OCCUPATIONAL SAFETY AND HEALTH FOR THE FEDERAL EMPLOYEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00735R000100010032-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 42
• Document Creation Date: December 22, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 32
• Publication Date: January 1, 1979
• Content Type: REPORT

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OCCUPATIONAL SAFETY AND
HEALTH FOR THE
FEDERAL EMPLOYEE
U.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
OFFICE OF FEDERAL AGENCY SAFETY PROGRAMS
Washington, D.C.
JANUARY 1, 1979
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Introduction ......................................................1
Section 19 of the Occupational Safety and Health Act of 1970......3
United States Code Title 5 ........................................ 5
President's Memorandum to Heads of Executive Departments and
Agencies .......................................................... 7
President's Executive Order 11807, Occupational Safety and
Health Programs for Federal Employees ............................. 9
Title 29 Code of Federal Regulations Part 1960, Safety and
Health Provisions for Federal Employees .......................... 11
Ordering Occupational Safety and Health Administration Standards.41
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This booklet contains various materials pertaining to the
Federal occupational safety and health program which is coordinated
by the Office of Federal Agency Safety Programs, Occupational Safety
and Health Administration, U.S. Department of Labor. This booklet will
inform the agency head, employees of the agency, and other interested
persons of the occupational safety and health protection provided for
the employees of the agency.
The following is a brief synopsis of each piece of material in
this booklet:
A. The Occupational Safety and Health Act of 1970 is the law
requiring that safe and healthful workplaces be provided
for all employees. Section 19 of the Act requires the head
of each agency to establish and maintain an occupational
safety and health program for its employees. It also
requires the Secretary of Labor to report to the President
on the Federal occupational safety and health program.
B. Section 7902, Title 5, U.S. Code directs the head of each
Federal agency to develop and support organized safety and
health programs and to report to the Secretary of Labor
any injuries and accidents that occur to their employees.
C. The President's Memorandum to Agency Heads expresses his
support for the occupational safety and health program
in the Federal government and transmits to them Executive
Order No. 11807 and Title 29 of the Code of Federal Reg-
ulations Part 1960.
D. Executive Order No. 11807 defines the responsibilities
and outlines the duties of the Secretary of Labor and each
agency head as pertaining to the Federal occupational
safety and health program. It also establishes the Federal
Advisory Council on Occupational Safety and Health to
assist the Secretary of Labor.
E. Title 29 of the Code of Federal Regulations Part 1960,
"Safety and Health Provisions for Federal Employees,"
outlines specific requirements necessary for each agency
to establish and maintain an occupational safety and health
program.
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Public Law 91-596
91st Congress, S. 2193
December 29, 1970
'9n Zit
To assure safe and healthful working conditions for working men and women ;
by authorizing enforcement of the standards developed under the Act ; by
assisting and encouraging the States in their efforts to assure safe and health-
ful working conditions ; by providing for research, information, education, and
training in the field of occupational safety and health : and for other purposes.
Be it enacted by the Senate and Howe of Representative, of the
united States of America in Congress assembled, That this Act may
be cited as the "Occupational Safety and Health Act of 1970".
Src. 19. (a) It shall be the responsibility of the head of each Fed-
eral agency to establish and maintain an effective and comprehensive
occupational safety and health program which is consistent with the
standards promulgated under section 6. The head of each agency shall
(after consultation with representatives of the employees thereof)-
(1) provide safeand healthful places and conditions of employ-
ment consistent with the standards set tinder section 6;
(.2) acquire, maintain, and require the use of safety equipment,
personal protective equipment, and devices reasonably necessary
to protect employees;
(8) keep adequate records of all occupational accidents and ill-
nesses for proper evaluation and necessary corrective action;
(4) consult with the Secretary with regard to the adequacy as
to orm and content of records kept pursuant to subsection (a) (3)
of this section; and
(5) make an annual report to the Secretary with respect to
occupational accidents and injuries and the agency's program
under this section. Such report shall include any report submitted
under section 7902(e) (2) of title 5, United States Code.
(b) The Secretary shall report to the President a summary or digest
of re its submitted to him under subsection (a) (5) of this section,
together with his evaluations of and recommendations derived from
such reports. The President shall transmit annually to the Senate and
the House of Representatives a report of the activities of Federal
agencies under this section.
(c) Section 7902(c) (1) of title 5, United States Code, is amended
by inserting after "agencies" the following: "and of labor organiza-
tions representing employees".
(d) The Secretary shall have access to records and reports kept
and filed by Federal agencies pursuant to subsections (a) (3) and (5)
of this section unless those records and reports are specifically required
Executive order to be kept secret in the interest of the national
defense or foreign policy, in which case the Secretary shall have access
to such information as will not jeopardize national defense or foreign
policy.
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Section 7902. Safety Programs.
(a) For the purpose of this section-
(1) "employee" means an employee as defined by section 8101
of this title; and
(2) "agency" means an agency in any branch of the Government
of the United States, including an instrumentality wholly owned by
the United States, and the government of the District of Columbia.
(b) The Secretary of Labor shall carry out a safety program under
section 941(b)(1) of Title 33 covering the employment of each
employee of an agency.
(c) The President may--
(1) establish by Executive order a safety council composed
of representatives of the agencies and of Labor organizations
representing employees to serve as an advisory body to the Secretary
in furtherance of the safety program carried out by the Secretary
under subsection (b) of this section; and
(2) undertake such other measures as he considers proper to
prevent injuries and accidents to employees of the agencies.
(d) The head of each agency shall develop and support organized
safety promotion to reduce accidents and injuries among employees
of his agency, encourage safe practices, and eliminate work hazards
and health risks.
(e) Each agency shall--
(1) keep a record of injuries and accidents to its employees
whether or not they result in loss of time or in the payment or
furnishing of benefits; and
(2) make such statistical or other reports on such forms as
the Secretary may prescribe by regulation.
(Public Law 89-554, Sept. 6, 1966, 80 Stat. 530)
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WASHINGTON
February 3, 1975
MEMORANDUM TO THE HEADS OF EXECUTIVE DEPARTMENTS
AND AGENCIES
I have issued this Executive Order to strengthen the
occupational safety and health programs of all Federal
agencies. It sets forth specific duties for the heads
of Federal agencies to establish and maintain effective
occupational safety and health programs in these
agencies. It also authorizes the Secretary of Labor
to assist in those duties and to issue guidelines
tailored to individual agency needs.
As the Nation's largest employer, the Federal Government
must set an example in the maintenance of safe and health-
ful working conditions for its employees. The Federal
Government has reduced the rate of workplace injuries
since 1965, but we cannot be satisfied as long as any
avoidable accidents or illnesses occur.
The purpose of the Occupational Safety and Health Act of
1970 is to assure safe and healthful working conditions
for all workers in the Nation. That Act contains special
provisions to afford protection to Federal employees.
It assigns responsibility to the head of each Federal
agency to maintain an effective and comprehensive program
consistent with the standards issued by the Secretary of
Labor for private employees.
The issuance of this Executive Order and the attached
guidelines of the Secretary of Labor, together with forth-
coming actions by the Office of Management and Budget to
promote agency awareness of the budgetary aspects of this
program, should aid in your efforts to provide safe and
healthful working conditions for the employees of your
department or agency. Only your personal attention can
ultimately achieve the goals we desire. The Secretary
of Labor stands ready to assist you in your efforts. I
look forward to receiving the evaluations of the Secretary
of Labor regarding your achievements under the new Executive
Order and the guidelines issued by the Secretary.
,f, ;r./
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Occupational Safety and Health Programs
for Federal Employees
As the Nation's largest employer, the Federal Government
has a special obligation to set an example for all employers by
providing a safe and healthful working environment for its
employees.
For more than three years, the Federal Government has
been seeking to carry out these solemn responsibilities under
the terms of Executive Order No. 11612, issued in 1971 and
based upon the authorities granted by the landmark Occupa-
tional Safety and Health Act of 1970 as well as section 7902(c) of
title 5, United States Code.
Considerable progress has been achieved under the 1971 ex-
ecutive order, but it is now clear that even greater efforts are
needed. It is therefore necessary that a new order be issued,
reflecting this Nation's firm and renewed commitment to
provide exemplary working conditions for those devoted to
public service.
The provisions of this order are intended to ensure that each
agency head is provided with all the guidance necessary to
carry out an effective occupational safety and health program
within the agency. Further, to keep the President abreast of
progress, this order provides for detailed evaluations of the
agencies' occupational safety and health programs by the
Secretary of Labor and transmittal of those evaluations,
together with agency comments, to the President. In addition,
the Federal Safety Advisory Council on Occupational Safety
and Health is continued because of its demonstrated value as an
advisory body to the Secretary of Labor.
Experience has shown that agency heads desire and need
more detailed guidance from the Secretary of Labor to make
their occupational safety and health programs more effective.
This order provides that the Secretary of Labor shall issue
detailed guidelines and provide such further assistance as the
agencies may request.
NOW, THEREFORE, by virtue of the authority vested in me
by section 7902(c) (1) of title 5 of the United States Code, and as
President of the United States, it is hereby ordered as follows:
Scope of This Order
SECTION 1. For the purposes of this order, the term
"agency" means an Executive Department, as defined in 5
U.S.C. 101, or any employing unit or authority of the
Government of the United States not within an Executive
Department. This order applies to all agencies of the Executive
Branch of the Government: and by agreement between the
Secretary of Labor (hereinafter referred to as the Secretary)
and the head',of an agency of the Legislative or Judicial
Branches of the Government, the provisions of this order may
be made applicable to such agencies. In addition, by agreement
between the Secretary of Labor and the head of any agency,
and to the extent permitted by law, the provisions of this order
may be extended to employees of agencies who are employed in
geographic locations to which the Occupational Safety and
Health Act of 1970 is not applicable.
