PROPOSED RULEMAKING
[7 PA. CODE CH. 138i]
Farm Safety and Occupational Health Tuition Assistance Program
[30 Pa.B. 771] 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 138i (relating to Farm Safety and Occupational Health Tuition Assistance 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(a) of the act allows the Secretary to establish a grant program to provide tuition assistance to rural emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production to attend farm safety and occupational health training and emergency response programs. 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, they set forth the documentation required to accompany 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 life 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 old. 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 purpose of the Program is to provide tuition assistance to rural emergency service providers and members of the farm community to assist them and encourage their attendance at farm safety and occupational health programs and seminars intended to facilitate avoidance and elimination of farming hazards. The 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 and the proposed Farm Safety and Occupational Health Developmental and Instructional Program intended to be established as Chapter 138j.
(Editor's Note: For the text of the proposed rulemaking concerning Chapter 138k (relating to Farm Safety Occupational Health Grant Program) see 30 Pa.B. 781 (February 12, 2000). For the text of the proposed rulemaking concerning Chapter 138j (relating to Farm Safety and Occupational Health Developmental and Instructional Program) see 30 Pa.B. 776 (February 12, 2000).)
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 § 138i.1. (relating to authority) delineates the Secretary's authority to establish the 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 § 138i.2. (relating to program objectives) sets forth that the objective of the Program is to provide tuition assistance to rural emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production, to allow them to attend farm safety and occupational health programs and emergency response programs. It stipulates that grants will be awarded on a funds available basis and through a competitive application process.
Proposed § 138i.3. (relating to definitions) defines various recurring terms such as ''Board,'' ''farm,'' ''farm laborers,'' ''members of farm families,'' ''project,'' ''rural emergency service provider'' and ''Secretary.''
Proposed § 138i.4. (relating to limitations on grants) defines who is an eligible applicant, describes the proper use of grant funds and sets forth the procedure for substitution of person or project. This section specifically delineates the total dollar amount an eligible applicant may be awarded in tuition assistance. Each applicant may receive up to $100 in tuition assistance per calendar year. This section also sets forth restrictions on the use of grant funds.
Proposed § 138i.5. (relating to general conditions) provides that a grant recipient will be required to sign the approved grant application form, which shall then constitute the grant agreement. Additionally, this section sets forth default, verification and failure to verify provisions.
Proposed § 138i.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 shall be received prior to the date of the project the applicant wishes to attend.
Proposed § 138i.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 § 138i.8. (relating to review of application) delineates the specific information that shall be included in a grant application, defines applicant eligibility criteria and sets forth the factors to be considered by the Secretary in selecting grant recipients.
Proposed § 138i.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 § 138i.10. (relating to notice of disposition of applications) sets forth the type of notice required and the time periods for notification.
Proposed § 138i.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 § 138i.12. (relating to grant cancellation) provides for the cancellation of a grant when funds have not been spent in accordance with the grant agreement or this chapter or upon failure of the recipient to satisfy the verification requirements of this chapter.
Proposed § 138i.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.
These proposed regulations set forth the basic process by which the Department will 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 or individuals who are interested in applying for Program grants. The costs that may be associated with the regulations would involve the time spent to obtain and fill out a grant application. Organizations and individuals receiving grants would benefit by receiving funds to cover tuition costs associated with attending some farm safety and occupational health programs. The private sector may also benefit through the realization of reduced health care and occupational costs resulting from increased attendance at the educational and preventative programs 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 result from increased attendance at educational and preventative programs such as those espoused by the act and these 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 to administer the Program. However, the administrative provisions of the Program are very similar to the administrative provisions of the Farm Safety and Occupational Program and the Department has already developed a grant application form and grant agreement for use in administering the Farm Safety and Occupational 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. 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' comment 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 proposed 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 become effective upon publication as final-form in the Pennsylvania Bulletin.
SAMUEL E. HAYES, Jr.,
SecretaryFiscal Note: 2-123. (1) General Fund; (2) Implementing Year 1999-00 is $20,000; (3) 1st Succeeding Year 2000-01 is $20,000; 2nd Succeeding Year 2001-02 is $20,000; 3rd Succeeding Year 2002-03 is $20,000; 4th Succeeding Year 2003-04 is $20,000; 5th Succeeding Year 2004-05 is $20,000; (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 138i. FARM SAFETY AND OCCUPATIONAL HEALTH TUITION ASSISTANCE PROGRAM Sec.
138i.1. Authority. 138i.2. Program objectives. 138i.3. Definitions. 138i.4. Limitation on grants. 138i.5. General conditions. 138i.6. Applications. 138i.7. Processing of applications. 138i.8. Review of applications. 138i.9. Conflict of interest. 138i.10. Notice of disposition of application. 138i.11. Recordkeeping. 138i.12. Grant cancellation. 138i.13. Right of recovery. § 138i.1. Authority.
The act bestows upon the Secretary 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(a) of the act (3 P. S. § 1906(a)) allows the Secretary to establish a grant program to provide tuition assistance to certain individuals and groups to attend farm safety and occupational health training and emergency response programs. Section 6(d) of the act directs the Secretary to adopt and promulgate regulations to govern the awarding of grants under section 6 of the act.
§ 138i.2. Program objectives.
(a) Purpose. The purpose of the Program is to provide tuition assistance to rural emergency service providers, farmers, members of farm families, farm laborers and others involved in agricultural production, to allow them to attend farm safety and occupational health projects and emergency response programs.
(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.
§ 138i.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 these 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.
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 laborer--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, an agricultural commodity as defined in 3 Pa.C.S. Chapter 45 (relating to Agricultural Commodities Marketing) or a 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 Tuition Assistance Program.
