health to emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production or which develop farm safety and occupational health training programs for implementation by the Department.
(b) Competitive program. The Program is competitive. Grant applications and related documents will be collected by the Department and reviewed by the Secretary or a designee. Grants will be awarded annually.
(c) Funds available basis. Grants will not be awarded unless funds are available.
§ 138j.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Farm Safety and Occupational Health Act (3 P. S. §§ 1901--1915).
Agricultural production--The production for commercial purposes of crops, livestock and livestock products. The term includes the processing or retail marketing of the crops, livestock or livestock products if more than 50% of the processed or merchandised products are produced by the farmer.
Board--The Farm Safety and Occupational Health Advisory Board.
Department--The Department of Agriculture of the Commonwealth.
Emergency service provider--An employe, agent, member or officer of a paid or volunteer fire company, ambulance service or rescue squad located in this Commonwealth which is regularly engaged in providing emergency medical care and transportation, fire protection services or rescue services.
Farm--Land in this Commonwealth which is being used for agricultural production, including all farm structures, buildings, facilities and farm family residences situated on the land.
Farmer--A person who is engaged in agricultural production for commercial purposes.
Farm laborers--An individual employed by a farmer in raising, cultivating, fertilizing, seeding, planting, pruning, harvesting, gathering, washing, sorting, weighing or handling, drying, packing, packaging, grading, storing or delivering to market in its unmanufactured state, any agricultural commodity as defined in 3 Pa.C.S. Chapter 45 (relating to Agricultural Commodities Marketing) or any farm product as defined in 1 Pa.C.S. § 1991 (relating to definitions).
Members of farm families--Any son, daughter or spouse of a farmer or any lineal relation of the farmer who works on the farm or any collateral relation of the first degree who works on the farm.
Person--An individual, partnership, corporation, association or other form of business enterprise.
Program--The Farm Safety and Occupational Health Developmental and Instructional Program.
Project--A course, training, program, activity or event or the development of such, pertaining to farm safety and occupational health programs delineated in the act and this chapter.
Secretary--The Secretary of Agriculture of the Commonwealth.
Volunteer ambulance services--A nonprofit chartered corporation, association or organization located in this Commonwealth and which is regularly engaged in the services of providing emergency medical care and transportation of patients.
Volunteer fire company--A nonprofit chartered corporation, association or organization located in this Commonwealth which provides fire protection services and other voluntary emergency services within this Commonwealth.
Volunteer rescue squad--A nonprofit chartered corporation, association or organization located in this Commonwealth which provides fire protection services and other voluntary emergency services within this Commonwealth.
§ 138j.4. Limitation on grants.
(a) Financial assistance. The Program will award grants to provide financial assistance of up to $30,000 to the Pennsylvania Fire Academy, public or private colleges or universities, community colleges, or vocational or technical schools within this Commonwealth, that provide technical courses of instruction in farm safety and occupational health to emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production, or which develop farm safety and occupational health training programs for implementation by the Department.
(b) Eligible applicants. Eligible applicants may apply for more than one Program grant per year. However, an eligible applicant may not be awarded more than $30,000 dollars in Program grants in any fiscal year.
(c) Recipient's use of FSDIP grant funds. A recipient of a Program grant may only use the funds to cover the costs of the specific project delineated in the recipient's approved grant application and signed grant agreement.
(d) Eligible projects. Program grants may be awarded to provide financial assistance for implementation or development of the types of projects in section 4(b) of the act (3 P. S. § 1904(b)) and in this chapter.
(e) Additional limitations.
(1) Program grant funds may only be used to provide financial assistance for projects administered within the geographic boundaries of this Commonwealth.
(2) Program grant funds may not be used for or applied to any training, programs, activities, certification or licensing requirements or events pertaining to the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.60) or its attendant regulations. See Chapters 128 and 128a (relating to pesticides; and chemsweep pesticide disposal program--statement of policy).
§ 138j.5. General conditions.
(a) Grant agreement. The recipient of a Program grant shall sign a grant agreement setting forth the amount of the grant and other terms and conditions the Department may reasonably require.
(b) Default. A recipient of a Program grant who fails to abide by the terms of the grant agreement or the act or this chapter shall be in default. In the event of a default, the Secretary may cancel the grant and seek recovery of the grant funds as set forth in § 138j.13 (relating to right of recovery). The Secretary may waive a default, after consultation with the Board, in the event of a physical disability suffered by the recipient or as a result of other extenuating circumstances.
(c) Verification. Within 3 months of the project completion date specified in the grant agreement, the recipient shall submit to the Department a final report which shall include written receipts, records and other pertinent documentation evidencing the project's costs. In addition, a grant recipient shall submit to the Department a final report including pertinent documentation and a narrative report describing the project objectives and accomplishments.
(d) Failure to verify. If the required receipts, records and documentation are not submitted within the 3 month period or a portion of the grant proceeds are not accounted for, the Secretary or a designee may demand the recipient repay the entire amount of the grant or a lesser amount. The demand will be made in writing and delineate the deficiencies in the verification documents. The recipient shall have 30 days, from the receipt of written notice, to remedy the stated deficiencies or payment shall be due within 60 days of the written demand.
§ 138j.6. Applications.
(a) Eligible applicants. The Pennsylvania Fire Academy or an interested public or private college or university, a community college, or a vocational or technical school within this Commonwealth may submit a grant application to the Department.
(b) Obtaining an application and assistance. An application for a grant under this chapter shall be made on a form prepared by the Department. For applications and for assistance, contact the Farm Safety and Occupational Health Grant Program, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110.
(c) Additional information. The Secretary or a designee may require an applicant to submit additional documentation to complete, verify or clarify the application.
(d) Application deadline. Applications for grants under this chapter shall be submitted to the Department by October 31 of each year.