Duties of Heads of Agencies
SEC. 2. The head of each agency shall, after consultation
with representatives of the employees thereof, establish and
maintain an occupational safety and health program meeting
the requirements of section 19 of the Occupational Safety and
Health Act (hereinafter referred to as the act). In order to
ensure that agency programs are consistent with the standards
prescribed by section 6 of the act, the head of each agency shall:
(1) Designate or appoint, to be responsible for the manage-
ment and administration of the agency occupational safety and
health program, an agency official with sufficient authority to
represent effectively the interest and support of the agency
head.
(2) Establish an occupational safety and health manage-
ment information system, which shall include the maintenance
of such records of occupational accidents, injuries, illnesses and
their causes, and the compilation and transmittal of such
reports based upon this information, as the Secretary may
require pursuant to section 3 of this order.
(3) Establish procedures for the adoption of agency occupa-
tional safety and health standards consistent with the stand-
ards promulgated by the Secretary pursuant to section 6 of the
act; assure prompt attention to reports by employees or others
of unsafe or unhealthful working conditions; assure periodic
inspections of agency workplaces by personnel with sufficient
technical competence to recognize unsafe and unhealthful
working- conditions in such workplaces; and assure prompt
abatement of unsafe or unhealthful working conditions, includ-
ing those involving facilities and/or equipment furnished by
another Government agency, informing the Secretary of
significant difficulties encountered in this regard.
(4) Provide adequate safety and health training for officials
at the different management levels, including supervisory
employees, employees responsible for conducting occupational
safety and health inspections, and other employees. Such -train-
ing shall include dissemination of information concerning the
operation of the agency occupational safety and health program
and the means by which each such person may participate and
assist in the operation of that program.
(5) Submit to the Secretary on an annual basis a report
containing such information as the Secretary shall prescribe.
(6) Cooperate with and assist the Secretary of Labor in the
performance of his duties under section 19 of the act and section
3 of this order.
(7) Observe the guidelines published by the Secretary
pursuant to section 3 of this order, giving due consideration to
the mission, size and organization of the agency.
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Duties of the Secretary of Labor
SEC. 3. The Secretary shall provide leadership and
guidance to the heads of agencies to assist them in fulfilling
their occupational safety and health responsibilities by, among
other means, taking the following actions:
(1) Issue detailed guidelines to assist agencies in establish-
ing and operating effective occupational safety and health
programs appropriate to their individual missions, sizes, and
organizations. Such guidelines shall reflect the requiement of
section 19 of the act for consultation with employee rep-
resentatives.
(2) Prescribe recordkeeping and reporting requirements to
enable agencies to assist the Secretary in meeting the
requirements imposed upon him by section 24 of the act.
(3) Provide such consultation to agencies as the Secretary
deems necessary and appropriate to ensure that agency stand-
ards adopted pursuant to section 2 of this order are consistent
with the safety and health standards adopted by the Secretary
pursuant to section 6 of the act; provide leadership and
guidance to agencies in the adequate occupational safety and
health training of agency personnel; and facilitate the exchange
of ideas and information throughout the Government with
respect to matters of occupational safety and health through
such arrangements as the Secretary deems appropriate.
(4) Perform for agencies, where deemed necessary and
appropriate, the following services, upon request and
reimbursement for the expenses thereof: (a) evaluate agency
working conditions; and recommend to the agency head
appropriate standards to be adopted pursuant to section 2 of
this order to ensure that such working conditions are safe and
healthful; (b) conduct inspections to identify unsafe. or
unhealthful working conditions, and provide assistance to cor-
rect such conditions; (c) train appropriate agency safety and
health personnel.
(5) Evaluate the occupational safety and health programs of
agencies, and submit to the President reports of such evalua-
tions, together with agency responses thereto. These evalua-
tions shall be conducted at least once annually for agencies em-
ploying more tha 1,000 persons within the geographic locations
to which the act applies, and as the Secretary deems appro-
priate for all other agencies, through such headquarters or field
reviews as the Secretary deems necessary.
(6) Submit to the President each year a summary report of
the status of the Federal agency occupational safety and health
program, as well as analyses of individual agency progress and
problems in correcting unsafe and unhealthful working condi-
tions, together with recommendations for improving their
performance.
Federal Advisory Council on Occupational Safety and Health
SEC. 4. (a) The Federal Advisory Council on Occupational
Safety and Health, established pursuant to Executive Order
No. 11612, is hereby continued. It shall advise the Secretary in
carrying out responsibilities under this order. This Council shall
consist of fifteen members appointed by the Secretary and shall
include representatives of Federal agencies and of labor
organizations representing employees. At least five members
shall be representatives of such labor organizations. The
members shall serve for three-year terms with the terms of five
members expiring each year, provided that this Council is
renewed every two years in accordance with the Federal
Advisory Committee Act. The members of the Federal
Advisory Council on Occupational Safety and Health estab-
lished pursuant to Executive Order. No. 11612 shall be deemed
to be its initial members under this order, and their terms shall
expire in accordance with the terms of their appointments.
(b) The Secretary, or a designee, shall serve 'as the
Chairman of the Council, and shall prescribe such rules for the
conduct of its business as he deems necessary and appropriate.
(c) The Secretary shall make available necessary office
space and furnish the Council necessary equipment, supplies,
and staff services, and shall perform such functions with
respect to the Council as may be required by the Federal
Advisory Committee Act.
SEC. 5. Nothing in this order shall be construed to impair or
alter the powers and duties of the Secretary or heads of other
Federal agencies pursuant to section 19 of the Occupational
Safety and Health Act of 1970, sections 7901, 7902, and 7903 of
title 5 of the United States Code, or any other provision of law,
nor shall it be construed to alter the provisions of Executive
Order No. 11491, as amended, Executive Order No. 11636, or
other provisions of law providing for collective bargaining
agreements and procedures. Matters of official leave for em-
ployee representatives involved in activities pursuant to this
order shall be determined between each agency and these
representatives pursuant to the procedures under Executive
Order No. 11491, as amended, Executive Order No. 11636, or
applicable collective bargaining agreements.
Termination of Existing Order
SEC. 6. Executive Order No. 11612 of July 26, 1971, is hereby
superseded.
The White House
September 28,1974.
)aw tv. t~w
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SAFETY AND HEALTH PROVISIONS
FOR FEDERAL EMPLOYEES
PART 1960
Federal Register
Volume 39 ^ Number 197
PART IV
WEDNESDAY, OCTOBER 9, 1974
DEPARTMENT Of LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
WASHINGTON, D.C.
Office of Federal Agency Safety Programs
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PART 1960
SAFETY AND HEALTH PROVISIONS FOR FEDERAL EMPLOYEES
SUBPART A-GENERAL
1960.1 Purpose and Scope of this part.
1960.2 Definitions.
SUBPART B-RECORDKEEPING AND REPORTING REQUIREMENTS
FOR OCCUPATIONAL INJURIES, ILLNESSES AND ACCIDENTS
1960.3 Purpose, scope and general provisions.
1960.4 Record or log of Federal occupational injuries and illnesses.
1960.5 Supplementary record of Federal occupational injuries and illnesses.
1960.6 Quarterly and annual summaries of Federal occupational injuries and
illnesses.
1960.7 Quarterly and annual summaries of Federal occupational accidents.
1960.8 Reporting of serious accidents.
1960.9 Location and utilization of records and reports.
1960.10 Access to records by Secretary of Labor.
1960.11 Retention of records.
1960.12 Plan of action.
1960.13 [Reserved.]
1960.14 [Reserved.]
1960.15 Purpose and scope.
1960.16 Designated safety and health official.
1960.17 Safety and health committees.
1960.18 Posting of notice; availability of Act, this part, and details of the
agency safety and health program.
1960.19 Duties of agency officials and employees.
1960.20 Agency safety and health training guidelines
1960.25 Purpose, scope and general provisions.
1960.26 Safety and health inspectors; frequency of inspection.
1960.27 Conduct of inspection.
1960.28 Advance notice of inspections.
1960.29 Representatives of officials in charge and representatives of
employees.
1960.30 Consultation with employees.
1960.31 Reports by employees of unsafe or unhealthful working conditions.
1960.32 - Imminent danger.
1960.33 Notices of unsafe or unhealthful working conditions.
1960.34 Correction of unsafe or unhealthful working conditions.
1960.35-39 [Reserved.]
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1960 OCCUPATIONAL SAFETY AND HEALTH
SUBPART E-AGENCY OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1960.40 Purpose and scope.
1960.41 Procedures for adoption.
1960.42 Initial adoption of agency standards.
1960.43 Adoption of different and/or supplementary agency standards.
1960.44 Conflicting standards.
1960.45 Emergency standards.
1960.46 Access to standards.
1960.47-49 [Reserved.]
SUBPART F-FIELD FEDERAL SAFETY AND HEALTH COUNCILS
1960.50 Purpose.
1960.51 Role of the Secretary of Labor.
1960.52 Establishing a Field Federal Safety and Health Council.
1960.53 Objectives.
1960.54 Membership.
1960.55 Organization.
1960.56 Operating procedures.
1960.57-59 [Reserved.]
AUTHORITY: Sections 19 and 24 of the Occupational Safety
and Health Act of 1970, 84 Stat. 1609, 1614, 29 U.S.C.
668, 673 and the provisions of Executive Order 11807.
SOURCE: The provisions of this Part 1960 appear at 39 F.R.
36454, October 9, 1974 unless otherwise noted.
