PROPOSED RULEMAKING
[7 PA. CODE CH. 138k]
Farm Safety and Occupational Health Grant Program
[30 Pa.B. 781] 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 138k (relating to Farm Safety and Occupational Health Grant 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)(2) of the act allows the Secretary to establish a grant program for the purpose of awarding grants to Statewide farm organizations and volunteer fire companies, ambulance services and rescue squads for providing farm safety, occupational health 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, it sets forth the documentation required to accompany the applications, eligibility criteria, criteria for determining grant amounts and notification and reporting requirements.
Background
The 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 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 Farm Safety and Occupational Health (FSOH) Program was first developed and implemented by the Department in 1996. The Department administered the Program under a statement of policy in Chapter 138g, authorized under section 13 of the act (3 P. S. § 1913). The Program has proven to be an effective program.
The core concept of the FSOH Program was to provide the maximum educational outreach to the farm community, as well as, quick medical responses to farm emergencies at the minimum costs. The FSOH Program has been successful in providing educational and technical assistance to the agriculture community and in disseminating information regarding best management farm safety practices to those engaged in production agriculture. As such, the FSOH Program has become a very important component in assuring the success of the act.
Therefore, in the interest of continuing to carry out its statutory duties and promoting the development and implementation of best management farm safety practices and quick medical responses to farm emergencies, the Department has promulgated these proposed regulations. These regulations are intended to establish reasonable guidelines, standards, criteria and procedures for the continued administration and implementation of the FSOH Program. Given the success of the FSOH Program to date, the language of the proposed regulations is virtually unchanged from that of the statement of policy in Chapter 138g.
The only changes appear in §§ 138k.5 and 138k.6(a)(3) and (b)(11) (relating to application deadline; and review of application). The changes require applications to be submitted by October 31 of the year preceding the fiscal year in which grant funds are sought and require an applicant to disclose the amount of tuition it intends to charge for courses which would be administered under the programs delineated in the grant application.
Summary of Major Features
Proposed § 138k.1 (relating to program objectives) sets forth that the objective of the grant program is to fund projects which will increase the awareness of farm safety and occupational health issues and other issues specific to emergency response programs. The awarding of the grant moneys are on a funds available basis and through a competitive application process.
Proposed § 138k.2 (relating to definitions) defines various recurring terms such as ''Statewide farm organizations,'' ''volunteer fire company,'' ''volunteer ambulance services'' and ''volunteer rescue squad.''
Proposed § 138k.3 (relating to limitations on grants) describes the type of organization which is eligible for the grant awards. This section specifically delineates that eligible applicants may be awarded financial assistance in amounts of up to $2,500.
Proposed § 138k.4 (relating to applications generally) provides that an application is required and from whom organizations may request applications.
Proposed § 138k.5 (relating to application deadline) provides that the application deadline will be October 31 of the year proceeding the fiscal year in which grant funds are sought.
Proposed § 138k.6 (relating to review of application) sets forth the grant application requirements and the factors which the Board or the Secretary may consider in reviewing grant applications.
Proposed § 138k.7 (relating to disposition of application) describes the time frame for notification of rejection or approval of the application and the procedure by which the Secretary will notify the applicant.
Proposed § 138k.8 (relating to recordkeeping) describes what type of records shall be kept by the grant recipient and for how long those records shall be kept. This section also provides for inspection and audit of those records by the Department.
Proposed § 138k.9 (relating to verification of use) requires a grant recipient to document the expenditures of grant funds within 3 months of project completion. This section also specifically delineates the ramifications of failure to provide the documentation.
Proposed § 138k.10 (relating to grant cancellation) provides for the cancellation of a grant which is not being spent in accordance with the grant agreement and the repayment thereof.
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.
These proposed regulations are intended to supplant the current statement of policy in Chapter 138g under which the FSOH Program is being administered.
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 FSOH Program.
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 that are interested in applying for grant moneys. The costs most likely will be associated with attending and participating in farm safety training programs.