§ 138j.7. Processing of applications.
(a) Review by the Secretary. Upon receipt of an application for a Program grant and the required supporting documentation, the Secretary or a designee will review this information for completeness and accuracy. The Secretary or a designee has the power to approve, approve with special conditions or reject applications and issue grants in accordance with the general considerations and criteria of the act and this chapter. If the Secretary or a designee determines the application is incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, processing of the application will cease until the applicant supplies the requested data. The Secretary or a designee will terminate the processing of an incomplete application when the additional data requested is not supplied within 10 days of the request for the data.
(b) Approval power. The Secretary or a designee may exercise his judgement in approving applications and in determining the distribution of grants so that the widest possible audience becomes acquainted with farm safety and occupational health practices and techniques espoused by the act and this chapter. The Secretary or a designee may impose restrictions or special conditions upon the issuance of a grant.
(c) Board. The Board shall recommend program priorities to the Secretary. Additionally, the Board shall recommend the amount of funds to be allocated for Program grants.
§ 138j.8. Notice of disposition of application.
(a) Applications deemed complete. The Secretary will notify grant applicants within 30 days of receipt of their completed grant application of a decision to approve, approve with special conditions or reject the grant. This notice will be sent by regular mail to the address indicated by the applicant on the grant application. Recipients will receive a grant agreement which shall be executed by the recipient and the Department prior to the release of funds.
(b) Applications deemed incomplete. Within 30 days of receipt of a grant application, the Secretary or a designee will notify the applicant of a decision to reject the grant application or notify the applicant of a deficiency in the grant application and request additional data. If additional data is requested, notification shall be in writing and detail the additional data needed. The Secretary will follow the action prescribed in § 138i.7(a) (relating to processing of applications).
§ 138j.9. Review of applications.
(a) Evaluation. The Secretary or a designee will evaluate an application based on the applicant's eligibility and grant application requirements, as well as the factors set forth in the act and this chapter.
(b) Eligible applicants. To be eligible for a Program grant, the applicant shall provide technical courses of instruction in farm safety and occupational health to emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production or the applicant shall develop a farm safety and occupational health training program for implementation by the Department. Only the following groups, organizations and institutions are eligible to apply for a Program grant:
(1) The Pennsylvania Fire Academy.
(2) A public or private college or university.
(3) A community college.
(4) A vocational or technical school.
(c) Grant application requirements. An application for a Program grant will not be considered by the Secretary or a designee unless the following items are attached:
(1) A detailed description of the project, including objectives and goals to be funded by the grant.
(2) A reasonable and accurate statement of the estimated cost of the project. The statement shall include a separate breakdown of the personnel portion of the costs, the materials portion of the costs and any other necessary or anticipated costs associated with the project. The applicant shall provide any documentation or financial statements available to support the estimated project costs.
(3) A statement regarding the amount of tuition to be charged for the courses.
(4) Information regarding the breadth of the project, including the individuals or groups to be served by the project and the geographic area to be served by the project.
(5) Information regarding the skills, knowledge or experience to be gained from the project.
(6) Documentation regarding the name and location of the applicant administering the project.
(7) A copy of the official organization board minutes when action was taken on the project or a signed statement attesting to the applicant's commitment to the project.
(8) A biographical sketch of the primary persons involved in the project which indicates skills, knowledge, training and prior experience of the persons developing or administering, or both, the project.
(d) Factors. Factors to be considered by the Secretary or a designee in selecting grant recipients include the following:
(1) The relevance of the project to farm safety or rural health issues.
(2) The innovativeness of the project.
(3) The effect the project will have on hazard elimination.
(4) The scope and duration of the project and how it relates to program components in section 4(b) of the act (3 P. S. § 1904(b)).
(5) The number and type of people or groups who will be affected by the project. A project which involves a wide range of age groups, encourages cooperation between existing community groups and organizations and provides incentives for new groups or organizations to become involved in farm safety and occupational health programs and training will be given priority.
(6) The impact of and the value and benefits bestowed upon the agricultural community by the project.
(7) The continual and progressive nature of the project and the benefits and knowledge to be gained therefrom.
(8) The value to the emergency providers.
(9) Whether the applicant has been the recipient of a Program grant within the same year.
(10) The availability of funding to the applicant from a source other than the Program.
(11) The amount of tuition the applicant intends to charge for the courses.
(12) The priorities as the Secretary, in consultation with the Board, set in accordance with section 4(c) of the act.
§ 138j.10. Conflict of interest.
A member of the Board may apply for a grant provided all decisions regarding the grant application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. §§ 776.1--776.9), or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and state employes).
§ 138j.11. Recordkeeping.
A Program grant recipient shall maintain all books, records, receipts, supporting documents, financial statements, final reports and other documents pertaining to the project, the project costs and the Program grant. These records shall be retained for 3 years beginning at the end of the grant year. The books, records, receipts, supporting documents, financial statements, final reports and other documents shall be maintained according to generally accepted accounting principles. The records shall be made available to the Department or its agent upon request.
§ 138j.12. Grant cancellation.
A Program grant may be canceled by the Secretary upon a determination that the funds are not being or were not properly used. Upon cancellation, the Secretary may seek recovery of the grant funds as delineated in § 138j.13 (relating to right of recovery).
§ 138j.13. Right of recovery.
The Department has the right to make a claim for and receive from the grant recipient money not expended in accordance with the act, the grant agreement or this chapter, and may demand the return of the grant sum, or a portion thereof, plus legal interest thereon.
§ 138j.14. Deficits.
The Department's financial obligation is limited to the amount of the grant. The Department is not responsible for funding any cost overruns incurred by the grant recipient.
[Pa.B. Doc. No. 00-242. Filed for public inspection February 11, 2000, 9:00 a.m.]
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