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SUBPART A-GENERAL
1960.1-PURPOSE AND SCOPE OF THIS PART
(a) The primary purpose of the Occupational
Safety and Health Act of 1970 is to assure safe
and healthful working conditions for all
employees in the Nation. While the enforcement
procedures in sections 8, 9 and related sections
of the Act do not apply to the Federal Govern-
ment as an employer, Section 19 of the Act con-
tains special provisions to afford protection to
Federal employees. Under that section, it is the
responsibility of the head of each Federal
agency to establish and maintain an effective
and comprehensive occupational safety and
health program which is consistent with the
standard promulgated under section 6 of the
Act. The Secretary of Labor has important re-
sponsibilities in connection with the Federal
agency occupational safety and health program,
stemming from his duty under Section 19 to re-
port to the President his evaluations and rec-
ommendations with respect to the programs of
the various agencies. In addition, under Section
24 of the Act, the Secretary is directed to de-
velop and maintain an effective program of col-
lection, compilation and analysis of occupational
safety and health statistics. To carry out that
mandate, private-sector employers are required
to file reports with the Secretary. While these
reporting requirements do not apply to Federal
agencies, the duties which section 24 imposes
upon the Secretary of Labor necessarily extend
to the collection, compilation and analysis of oc-
cupational safety and health statistics from the
Federal Government, so that the Secretary may
carry out the mandate of section 24 to conduct a
comprehensive statistical program of job related
injuries.
(b) The earlier. Executive Order, No. 11612, is-
sued. on July 26, 1971 to implement. the provi-
sions of section 19 of the Act, has been reconsid-
ered in light of experience, and a new Executive
Order 11807 was issued on September 28, 1974
to replace it. Under the new Executive Order,
certain detailed responsibilities of the heads of
agencies are set forth, and the Secretary of
Labor is required to issue recordkeeping and re-
porting regulations to carry out the provisions of
Section 24 of the Act. In addition, the Secretary
is required to issue guidelines which the heads of
agencies are required to observe, taking into ac-
count the mission, size and organization of the
agency. The purpose of this part is to carry out
the requirements that the Secretary issue regu-
lations and guidelines for the safety and health
programs of the various federal agencies.
(c) Since, under section 24 of the Act and section
3(2) of the Order, the Secretary is authorized to
prescribe requirements for the agencies with re-
spect to recordkeeping and reporting, the provi-
sions in Subpart B of this part have generally
been phrased in mandatory terms. The remain-
ing subparts are guidelines to the agencies to as-
sist them establish and operate effective safety
and health programs. While the guidelines are
phrased in nonmandatory terms, it should be
emphasized that under terms of the new Execu-
tive Order the heads of the agencies are re-
quired to observe the guidelines, taking into
consideration the mission, size and organization
of the agency. It is the view of the Secretary
that these guidelines will constitute a
framework for a strong occupational safety and
health program for Federal employees.
(d) Under the new Executive Order the Secre-
tary is required to perform various services for
the agencies. Agencies are encouraged to seek
the assistance of the Secretary as needed to
comply with the guidelines of this part and to
otherwise operate effective safety and health
programs for their employees. In addition, the
Secretary will seek, with the cooperation of
agency heads, to establish permanent channels
between the Office of Federal Agency Safety
Programs, Occupational Safety and Health Ad-
ministration, U.S. Department of Labor, and
Federal agencies to enable the purposes of this
part to be effectuated, including agreements
concerning the transmittal by agencies of infor-
mation needed by the Secretary as set forth
herein. Upon the request of an agency, the Of-
fice of Federal Agency Safety Programs will re-
view proposed agency plans for the implementa-
tion of the provisions of this part in order to as-
sure that such plans are in conformity with the
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intent of these provisions. To further aid the im-
plementation of these guidelines, the Depart-
ment of Labor will take steps to prepare and dis-
tribute handbooks to assist agencies in observ-
ing the guidelines of the Secretary in accordance
with individual agency missions, sizes and or-
ganizations.
(e) The new Executive Order requires the
heads of agencies to consult with representa-
tives of employees and to provide for employee
participation in the operation of agency safety
and health programs. This requirement reflects
the provisions of section 19 of the Act. In order
to provide agencies with some guidance in this
regard, the provisions of this part suggest
specific instances where participation by
employees and their representatives is particu-
larly important in the operation of an agency's
safety and health program. Such participation
by employees and their representatives is sepa-
rate but consistent with the provisions of other
Executive Orders dealing with labor-
management relations within the Federal Gov-
ernment.
(f) The regulations and guidelines of this part
are applicable only to Federal employees and do
not apply to employees of private contractors
performing work under Government contracts,
regardless of whether such privately employed
workers perform their duties in Government-
owned or-leased facilities, with government
equipment, and together with government per-
sonnel. Protection of employees of private con-
tractors is assured under the other provisions of
the Act. Although this part does not make provi-
sion for the inclusion of Federal contractors nor
their employees in agency safety and health
programs, except as provided in ? 1960.8 for re-
porting of serious accidents, safety and health
programs operated pursuant to this part will
offer some incidental protection to contractor
employees working with Federal employees.
Some agencies may wish to make further ar-
rangements with such contractors to promote
the safety and health of contractor employees
when they are engaged in joint operations with
Federal personnel. Agencies who wish to make
such arrangements would be well advised to
consult with their legal and budgetary personnel
in this' regard. Further, no such arrangement
shall operate to relieve Federal contractors or
their employees of any rights or responsibilities
under the provisions of the Act, including com-
pliance activities conducted by the Department
of Labor or other appropriate authority.
1960.2-DEFINITIONS
(a) "Act" means the Williams-Steiger Occupa-
tional Safety and Health Act of 1970 (Stat. 1590
et seq., 29 U.S.C. 651 et seq).
(b) The term "agency" for the purposes of this
part means an Executive Department, as de-
fined in 5 U.S.C. 101, or any employing unit or
authority of the government of the United
States not within an Executive Department to
which the provisions of Executive Order 11807
are applicable.
(c) The term "employee" as used in this part
means any person employed or otherwise suf-
fered, permitted or required to work by an
"agency" as the latter term is defined in para-
graph (b) of this section including non-civilian
personnel.
(d) As used in Executive Order 11807, the term
"consultation with representatives of the
employees thereof' shall include such consulta-
tion, conference, or negotiation with represen-
tatives of agency employees as is consistent with
Executive Order 11491, as amended, Executive
Order 11636, or other collective bargaining ar-
rangement. As used in this part, the term "rep-
resentative of employees" should be interpreted
with due regard for any obligation imposed by
the aforementioned Executive Orders and any
labor agreement that may cover the employees
involved.
(e) The term "establishment" means a single
physical location where business is conducted or
where services or operations are performed.
Where distinctly separate activities are per-
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formed at a single physical location, each activ-
ity shall be treated as a separate establishment.
(f) The term "reporting unit" means an estab-
lishment, except as otherwise agreed between
the agency and the Office of Federal Agency
Safety Programs, U. S. Department of Labor.
Any such agreement in effect prior to the prom-
ulgation of this part shall remain in effect unless
either party desires modification.
(g) The term "designated safety and health offi-
cial" means the individual who is responsible for
the management of the safety and health pro-
gram within his agency and is designated or ap-
pointed by the head of the agency pursuant to
? 1960.16 and the provisions of Executive Order
11807.
(h) The term "safety and health specialist"
means a person or persons who meet the Civil
Service standards for Safety Manager/Specialist
GS-018, Safety Engineer GS-803, Fire Protec-
tion Engineer GS-804, Industrial Hygienist
GS-690, Fire Protection Specialist/Marshal
GS-081, Health Physicist GS-1306, or equally
qualified military, agency or nongovernment
personnel.
(i) The term "safety and health inspector"
means a safety and health specialist or other
person authorized pursuant to ? 1960.26 of this
part to carry out inspections for the purpose of
Subpart D of this part.
(j) The term "working days" means Mondays
through Fridays (excluding Federal holidays),
or other appropriate authorized days of agency
operation.
(k) "Recordable occupational injuries or ill-
nesses" are any occupational injuries or illnesses
which result in:
(1) Fatalities, regardless of the time between
the injury and death, or the length of the ill-
ness; or
(2) Cases, other than fatalities, that result in
lost workdays; or
(3) Non-fatal cases without lost workdays
which result in transfer to another job or ter-
mination of employment, or require medical
treatment (other than first aid), or involve
loss of consciousness or restriction of work or
motion. This category also includes any diag-
nosed occupational illnesses which are re-
ported to the employer but are not classified
as fatalities or lost workday cases.
(I) "Medical treatment" includes treatment ad-
ministered by a physician or by registered pro-
fessional personnel under the standing orders of
a physician. Medical treatment does not include
first aid treatment even though provided by a
physician or registered professional per onnel.
(m) "First aid" is any one-time treatment, and
any followup visit for the purpose of observa-
tion, of minor scratches, cuts, burns, splinters,
and so forth, which do not ordinarily require
medical care. Such one-time treatment, and fol-
lowup visit for the purpose of observation, is
considered firsi aid even though provided by a
physician or registered professional personnel.
(n) The term "lost workdays" means the
number of days the employee would have
worked but could not because of occupational in-
jury or illness. The number of lost workdays
should not include the day of injury. The number
of days includes all days (consecutive or not) on
which, because of the injury or illness:
(1) the employee would have worked but
could not, or
(2) the employee was assigned to a temporary
job, or
(3) the employee worked at a permanent job
less than full time, or
(4) the employee worked at a permanently as-
signed job but could not perform all duties
normally assigned to it.
For employees not having a regularly
scheduled shift, i.e., certain truck drivers,
construction workers, part-time employees,
etc., it may be necessary to estimate the
number of lost workdays. Estimates of lost
workdays shall be based on prior work history
of the employee and days worked by
employees, not ill or injured, working in the
agency and/or occupation of the ill or injured
employee.