General Public
The proposed regulations will impose no costs and have no fiscal impact on the general public.
Paperwork Requirements
The proposed regulations will not result in an appreciable increase of paperwork. The Department has developed a grant application form for use in administering the FSOH Program and has administered the program, under a statement of policy, 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 objections 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 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 as final-form in the Pennsylvania Bulletin.
SAMUEL E. HAYES, Jr.,
SecretaryFiscal Note: 2-119. No fiscal impact; (8) recommends adoption. Funds are included in the 1999-00 budget for these grants. Grants are limited to the amount of money available for these grants.
Annex A
TITLE 7. AGRICULTURE
PART V-C. FARMLAND AND FOREST LAND (Editor's Note: As part of this proposal the Department intends to delete the statement of policy in Chapter 138g which appears at 7 Pa. Code pages 138g-1--138g-5, serial pages (222551) to (222555).)
CHAPTER 138g. (Reserved) §§ 138g.1--138g.10. (Reserved).
CHAPTER 138k. FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM Sec.
138k.1. Program objectives. 138k.2. Definitions. 138k.3. Limitations on grants. 138k.4. Applications generally. 138k.5. Application deadline. 138k.6. Review of application. 138k.7. Notice of disposition of application. 138k.8. Recordkeeping. 138k.9. Verification of use. 138k.10. Grant cancellation. § 138k.1. Program objectives.
(a) Purpose. The purpose of the FSOH Grant Program is to fund projects which will increase the knowledge and awareness of farm safety measures and occupational health issues in this Commonwealth, in particular, among the rural youth of this Commonwealth.
(b) Competitive program. The FSOH Grant Program is competitive. Grant requests and related documentation will be collected by the Department and reviewed by the Board and Secretary. Grants will be awarded annually.
(c) Funds available basis. Grants will not be awarded unless funds are available for this purpose.
§ 138k.2. 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).
Board--The Farm Safety and Occupational Health Advisory Board.
Department--The Department of Agriculture of the Commonwealth.
FSOH Grant Program--The Farm Safety and Occupational Health Grant Program.
Secretary--The Secretary of Agriculture of the Commonwealth.
Statewide farm organizations--The term includes any of the following organizations located in this Commonwealth:
(i) Farmers organizations.
(ii) Dairy organizations.
(iii) Livestock and poultry organizations.
(iv) Veterinary associations.
(v) Commodity organizations.
(vi) Food industry organizations.
(vii) Horticulture and agronomy organizations.
(viii) Agricultural promotional organizations.
(ix) Agricultural equipment organizations, including a local, county or regional chapter thereof.
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 in this Commonwealth.
§ 138k.3. Limitations on grants.
(a) Financial assistance. The FSOH Grant Program will award financial assistance, of up to $2,500, to Statewide farm organizations, volunteer fire companies, ambulance services and rescue squads within this Commonwealth that wish to develop and deliver farm safety, occupational health and emergency response programs.
(b) Eligible applicants. Eligible applicants will not be awarded more than one $2,500 grant per State fiscal year. An applicant may submit more than one type of grant application.
(c) Recipient's use of FSOH grant funds. Grants awarded to an organization may be used only for the specific project/event/activity described in the grant application. Grants shall only be used to fund projects within the geographic boundaries of this Commonwealth and may be awarded for the following types of projects:
(1) Projects related to methods of preventing or mitigating farm accidents.
(2) Educational programs relating to agricultural equipment safety programs for farm youth.
(3) Educational seminars or field demonstrations relating to first aid programs for farm youth.
(4) Agriculture safety training programs at day camps and demonstration projects for farm youth.
(5) Development and implementation of age-appropriate rural school curricula.
(6) Fire/educational safety programs specific to farms.
(7) Development and implementation of age-appropriate adult farmer and farm worker safety training programs.
(8) Farm related emergency response training programs.
§ 138k.4. Applications generally.