Project--Any course, training, program, activity or event pertaining to farm safety and occupational health or emergency response programs.
Rural emergency services providers--An employe, agent member or officer of a paid or volunteer fire company, ambulance service or rescue squad located in or servicing a rural area of this Commonwealth which is regularly engaged in providing emergency medical care and transportation, fire protection services or rescue services.
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 rescue services within this Commonwealth.
§ 138i.4. Limitation on grants.
(a) Tuition assistance. The Program will award grants to provide tuition assistance to approved applicants under this chapter. The Program will provide grants of up to $100 per calendar year to an approved applicant.
(b) Eligible applicants. An eligible applicant may apply for more than one Program grant per year. However, an eligible applicant may not be awarded more than $100 in tuition assistance grants in any calendar year.
(c) Recipient's use of Program grant funds. A recipient of a Program grant may only use the funds to cover or supplement the cost of tuition for the specific project delineated in the recipient's grant application.
(d) Substitution of person. Once an applicant has been approved to receive tuition reimbursement for a specific project, no other person or project may be substituted. Any change in person or project shall require submission and review of a new application.
(e) Eligible courses, programs, training, activities or events. Program grants may be awarded to cover or supplement tuition for the types of projects delineated in section 4(b) of the act (3 P. S. § 1904(b)).
(f) Additional limitations.
(1) Program grant funds may only be used to provide tuition assistance for farm safety and occupational health projects or emergency response programs administered within the geographic boundaries of this Commonwealth.
(2) Program grant funds may not be used to cover the cost of travel, lodging or any other expenses incurred by the grant recipient other than the cost of tuition.
(3) Program grant funds may not be used for or applied to any training, programs, activities, certification or licensing requirement or events pertaining to the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.60) or Chapters 128 and 128a (relating to pesticides; and chemsweep pesticide disposal program--statement of policy).
(4) Program grant funds shall be awarded to reimburse the tuition expenses of an approved applicant who submits the documentation required by this chapter.
§ 138i.5. General conditions.
(a) Grant agreement. The approved, signed application for a Program grant shall constitute the grant agreement. The recipient of a Program grant shall sign the application which shall set forth the amount of the grant and other terms and conditions as the Department may reasonably require. Upon completion of all the terms of the agreement, a reimbursement check will be issued in the name of the recipient and mailed to the address indicated on the recipient's approved and signed application.
(b) Default. Any recipient of a Program grant who fails to abide by the terms of the grant agreement or the provisions of the act or this chapter shall be in default. 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. To receive a Program reimbursement payment, a recipient shall, within 2 weeks of the completion of the specific project delineated in the recipient's grant application, submit to the Department a final report which includes a written receipt evidencing the cost of tuition and records or any other pertinent documentation evidencing the grant recipient's attendance and the program agenda. At the same time, the applicant shall also submit a narrative report of at least one page but not more than two pages, describing the effectiveness of the project and the experience gained and personal knowledge acquired.
(d) Failure to verify. If the required receipts, records and documentation are not submitted within the 2 week period, the Program grant recipient shall be deemed to have defaulted. The Secretary may direct that no Program grant funds be paid to the defaulting recipient. The Secretary may extend the verification deadline if the Secretary determines the grant recipient has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
§ 138i.6. Applications.
(a) Application required. An interested rural emergency service provider, farmer, member of a farm family, farm laborer or anyone else involved in agricultural production 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 received by the Department prior to the date of the project the applicant wishes to attend.
§ 138i.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 such data. The Secretary or a designee may exercise 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.
(b) 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.
§ 138i.8. Review of applications.
(a) Evaluation. The Secretary or a designee will evaluate an application based on the applicant eligibility and grant application requirements, as well as the factors in the act and this chapter.
(b) Applicant eligibility. To be eligible for a Program grant, the applicant shall be a rural emergency service provider, farmer, member of a farm family or farm laborer or be otherwise involved in agricultural production. An emergency service provider shall submit an application for each individual member for which it wishes to receive a Program grant. Each member for which it receives a Program grant shall comply with the criteria established by the act and this chapter, including the verification criteria.
(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 farm safety project to be attended by the applicant, including documentation delineating the focus of the project.
(2) A reasonable and accurate statement of the estimated or actual cost of tuition.
(3) Information regarding the skills, knowledge or experience to be gained from the project.
(4) Documentation regarding the name and location of the person administering 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 of the project and how it relates to program components delineated 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 as described in the application.
(6) The impact upon and the value and benefits to the agricultural community of the project described in the application.
(7) The continual and progressive nature of the project and the benefits and knowledge gained therefrom.
(8) The value to those who work directly with farm accident victims.
(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 priorities as the Secretary, in consultation with the Board, set in accordance with section 4(c) of the act.
§ 138i.9. Conflict of interest.
A member of the Board may apply for a grant if 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 employees).
§ 138i.10. 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.
(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).
§ 138i.11. Recordkeeping.
A Program grant recipient shall maintain all receipts, supporting documents, final reports and other documents pertaining to the project and the Program grant. These records shall be retained for 1 year beginning at the conclusion of the project. The records shall be made available to the Department upon request.
§ 138i.12. Grant cancellation.
A Program grant may be canceled by the Secretary upon a determination that the funds were not properly used, or upon failure of the recipient to satisfy the verification requirements of this chapter.
§ 138i.13. Right of recovery.
The Department has the right to make a claim for and receive from the grant recipient moneys not expended in accordance with the act, the grant agreement of this chapter.
[Pa.B. Doc. No. 00-241. Filed for public inspection February 11, 2000, 9:00 a.m.]
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