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REGULATIONS AND PROCEDURES
SUBPART B-RECORDKEEPING AND REPORTING REQUIREMENTS
FOR OCCUPATIONAL INJURIES, ILLNESSES AND ACCIDENTS
1960.3
PURPOSE, SCOPE AND GENERAL PROVISIONS
(a) The purpose of this subpart is to establish
uniform requirements for the collection and
compilation by agencies of occupational safety
and health data, thereby assisting the Secretary
of Labor in meeting the requirement imposed
upon him by Section 24 of the Act to "develop
and maintain an effective program of collection,
compilation, and analysis of occupational safety
and health statistics," and enabling agencies to
establish occupational safety and health man-
agement information systems pursuant to the
requirements of Executive Order 11807.
(b) In order to perform his duties under Section
19 of the Act and Executive Order 11807, par-
ticularly with respect to providing the President
with current information about the Federal
agency safety and health program, it is neces-
sary that the Secretary be promptly informed of
serious accidents involving agency employees as
provided in ? 1960.8. Assistance to agencies in
the investigation of such accidents is available
pursuant to the provisions of Executive Order
11807, and agencies are urged to avail them-
selves of such assistance.
(c) Each agency should seek to utilize the infor-
mation collected through its management infor-
mation system to identify unsafe and unhealth-
ful working conditions, and to establish program
priorities. Assistance by the Secretary of Labor
in such matters is available to agencies pursuant
to the provisions of Executive Order 11807. The
guidelines in ? 1960.9 of this subpart, which dis-
cuss the utilization of agency records and re-
ports, were developed to assist agencies to
further joint labor-management safety and
health efforts in this regard.
(d) The Department of Labor shall provide
Federal agencies with detailed instructions for
the proper completion of the recordkeeping and
reporting forms specified in ?? 1960.4, 1960.5,
1960.6, and 1960.7, with which agencies shall
comply. The Department of Labor shall also
provide agencies with sufficient copies of all
forms necessary to record and report the re-
quired information. Occupational Safety and
Health Administration (OSHA) Forms No.
100F, 101F, 102F, 102FF, and instructions for
their completion are hereby filed with the Office
of the Federal Register as part of the original
document. Copies may also be inspected during
regular business hours at the Office of Federal
Agency Safety Programs, U.S. Department of
Labor, Washington, D.C. 20210.
(e) The provisions of this subpart are not in-
tended to discourage agencies from utilizing
recordkeeping and reporting forms which con-
tain a more detailed breakdown of information
than the forms provided by the Department of
Labor, nor are they intended to preclude agen-
cies from establishing accident, injury and ill-
ness subcategories within the coded categories
established by the Department of Labor for the
completion of its forms, provided that subtotals
are provided for each coded category estab-
lished by the Department of Labor.
(f) Information required to be submitted to the
Department of Labor by this subpart may be
submitted on media processable by electronic
data processing equipment provided that such
media comply with the requirements of the Of-
fice of Federal Agency Safety Programs, U.S.
Department of Labor.
(g) Information concerning occupational in-
juries, illnesses or accidents which, pursuant to
statute or Executive Order, must be kept secret
in the interest of national defense or foreign pol-
icy, shall be recorded on separate forms. Such
records shall not be submitted to the U. S. De-
partment of Labor, but may be used by the ap-
propriate Federal agency in evaluating the
agency's program to reduce occupational in-
juries illnesses and accidents.
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1960.4-RECORD OR LOG OF
FEDERAL OCCUPATIONAL INJURIES AND ILLNESSES
(a) Each Federal agency shall maintain a record
or log of all recordable occupational injuries and
illnesses for each establishment. Where both
civilian and noncivilian employees are employed
at a single establishment, separate records or
logs shall be maintained for each category.
formation of a recordable occupational injury or
illness, appropriate information concerning such
injury or illness shall be entered on the record or
log. For this purpose, OSHA Form No. 100F, or
its equivalent, shall be used and shall be com-
pleted in the detail required by that form and
the instructions contained therein.
(b) Within 6 working days after receiving in-
1960.5-SUPPLEMENTARY RECORD OF
FEDERAL OCCUPATIONAL INJURIES AND ILLNESSES
In addition to the record or log of Federal oc-
cupational injuries and illnesses provided for
under ? 1960.4, each Federal agency shall main-
tain a supplementary record for each occupa-
tional injury and illness. The record shall be
completed within 6 working days after the re-
ceipt of information that a recordable occupa-
tional injury or illness has occurred. For this
purpose. OSHA Form No. 101F, or Federal
Employees' Compensation Forms, or other
equivalent forms may be used. OSHA Form No.
101F, or its equivalent, shall be completed in the
detail required by the form and the instructions
contained therein.
1960.6-QUARTERLY AND ANNUAL SUMMARIES OF
FEDERAL OCCUPATIONAL INJURIES AND ILLNESSES
(a) Each Federal agency, on a calendar year
basis, should compile an annual summary of oc-
cupational injuries and illness for each estab-
lishment, and shall compile both a quarterly and
annual summary of occupational injuries and
illnesses for each reporting unit. The summaries
shall be based on the record or log of Federal
occupational injuries and illnesses maintained
pursuant to ? 1960.4. OSHA Form No. 102F
shall be used for these purposes, and shall be
completed in the form and detail required by
that form and the instructions contained there-
(b)*Each agency shall furnish the Department of
Labor with a copy of its annual summaries
compiled on the basis of reporting units. Each
annual summary of Federal occupational in-
juries and illnesses shall be completed and
forwarded to the Department of Labor no later
than 45 calendar days after the close of the ap-
plicable reporting period.
* The Department of Labor is not presently requiring the submission of a
quarterly OSHA Form No. 102F, however, it does recommend that the form be
compiled for internal program analysis.
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1960.7-QUARTERLY AND ANNUAL SUMMARIES OF
FEDERAL OCCUPATIONAL ACCIDENTS
(a) Each Federal agency, on a calendar year
basis, shall compile both a quarterly and an an-
nual summary of Federal occupational accidents
for each reporting unit. OSHA Form No. 102FF
shall be used for this purpose, and shall be com-
pleted in the form and in the detail required by
that form and the instruction contained therein.
(b)kEach annual summary of Federal occupat-
ional accidents shall be completed and forwarded
to the Department of Labor no later than 45 cal-
endar days after the close of the applicable re-
porting period.
1960.8-REPORTING OF SERIOUS ACCIDENTS
(a) Within 2 working days after the occurrence
of an employment accident which is fatal to one
or more employees, which results in the hos-
pitalization of five or more employees, or which
involves property damage of $100,000 or more,
or within 2 working days after the occurrence of
a death which is the result of an employment ac-
cident, the head of the Federal agency shall re-
port the accident either by telephone or by tele-
graph to the Secretary of Labor. The report
shall relate the circumstances of the accident,
any actions taken by the agency regarding the
accident, the number of fatalities, and the ex-
tent of any injuries. The agency head shall also
report any employment accident involving both
Federal and non-Federal employees which re-
sults in a fatality or the hospitalization of five or
more such employees. The Secretary of Labor
may require such additional reports, in writing
or otherwise, as he deems necessary.
(b) Agencies shall construe the term "employ-
ment accident" in a liberal manner for the pur-
poses of this section, and shall report such acci-
dents even where there is some doubt as to the
relationship between the accident and the
"course" or "scope" of employment activities.
This requirement is necessary in order that the
Secretary of Labor may meet his legal obliga-
tions, and the reporting of an accident pursuant
to this section therefore does not preclude an
agency from making separate determinations
regarding the circumstances of the accident as
they may relate to administrative or legal pro-
ceedings to establish liability for compensation.
1960.9-LOCATION AND UTILIZATION
OF RECORDS AND REPORTS.
(a) Section 2(b)(13) of the Act declares that one
of the purposes of the Act is to encourage joint
labor-management efforts to reduce injuries and
disease arising out of employment; and, as set
forth in ? 1960.1(e), the participation of all
employees and labor organizations representing
* The Department of Labor is not presently
quarterly OSHA Form No. 102FF, however, it
compiled for internal program analysis.
employees has been deemed particularly sig-
nificant in the success of a Federal agency's oc-
cupational safety and health program. The pro-
visions of this section, dealing with the availabil-
ity of information compiled pursuant to the pro-
visions of this subpart, are designed to guide
requiring the submission of a
does recommend that the form be
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agencies in providing agency employees and
their representatives with the basic information
necessary to assure that they can actively par-
ticipate in an agency safety and health program.
The provisions of this section are also designed
to encourage agencies to allow agency safety and
health inspectors to have direct access to the ac-
cident, injury and illness records of the estab-
lishments they are inspecting in order that they
may better carry out their duties pursuant to
Subpart D of this part.
(b) The log and supplementary records required
by ?? 1960.4 and 1960.5 should be maintained at
each establishment. Where, for reasons of effi-
cient administration or practicality, an agency
must maintain these records at a place other
than at each establishment, such agency should
ensure that there is available at each establish-
ment a copy of these records. The copy of the log
so maintained or made available at an establish-
ment should reflect separately the injury and
illness experience of that establishment. These
records should be complete and as current as
possible; in no case should more than 45 days
elapse after the recording of an illness or injury
occurring in an establishment and the availabil-
ity of the records reflecting that injury or illness
at that establishment.
(c)
(1) For agencies engaged in activities such as
agriculture, construction, transportation,
communications, and electric, gas and sani-
tary services, which may be physically dis-
persed, the log and supplementary records, or
copies thereof, may be mainained at a place to
which employees report each day.
REGULATIONS AND PROCEDURES
such as traveling employees, technicians, en-
gineers, etc., the log and supplementary rec-
ords, or copies thereof, may be maintained at
the location from which they are paid or the
base from which personnel operate to carry
out their activities.