(a) Application required. Interested Statewide farm organizations, volunteer fire companies, ambulance services and rescue squads within this Commonwealth may submit grant applications to the Department at the address in subsection (b).
(b) Obtaining an application and technical assistance. Application for grants under this chapter shall be made on forms 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, (717) 787-4843.
(c) Additional information. The Board and the Secretary may require that an applicant submit additional documentation to complete, verify or clarify the application.
§ 138k.5. Application deadline.
An application for a grant under this chapter shall be received by the Department at the address in § 138k.4(b) (relating to applications generally) by October 31 of the year preceding the fiscal year in which the grant funds are sought.
§ 138k.6. Review of application.
(a) Grant application requirements. The Board or the Secretary will not consider an application for a grant unless the following items are attached:
(1) A detailed description of the project to be funded by the grant.
(2) A reasonable and accurate statement of the estimated cost of the project. A separate breakdown on the labor portion of the cost, on the materials portion of the cost, and on any other type of expense anticipated shall be provided.
(3) A statement regarding the amount of tuition to be charged for the courses.
(4) A copy of the official organization board minutes when action was taken on this project.
(5) Information of the project or area to be served by the proposed project. Maps or other geographic aids may be attached.
(6) A biographical sketch of primary persons involved in the project which indicates skills, knowledge and prior experience required for the completion of the project.
(b) Factors. Factors to be considered by the Board or the Secretary 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 scope of the project and the number of people who will be affected by the project as described in the application.
(4) The value to the agricultural community of the project described in the application.
(5) The willingness of the applicant to make in kind or financial contributions, or both, to the project.
(6) The availability of funding for the project from a source other than the FSOH Grant Program.
(7) The impact the project will have upon rural youth or farmers, growers or producers within this Commonwealth.
(8) The value to those who work directly with farm accident victims.
(9) Whether the applicant has been, in whole or in part, the recipient of another grant under the act within the same State fiscal year.
(10) Whether a local, county or regional farm organization is affiliated with a Statewide farm organization.
(11) The amount of tuition the applicant intends to charge for the courses administered under the project.
(c) Approval power. The Secretary may impose restrictions or special conditions upon the issuance of a grant. The Secretary will review the recommendations of the Board, but will have final authority to accept or reject these recommendations.
§ 138k.7. Notice of disposition of application.
Grant applicants will be notified by the Secretary within 30 days of a decision to reject or approve 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. Grant money shall be used within 1 year of the date of the grant agreement unless an extension is granted by the Secretary.
§ 138k.8. Recordkeeping.
Financial records, supporting documents, statistical records and other records pertaining to the project shall be retained for 3 years beginning at the end of the grant year. The records and documents shall be available for inspection or audit at all reasonable times by the Department or its authorized representative.
§ 138k.9. Verification of use.
(a) Verification. An organization receiving a grant shall maintain books, records and other evidence pertaining to costs incurred for expenditures associated with the project funded by the grant. The books and records shall be maintained according to generally accepted accounting principles. Within 3 months of the project completion date specified in the grant agreement, the recipient shall submit to the Department written receipts for the project costs. Grant recipients shall provide to the Department a final report, which includes pertinent documentation, as well as a narrative report describing the effectiveness of the project, experience gained and knowledge acquired.
(b) Failure to verify use. If required receipts or documentation, or both, are not submitted to the Department as described in subsection (a), the Secretary may demand, in writing, the return by the grant recipient of the entire grant sum or a lesser amount, plus appropriate legal interest. The grant recipient shall repay a sum demanded by the Department within 60 days of a written demand.
§ 138k.10. Grant cancellation.
The Department may cancel a grant if the Secretary determines that grant funds are not being spent in accordance with the terms and conditions of the grant agreement. In the event of cancellation, the Department may demand the return of the grant sum, or a portion thereof, plus legal interest thereon.
[Pa.B. Doc. No. 00-243. Filed for public inspection February 11, 2000, 9:00 a.m.]
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