(d) Each Federal agency should post a copy of
the annual summary of Federal occupational in-
juries and illnesses for an establishment, as
compiled pursuant to ? 1960.6, at such estab-
lishment, no later than 45 calendar days after
the close of the calendar year, or otherwise dis-
seminate a copy of the annual summary for an
establishment in written form to all employees
of the establishment. Copies of the annual sum-
mary should be posted for a minimum of 30 con-
secutive days in a conspicuous place or places in
the establishment where notices to employees
are customarily posted. Where establishment
activities are physically dispersed, the notice
may be posted at the location to which
employees report each day. Where employees do
not primarily work at or report to a single loca-
tion, the notice may be posted at the location
from which the employees operate to carry out
their activities. Each Federal agency should
take any necessary steps to ensure that such
summary is not altered, defaced, or covered by
other material.
(.) The head of each agency should make provi-
sion to ensure the availability of the records
maintained under this subpart to employees
and, with the permission of the employees in-
volved, to representatives of employees. Such
provision should be in accordance with other
applicable statutes and regulations, and any
applicable collective bargaining agreements.
(f) Agency safety and health inspectors should
(2) For personnel who do not primarily report have access to accident, injury and illness re-
or work at a single establishment, and who are cords in accordance with the provisions of
generally not supervised in their daily work, ? 1960.26(b).
1960.10-ACCESS TO RECORDS BY SECRETARY OF LABOR
The records required to be maintained under
the provisions of this subpart shall be available
and made accessible to the Secretary of Labor or
his authorized representative (including per-
sonnel of the National Institute for Occupational
Safety and Health) unless such records are spe-
cifically required by statute or Executive Order
to be kept secret in the interest of national de-
fense or foreign policy, in which case the Secret-
ary of Labor shall have access to only such in-
formation as will not jeopardize national defense
or foreign policy. The Secretary of Labor or his
authorized representative shall request access
to such records from the head of the agency prior
to examination.
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REGULATIONS AND PROCEDURES
1960.1 1-RETENTION OF RECORDS
The records and reports required to be main-
tained under the provisions of this subpart shall
be retained by each agency for 5 years following
the end of the calendar year to which they re-
late, at any location including a Federal record
retention center, to which the Secretary of
Labor or his authorized representative would
have reasonable access.
1960.12-PLAN OF ACTION
If it has not already done so by the effective
date of this part, each Federal agency shall
submit the following information to the Depart-
ment of Labor no later than January 1, 1975 and
at such other times as changes occur:
(a) A list of the names and addresses of each
Federal reporting unit which will be covered in
the records and reports required by this sub-
part.
(b) The average number of full-time and part-
time personnel employed in each reporting unit
for which separate records and reports will be
maintained.
(c) A brief description of any differences be-
tween an agency's internal recordkeeping and
reporting system and the recordkeeping and re-
porting system provided by this subpart.
Any Federal agency created or reorganized
after October 1, 1974 shall submit an appro-
priate plan within sixty working days of com-
mencement of operations as a new entity.
1960.13 [RESERVED]
1960.14 [RESERVED]
SUBPART C-AGENCY ORGANIZATION
1960.15-PURPOSE AND SCOPE
(a) The provisions of this subpart have been de-
veloped by the Secretary of Labor to provide
guidance to agency heads in the management of
an effective and comprehensive occupational
safety and health program.
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OCCUPATIONAL SAFETY AND HEALTH
(b) Nothing in this subpart is intended in any
way to modify the organization or the operation
of an agency health services program conducted
pursuant to 5 U.S.C. 7901 and OMB Circular
A-72. Such a program can, however, contribute
to the successful implementation of the occupa-
tional safety and health program set forth by
this part, by providing for medical examina-
tions, other health monitoring procedures, and
the maintenance of medical records, where
agency safety and health standards adopted
pursuant to this part so require. The Depart-
ment of Labor will cooperate with the Civil
Service Commission and other appropriate au-
thorities and organizations to resolve problems
which arise in connection with the implementa-
tion of an agency occupational safety and health
program in relation to health services and other
personnel policies and programs.
1960.16-DESIGNATED SAFETY AND HEALTH OFFICIAL
(a) Executive Order 11807 provides that the
head of each agency shall:
Designate or appoint, to be responsible for the manage-
ment and administration of the agency occupational safety
and health program, an agency official with sufficient au-
thority to represent effectively the interest and support of
the agency head.
It is the considered judgment of the Secretary of
Labor that an official of the rank of Assistant
Secretary, or of equivalent rank or equivalent
degree of responsibility, would be of such sta-
ture as to be able to fill such a position adequate-
ly. It is also the considered judgment of the Sec-
retary of Labor that in order for such official "to
represent effectively the interest and support of
the agency head," such official should have suffi-
cient headquarters staff with necessary training
and experience, and who report directly and exc-
lusively to such official, to carry out his func-
tions under this part.
(b) The designated safety and health official
should assist the agency head in establishing:
(1) an occupational safety and health policy to
carry out the provisions of section 19 of the
Act of Executive Order 11807;
(2) an organization and set of procedures that
will effectively implement that policy by ob-
serving the provisions of this part, consider-
ing the mission, size and organization of the
agency;
(3) goals and objectives for reducing and
eliminating occupational accidents, injuries
and illnesses;
(4) plans and procedures for evaluating the
agency's occupational safety and health pro-
gram effectiveness at all operational levels;
and
(5) priorities with respect to the factors
which cause occupational accidents, injuries
and illnesses so that appropriate corrective
action can be taken.
(t) The designated safety and health official
should assist the agency head in taking appro-
priate steps to provide sufficient funds for
necessary safety and health staff, equipment,
material, and training required to ensure an ef-
fective agency occupational safety and health
program.
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REGULATIONS AND PROCEDURES
1960.17-SAFETY AND HEALTH COMMITTEES
The head of each agency should provide for
the establishment of agency safety and health
committees, composed of representatives of
management and representatives of the
employees, at the national level, at the regional
or comparable level, and at the establishment
level, for the purpose of advising and assisting
agency officials, at those respective levels, with
respect to their responsibilities under the
agency occupational safety and health program.
Such committees may also include technical per-
sonnel in accordance with the functions to be
performed by a particular committee. Suggested
functions of such committees are set forth in
?? 1960.25(b) and 1960.41, but these are not exc-
lusive.
1960.18-POSTING OF NOTICE; AVAILABILITY OF ACT,
THIS PART, AND DETAILS OF THE AGENCY SAFETY
AND HEALTH PROGRAM
(a) Each agency should post and keep posted a
notice or notices informing employees of the
protections and obligations provided for in the
Act, Executive Order 11807 and agency pro-
grams under this part. The Department of
Labor will furnish a uniform poster to agencies.
Each agency should add to this uniform poster,
or include in its notice or notices, the details of
the agency's procedures (established pursuant
to ? 1960.31) for reports by employees of possi-
ble unsafe or unhealthful working conditions of
which they have cognizance, the location where
employees will be able to obtain information
about the agency's occupational safety and
health program, including specific agency occu-
pational safety and health standards, and relev-
ant information about any establishment safety
and health committee. Such notice or notices
should be posted by the agency in each estab-
lishment in a conspicuous place or places where
notices to employees are customarily posted.
Such notices should not be altered, defaced, or
covered by other material, and should be kept up
to date. Agencies may also convey the informa-
tion required by this paragraph to employees by
other means, provided the notice or notices are
also posted in accordance with this paragraph.
(b) Copies of the Act, Executive Order, regula-
tions and guidelines published in this part, de-
tails of the agency's safety and health program
and applicable safety and health standards, or
summaries of any of the forgoing items, should
be made available upon request to employees or
employee representatives for review in the es-
tablishment where the employees are employed
as soon as practicable and at a time mutually
convenient to the employees and employee rep-
resentatives and the agency.
1960.19-DUTIES OF AGENCY OFFICIALS AND EMPLOYEES
(a) Each employee who exercises any supervis-
ory functions should comply with agency occupa-
tional safety and health standards and all rules,
regulations, and orders issued by the head of the
agency with respect to the agency occupational
safety and health program. In addition, any such
employee who is the official in charge of an es-
tablishment should comply with any additional
rules, regulations or orders issued by the head
of the agency to implement. the provisions of
Subpart D of this part with respect to the par-
ticular duties of such an official in the identifica-
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tion and correction of unsafe or unhealthful
working conditions.
(b) Each employee should comply with agency
occupational safety and health standards and all
rules, regulations, and orders issued by the head
of the agency which are applicable to an
employee's own actions and conduct; and each
employee should report any unsafe or unhealth-
ful working condition of which he becomes aware
to employees who exercise supervisory func-
tions, or, pursuant to the procedure established
in accordance with the provisions of ? 1960.31,to
agency safety and health officials.
(c) The head of each agency should ensure that
in any evaluation of performance or potential,
the excellence or culpable failure of each official
in charge of an establishment, supervisory
employee, or other employee in the performance
of his or her occupational safety and health re-
sponsibilities be taken into consideration in ac-
cordance with any applicable rules of the Civil
Service Commission or other appropriate au-
thority. Recognition of group or individual
superior performance should be encouraged.
(d) The head of each agency should ensure that
needed safeguards are included in the agency
occupational safety and health program to en-
sure that no employee is subject to restraint, in-
terference, coercion, discrimination or reprisal
by virtue of such employee's participation in the
agency occupational safety and health program,
including the filing of a report of an unsafe or
unhealthful working condition, the initiation of
any proceeding under or related to this prog-
ram, participation by comment or testimony in
such proceeding, or the exercise by such
employee on behalf of himself or of others of any
other right afforded by section 19 of the Act,
Executive Order 11807, and the agency program
established pursuant to this part. These
safeguards should include procedures for the en-
forcement of these rights which should be con-
sistent with any rules and regulations of the
Civil Service Commission and of the agency in-
volved which deal with such matters of re-
straint, interference, coercion, discrimination or
reprisal.
1960.20-AGENCY SAFETY AND HEALTH
TRAINING GUIDELINES
(a) Purpose.
The purpose of this section is to establish uni-
form training guidelines for all agencies, thereby
assisting agency heads in meeting the require-
ment of Section 2, paragraph 4 of Executive
Order 11807 to "provide adequate safety and
health training for officials at the different man-
agement levies, including supervisory employ-
ees, employees responsible for conducting occu-
pational safety and health inspections, and other
employees."
(b) Agency training programs.
Appropriate job-related safety and health
training, including training as required in agency
safety and health standards, should be provided
for the following groups: employees, employee
representatives, supervisors, senior officials, and
safety and health personnel:
(1) Occupational safety and health training for
employees as defined in 29 CFR 1960.2(c)
should include specialized job safety and health
training appropriate to the work performed by
the employees, for example: clerical, printing,
welding, crane operation, chemical analysi ,
computer operations, etc. Such training should
also include informing employees of their rights
and responsibilities under section 19 of the Oc-
cupational Safety and Health Act of 1970,
Executive Order 11807, 29 CFR Part 1960, and
the agency's safety program.
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(2) Training for employees of the agency who
are representatives of employee groups such as
labor organizations which are recognized by
the agency should include introductory and
specialized courses and materials which will
enable such groups to function appropriately in
the interest of ensuring safe and healthful
working conditions and practices in the work-
place, and, in particular, to enable them to ef-
fectively assist in the conducting of workplace
safety and health inspections. Nothing in this
paragraph shall be construed to alter the provi-
sions of Executive Order 11491, as amended by
Executive Orders Nos. 11636, 11616 and 11838,
nor other provisions of law providing for collec-
tive bargaining agreements and procedures,
nor any agreements entered into pursuant to
such provisions.
(3) Supervisors should be trained through in-
troductory and specialized courses, materials,
and learning experiences which will enable
them to recognize and eliminate occupational
safety and health hazards in their working
units. Such training should also include the de-
velopment of requisite skills in managing the
agency's safety program within the work unit,
including the training and motivation of subor-
dinates toward safe and healthful work prac-
tices.
(4) Designated safety and health officials as de-
fined in ? 1960.2(g) and other top management
officials should receive orientation and other
learning experiences, which will enable them to
manage the occupational safety and health pro-
grams of their agencies. Such orientation
should include coverage of the Occupational
Safety and Health Act of 1970, Executive
Order 11807, the requirements of 29 CFR Part
1960-Safety and Health Provisions for Fed-
eral Employees, and applicable agency safety
and health standards.
(5) Safety and health specialists as defined in
? 1960.2(h), should be trained through courses,
laboratory experiences, field study, and other
learning experiences, to perform the necessary
technical monitoring, consulting, testing, in-
specting, designing, and other tasks which will
enable them to determine whether applicable
agency standards are being met in the work-
place. Training should be designed so as to de-
velop skill in recommending specific corrective
actions where standards are not being met and
in functioning as consultants to agency man-
agement.
(6) Safety and health inspectors, as defined in
? 1960.2(i), should be trained through courses,
field study, and other learning experiences, to
perform inspection of workplaces, including the
preparation of reports and documentation to
support the results of inspections.
(7) Collateral duty safety personnel should be
trained through courses in the basic elements
of safety and health planning to organize, plan,
and implement an effective safety and health
program.
(c) Department of Labor assistance.
The Department of Labor will provide each
federal agency head with training materials
which will assist agencies to fulfill the training
needs in paragraph (b) of this section. The De-
partment of Labor will also provide resident and
field training courses through the Occupational
Safety and Health Training Institute, designed to
meet selected training needs of a Federal agen-
cy's safety and health specialists and/or safety
and health inspectors as defined in ? 1960.2 (h),
W. These materials and courses in no way reduce
the responsibility of each agency to provide
whatever specialized training is required by the
unique characteristics of its work.
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REGULATIONS AND PROCEDURES
SUBPART D-PROCEDURES FOR INSPECTIONS AND ABATEMENTS
1960.25-PURPOSE, SCOPE AND GENERAL PROVISIONS
(a) Executive Order 11807 provides that the
head of each agency shall:
-assure prompt attention to reports by employees or
others of unsafe or unhealthful working conditions; assure
periodic inspections of agency workplaces by personnel
with sufficient technical competence to recognize unsafe
and unhealthful working conditions in such workplaces; and
assure prompt abatement of unsafe or unhealthful working
conditions, including those involving facilities and/or
equipment furnished by another Government agency, in-
forming the Secretary of significant difficulties encoun-
tered in this regard.
The purpose of this subpart is to provide guid-
ance to agency heads in carrying out these
(b) It is the general intent of these guidelines
that day to day responsibility for the inspection
and abatement activities to be carried out pur-
suant to the provisions of this subpart be dele-
gated by designated safety and health officials of
agencies to appropriate agency personnel qual-
ified for this purpose. The Secretary of Labor
recognizes, however, that designated safety and
health officials may desire and should in fact re-
tain personal responsibility for some day to day
agency safety and health activities. Appropriate
provisions has therefore been made in these
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guidelines for the direct exercise of responsibil-
ity by designated safety and health officials
where, as in ?? 1960.31, 1960.32, and 1960.34,
communication with the Secretary of Labor may
be involved.
services which GSA or the other agency pro-
vides for various levels of user charges, and ap-
propriate reimbursement, provisions where the
agency performs the services for which GSA or
the other agency has responsibility.
(c) Safety and health committees at the estab-
lishment and higher levels, as described in
? 1960.17, can play a significant role in assisting
the designated safety and health official and his
respective designees in carrying out their safety
and health duties and the provisions of this sub-
part, as suggested by ?? 1960.26 (b), 1960.29(a)
and 1960.31(f). Such committees should be kept
informed of safety and health matters within
their area of concern, as provided in ?? 1960.32,
1960.33(a) and 1960.34(c).
(d) The provisions of this subpart are not in-
tended to relieve agencies which occupy space
for which the General Services Administration
or another agency has assignment responsibility
from the duties imposed upon them by such oc-
cupancy, including the development and
maintenance of sound fire prevention programs
for such facilities, the conservation of services
and supplies, the use of good housekeeping
methods, the preservation of a good working
atmosphere, participation in a Facility Self-
Protection Plan for dealing with safety
emergencies, and payment of user charges.
Agencies providing safety and health services
pursuant to this subpart and which occupy space
for which GSA or another agency has assign-
ment responsibility should take note of those
(e) Nothing in the provisions of this subpart is
intended to preclude arrangements between
agencies for the exchange of information and
personnel necessary to carry out these provi-
sions.
(f) Executive Order 11807 authorizes assistance
to agencies by the Secretary of Labor, upon re-
quest and reimbursement for the expenses
thereof, in the training of appropriate agency
safety and health personnel, the conduct of in-
spections, and the abatement of unsafe or un-
healthful working conditions. Agencies are en-
couraged to take advantage of such assistance,
particularly with respect to the investigation of
serious accidents.
(g) The Secretary of Labor has determined that
in order to successfully perform his consulta-
tion, evaluation and guidance functions pursuant
to Section 3 of Executive Order 11807, he needs
certain information from each agency about spe-
cial problems that occur in agency inspection
and abatement activities. Accordingly, agencies
should furnish the information requested in
?? 1960.31, 1960.32 and 1960.34, pursuant to ag-
reements with the Secretary concerning the
transmittal of information.
1960.26-SAFETY AND HEALTH INSPECTORS;
FREQUENCY OF INSPECTION
(a) Executive Order 11807 requires that each
agency utilize as inspectors "personnel with suffi-
cient technical competence to recognize unsafe or
unhealthful working conditions" in the work-
places to be inspected. For workplaces where
there is an increased risk of accident, injury or
illness due to the nature of the work performed,
as in the case of chemical or machine processes or
material-handling or loading operations, inspec-
tions should therefore be made by a safety and
healta specialist, as defined in ? 1960.2 (h) of this
part. For workplaces where there is little risk in-
volved, inspections need not be made by a safety
and health specialist, but should be conducted by
a person having sufficient training and/or experi-
ence in the safety health needs of workplaces in-
volved to adequately carry out the duties of an
inspector as set forth in Executive Order 11807
and this subpart. Also inspectors should be ac-
companied on such inspections by repre-
sentatives of the official in charge of the estab-
lishment being inspected, and representatives of
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the employees of such establishment, pursuant
to the provisions of ? 1960.29.
(b) Agencies should authorize safety and health
inspectors to utilize the services of additional
technical and professional personnel, including
labor organization and/or safety committee per-
sonnel who possess such expertise, to aid them
to evaluate the safety and health of working
conditions while conducting an inspection. All
safety and health inspectors should be provided
with technical test equipment where appro-
priate.
formation classified in the interest of national
security should provide access to safety and
health inspectors who have obtained the appro-
priate security clearance.
(d) All workplaces, including offices, should be
inspected at least once annually. For all work-
places where there is an increased risk of acci-
dent, injury or illness due to the nature of the
work performed, inspections should be con-
ducted more frequently, as determined by the
designated safety and health official or his des-
ignee based upon extent and degree of risk of
accident, injury or illness involved.
(c) Each agency which has areas containing in-
1960.27-CONDUCT OF INSPECTION
(a) For the purpose of assuring safe and health-
ful working conditions for employees of agen-
cies, safety and health inspectors should be au-
thorized to enter without delay, and at reason-
able times, any building, installation, facility,
construction site, or other area, workplace or
environment where work is performed by
employees of the agency; to inspect and investi-
gate during regular working hours and at other
reasonable times, and within- reasonable limits
and in a reasonable manner, any such place of
employment, and all pertinent conditions, struc-
tures, machines, apparatus, devices, equipment
and materials therein; and to question privately
any employee, and/or any supervisory em-
ployee, and/or any official in charge of an estab-
lishment. Subject to these provisions, and to the
provisions of ?? 1960.26 and 1960.28, inspections
should take place at such times and in such es-
tablishments as the designated safety and health
official or his designee directs.
(b) Prior to commencement of an inspection, the
inspector should be instructed to examine ap-
propriate accident, injury and illness records of
the establishment to be inspected, pursuant to
? 1960.9!(f , in order to facilitate the identifica-
tion of unsafe or unhealthful working conditions.
structed to take environmental samples where
appropriate, to take or obtain photographs re-
lated to the purpose of the inspection, and to
employ other reasonable techniques of inspec-
tion.
(d) Safety and health inspectors should be in-
structed to comply with all safety and health
rules and practices at the establishment being
inspected, and to wear and use appropriate pro-
tective clothing and equipment.
(.) The conduct of inspections should be such as
to preclude unreasonable disruption of the oper-
ations of the establishment.
(f) At the conclusion of an inspection, the safety
and health inspector should confer with the offi-
cial in charge of the establishment or his rep-
resentative, and an appropriate representative
of the employees of the establishment, and in-
formally advise them of any apparent unsafe or
unhealthful working conditions disclosed by the
inspection. During such conference, the official
in charge of the establishment and the employee
representative should be afforded an opportu-
nity to bring to the attention of the safety and
health inspector pertinent information regard-
ing conditions in the workplace.
(c) Safety and health inspectors should be in-
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1960.28-ADVANCE NOTICE OF INSPECTIONS
(a) Advance notice of inspections should not be
given to the official in charge of an establish-
ment, except in the following situations:
(1) in cases of apparent imminent danger, to
enable the official in charge of an establish-
ment to abate the danger as quickly as possi-
ble;
(2) in circumstances where the inspection can
most effectively be conducted after regular
business hours or where special preparations
are necessary for an inspection;
(3) where necessary to assure the presence of
representatives of the official charge of the es-
tablishment or representatives of employees,
or the appropriate personnel needed to aid in
the inspection; and
(b) In the situations described in paragraph (a)
of this section, advance notice of inspections
should be given only if authorized by the desig-
nated safety and health official or his designee,
except that in cases of apparent imminent
danger, advance notice coiold be given by the
safety and health inspector without such au-
thorization if the designated safety and health
official or his designee is not immediately avail-
able. When advance notice is given to the official
in charge of the establishment, it should be his
responsibility to notify promptly, upon receipt
of this information, the representative of
employees for the purposes set forth in
? 1960.29. Advance notice in any of the situa-
tions described in paragraph (a) of this section
should not be given more than 24 hours before
the inspection is scheduled to be conducted, ex-
cept in unusual circumstances.
(4) where required by security regulations.
1960.29-REPRESENTATIVES OF OFFICIALS IN CHARGE
AND REPRESENTATIVES OF EMPLOYEES
(a) Safety and health inspectors should be in
charge of inspections and questioning of per-
sons. A representative of the official in charge of
an establishment and a representative of
employees under his supervision should be given
an opportunity to accompany the safety and
health inspector during the physical inspection
of any workplace, both to aid the inspection and
to provide such representatives with more de-
tailed knowledge about any existent or potential
unsafe or unhealthful working conditions. A
safety and health inspector should also arrange
for additional representatives of the official in
charge and additional representatives of
employees to accompany him where he deter-
mines that such additional representatives will
further aid the inspection. A different represen-
tative of the official in charge and a different
representative of employees may be allowed to
accompany the safety and health inspector dur-
ing each different phase of an inspection. The
members of an establishment's safety and health
committee, created pursuant to ? 1960.17, may
act in the capacity of representatives for the
purposes of this section if the committee and the
official in charge of the establishment so agree.
(b) Safety and health inspectors should be au-
thorized to deny the right of accompaniment
under this section to any person whose partici-
pation interferes with a fair and orderly inspec-
tion. With regard to facilities classified in the in-
terest of national security, only persons au-
thorized to have access to such facilities should
be allowed to accompany a safety and health in-
spector in such areas.
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1960.30-CONSULTATION WITH EMPLOYEES
Safety and health inspectors should consult
with employees concerning matters of occupa-
tional safety and health to the extent the inspec-
tors deem necessary for the conduct of an effec-
tive and thorough inspection. During the course
of an inspection, any employee should be af-
forded an opportunity to bring to the attention
of the safety and health inspector any unsafe or
unhealthful working condition which he has
reason to believe exists in the workplace.
1960.31-REPORTS BY EMPLOYEES OF UNSAFE OR
UNHEALTHFUL WORKING CONDITIONS
(a) The purpose of this section is to provide
guidance in the establishment of a channel of
communication between agency employees and
those with responsibilities for safety and health
matters which will assure prompt analysis and
response to reports of alleged unsafe or un-
healthful working conditions in accordance with
the requirements of Executive Order 11807.
Since many safety and health problems can be
eliminated as soon as they are identified, the
existence of this channel of communication is in-
tended to supplement oral reports of unsafe or
unhealthful working conditions made by
employees to their supervisors, not to act as a
substitute for such reports. At the same time.,
however, an employee should not be required to
await the outcome of such an oral report before
filing a written report pursuant to the provisions
of this section. Nothing in this section is in-
tended to interfere in any way with the prior,
simultaneous or subsequent use of any employee
of the grievance procedures established pur-
suant to Executive Order No. 11491, as
amended, Executive Order 11636, collective
bargaining agreement, or 5 CFR Part 771 (or
military equivalent) as a means of requesting
correction of alleged unsafe or unhealthful work-
ing conditions.
(b) Any employee or representative of
employees who believes that an unsafe or un-
healthful working condition exists in any work-
place where such employee is employed, should
be authorized to request an inspection of such
workplace by giving notice of the alleged unsafe
or unhealthful working condition to the desig-
nated safety and health official, or to his desig-
nee for this purpose. Any such report should be
reduced to writing; should set forth with
reasonable particularity the grounds for the re-
port; and should be signed by the employee or
representative of employees. Upon the request
of the person making such report, the desig-
nated safety and health official or his designee
for this purpose should not disclose the name of
such person or the names of individual
employees referred to in the report to anyone
other than authorized representatives of the
.Secretary of Labor, except as provided in
paragraph (c) of this section. In the case of im-
minent danger situations, employees should be
allowed to make reports first by telephone or
telegraph and reduce them to writing as soon as
practicable thereafter.
(c) The designated safety and health official or
his designee should consider the report and de-
termine within 5 working days after receipt of
such report whether there are reasonable
grounds to believe that the alleged unsafe or un-
healthful working condition exists. If he does so
determine, he should cause an inspection to be
made as soon thereafter as possible to determine
if such alleged unsafe or unhealthful working
conditon does in fact exist. If the inspector is
unable to locate the alleged unsafe or unhealth-
ful working condition without the assistance of
the person who submitted the report, the desig-
nated safety and health official or his designee
may give the inspector the name of such person,
but he should satisfy himself that the name of
the person submitting the report and the names
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of i nd ividual employees referred to in the report
will not be disclosed to anyone else. In the event
the employee report, whether oral or in writing,
describes an unsafe or unhealthful working con-
dition which may present imminent danger to
the safety or health of employees, the desig-
nated safety and health official or his designee
should make an immediate determination as to
whether there are reasonable grounds to believe
that the alleged unsafe or unhealthful working
condition exists; and if he does so determine, he
should cause an immediate inspection to be
made.
(d) Inspections initiated pursuant to this sec-
tion need not be limited to matters referred to in
the report of an alleged unsafe or unhealthful
working condition. Prior to or during any in-
sepction of a workplace initiated pursuant to this
section, any employee employed in such work-
place, or representative of employees, should be
permitted to notify the safety and health inspec-
tor of any other unsafe or unhealthful working
condition which he has reason to believe exists
in such workplace.
(e) If the designated safety and health official or
his designee determines that there are no
reasonable grounds to believe an unsafe or un-
healthful working condition exists, or if an in-
spection is made on the basis of a report alleging
such condition but no such condition is deter-
mined to exist, the employee or representative
of employees who filed the report should be so
notified in writing. The employee or representa-
tive of employees should be given an opportu-
nity for prompt and informal review of such de-
termination by appropriate officials, including
final review by the designated safety and health
official. Any determination made during this re-
view process should be in the form of a written
statement setting forth the reasons for such dis-
position. Employees and employee representa-
tives should be informed of these rights and pro-
cedures for review.
(f) The designated safety and health official may
utilize as his designee for the purposes of this
section, where this section entitles a designee to
act on his behalf, an appropriate safety and
health committee created pursuant to ? 1960.17,
but he should satisfy himself that the confiden-
tiality of the identity of the persons making or
named in a report of an alleged unsafe or un-
healthful working condition will be adequately
preserved.
(g) Agencies should include in their procedures
a means for any employee or representative of
employees who filed a report alleging an unsafe
or unhealthful working condition, and who is
dissatisfied with the final disposition by the
agency, to contact in writing the Office of Fed-
eral Agency Safety Programs, U. S. Department
of Labor (with a copy to the designated safety
and health official), describing in detail the en-
tire processing of the report of the alleged un-
safe or unhealthful working conditions and set-
ting forth his or her objections thereto. Each
such person should be notified of such right by
the agency upon final disposition of his report.
The Office of Federal Agency Safety Programs,
pursuant to ? 1960.25(g), may request the
agency to submit a report of its investigation,
and may arrange for an inspection of the alleged
unsafe or unhealthful working condition if
necessary. Each agency should maintain its files
on such reports and their disposition intact for 5
years following the end of the calendar year to
which they relate, at any location, including a
Federal record retention center, to which the
Secretary of Labor or his authorized represen-
tative would have reasonable access.
1960.32-IMMINENT DANGER
Whenever and as soon as a designated safety
and health official or his designee concludes on
the basis of an inspection that conditions or
practices exist in any place of employment which
could reasonably be expected to cause death or
serious physical harm immediately, or before
the imminence of such danger can be eliminated
through the normal abatement procedures de-
scribed in ?? 1960.33 and 1960.34, he should in-
form the affected employees and official in
charge of the establishment of the danger. The
official in charge of the establishment, or a per-
son empowered to act for him in his absence,
should undertake immediate abatement and the
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withdrawal of employees not necessary for
abatement of the dangerous conditions. In the
event the official in charge of the establishment
needs assistance to undertake full abatement, he
should promptly contact the designated safety
and health official and other responsible agency
officials, who should assist him. Pursuant to
? 1960.25(g), the designated safety and health
official should inform the Secretary of Labor, as
soon as time permits, of any imminent danger
which cannot be promptly and completely
abated. Agency safety and health committees
should be informed of all relevant actions as soon
as time permits, as should representatives of the
employees.
1960.33-NOTICES OF UNSAFE OR
UNHEALTHFUL WORKING CONDITIONS
(a) Each agency should establish a procedure
for issuing notices of unsafe or unhealthful work-
ing conditions discovered upon inspection.
Notices should describe with particularity the
nature of the unsafe or unhealthful working con-
dition, including a reference to the standard or
other requirement involved. The notice should
also fix a reasonable time for the abatement of
the unsafe or unhealthful working condition. A
copy of the notice should be sent to the official in
charge of the establishment, and to the safety
and health committee of the establishment, if
any.
(b) If a notice of an unsafe or unhealthful work-
ing condition is issued as a result of a report filed
pursuant to ? 1960.31, a copy of the notice of the
unsafe or unhealthful working condition should
also be sent to the person who made such report
or notification.
(c) Upon receipt of any notice of an unsafe or
unhealthful working condition, the official in
charge of an establishment should immediately
post such notice, or copy thereof, unedited, at or
near each place an unsafe or unhealthful working
condition referred to in the notice exists or
existed. Where, because of the nature of the es-
tablishment operations, it is not practicable to
post the notice at or near each such place, such
notice should be posted, unedited, in a promi-
nent place where it will be readily observable by
all affected employees. For example, where es-
tablishment activities are physically dispersed,
the notice may be posted at the location to which
employees report each day. Where employees do
not primarily work at or report to a single loca-
tion, the notice may be posted at the location
from which the employees operate to carry out
their activities. The official in charge of an es-
tablishment should take steps to ensure that the
notice is not altered, defaced, or covered by
other material.
(d) Each notice of an unsafe or unhealthful
working condition, or a copy thereof, should re-
main posted until the unsafe or unhealthful
working condition has been abated, or for 3
working days, whichever is later:
1960.34-CORRECTION OF UNSAFE OR
UNHEALTHFUL WORKING CONDITIONS
(a) The official in charge of an establishment
should have primary responsibility for the cor-
rection of unsafe or unhealthful working condi-
tions brought to his attention by any means.
Where a notice of an unsafe or unhealthful work-
ing condition has been issued pursuant to
? 1960.33, abatement should be within the time
set forth in the notice.
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(b) The procedures for correcting unsafe or un-
healthful working conditions should include
reinspection, where practicable, to determine
whether the correction was made. If upon
reinspection, it appears that the correction was
not made, or was not carried out in accordance
with an abatement plan submitted pursuant to
paragraph (c) of this section, the designated
safety and health official should inform the head
of the agency for appropriate action, including
action in accordance with the provisions of
? 1960.19(c).
(c) The official in charge of the establishment
should immediately submit an abatement plan to
the designated safety and health official, if in his
judgment the abatement of an unsafe or un-
healthful working condition will not be possible
within 30 working days. Such plan should con-
tain an explanation of the circumstances of the
delay in abatement, a proposed timetable for the
abatement, and a summary of steps being taken
in the interim to protect employees from being
injured by the unsafe or unhealthful working
condition. A copy of the plan should be sent to
the safety and health committee of the estab-
lishment, if any, for appropriate comment and
assistance. If the estimated abatement time is
more than 60 working days, the designated
safety and health official shall forward a copy of
the plan to the agency head who should convey it
to the Secretary of Labor. The head of each
agency should inform the Secretary of Labor,
pursuant to ? 1960.25(g) and at regular intervals
to be determined by the Secretary in accordance
with the scope and extent of the risk to employee
safety and health involved, as to the progress
made in carrying out the abatement plan. Any
changes in an abatement plan will require the
submission of a new plan in accordance with the
provisions of this section.
1960.35-39
[RESERVED]
SUBPART E-AGENCY OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1960.40 PURPOSE AND SCOPE
Executive Order 11807 requires that the head
of each Federal agency establish procedures for
the adoption of agency occupational safety and
health standards, and that these agency stan-
dards be "consistent" with the standards prom-
ulgated by the Secretary of Labor pursuant to
section 6 of the Act and applicable to private
employment (hereinafter referred to as the Oc-
cupational Safety and Health Administration
(OSHA) standards). For the purposes of this
subpart, standards are "consistent" with OSHA
standards if they provide protection to
employees which is at least as effective, as the
protection provided by the OSHA standards.
Executive Order 11807 requires the Secretary of
Labor to provide "such consultation to agencies
as he deems necessary and appropriate to en-
sure" that agency standards are consistent with
OSHA standards. Specific assistance to agencies
in the evaluation of working conditions and the
adoption of standards is available from the Sec-
retary of Labor pursuant to the provisions of
Executive Order 11807. The purpose of this sub-
part is to provide guidance to agencies as to all
aspects of standards adoption and application,
based upon the experience of the Secretary of
Labor in this regard, including guidance as to
the type of consultation that should be underta-
ken with the Secretary of Labor prior to the
adoption of various types of agency standards.
In carrying out his responsibilities under this
subpart, the Secretary of Labor shall have due
regard for the need of agencies to move
promptly in adopting agency safety and health
standards.
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1960.41-PROCEDURES FOR ADOPTION
Executive order 1180.7 requires the head of
each agency to establish procedures for the
adoption of any agency occupational safety and
health standards. These procedures should in-
clude special provisions for the adoption of
emergency temporary agency standards pur-
suant to ? 1960.45, and which parallel those of
section 6(c) of the Act. These procedures should
also provide an opportunity for written comment
by all interested persons. Agency safety and
health committees may play an active role in the
formulation and consideration of agency occupa-
tional safety and health standards, as appro-
priate. Where employees of one or more Federal
agencies primarily report to work in an estab-
lishment, as defined in ? 1960.2(e), which is
physically located on an establishment of
another agency, such employees should be con-
sidered as interested parties with respect to the
actions of such other agency pursuant to this
subpart.
1960.42-INITIAL ADOPTION OF AGENCY STANDARDS
(a) In the order to meet the requirements of
Executive Order 11807, agencies should proceed
to adopt agency standards as soon as possible,
pursuant to the provisions of ? 1960.41 and this
section.
(b) The OSHA standards should in most cases
be adopted as agency occupational safety and
health standards unless an agency head deter-
mines that employees of the agency are not and
will not be exposed to working conditions for
which an appropriate group of OSHA standards
have been promulgated (i.e., that specific sub-
parts of Parts 1910, 1915, 1916, 1917, 1918 and
1926 of this chapter are not relevant to agency
working conditions). Consultation with the Sec-
retary of Labor will be available in this regard
and will consist of a review of an agency's own
evaluation of the nature of agency working con-
ditions, or such additional assistance as is re-
quested by an agency pursuant to the provisions
of Executive Order 11807.
(c) Where an agency has already adopted, prior
to October 1, 1974 comprehensive agency occu-
pational safety and health standards for the pro-
tection of agency employees which are not
OSHA standards, the head of such agency may
request the Secretary of Labor to consult with
him as to the appropriateness of readoption of
such standards as the agency occupational
safety and health standards required to be
adopted pursuant to the provisions of this sub-
part. Such a request should include copies of the
standards proposed to be so readopted, ar-
ranged insofar as practicable to correspond to
appropriate subparts of the OSHA standards
contained in Parts 1910, 1915, 1916, 1917, 1918
and 1926 of this Chapter, and should also include
any other pertinent information.
(d) Agencies which traditionally adopt occupa-
tional safety and health standards as, and only
as, part of particular job operation descriptions
such as technical manuals, rather than as stand-
ards of general applicability to all employees,
may request the Secretary of Labor to consult
with them as to the consistency of such stand-
ards with OSHA standards, and as to the ap-
propriateness of adoption of such standards pur-
suant to the provisions of this part. Such a re-
quest should be accompanied by a description of
the system utilized and its scope, proposals to
assure that such particular standards are and
will be as effective as OSHA standards, and
proposals to assure the participation of all in-
terested persons in the adoption of such stand-
ards. Where the Secretary of Labor is unable to
determine whether such standards are fully con-
sistent with OSHA standards, he shall consult
with the agency head as to the appropriate steps
he believes necessary.
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1960.43-ADOPTION OF DIFFERENT AND/OR
SUPPLEMENTARY AGENCY STANDARDS
(a) The head of an agency, at any time after the
adoption of standards pursuant to ? 1960.42,
may adopt in place of particular standards
adopted pursuant to ? 1960.42 such different
standards as he determines are necessary and
appropriate for specialized application to par-
ticular working conditions and other related
needs of the agency. Such standards shall be
consistent with the equivalent OSHA standards
in accordance with the provisions of the Execu-
tive Order; and the head of such agency should
consult with the Secretary of Labor prior to the
adoption of such standards so as to allow the
Secretary to provide such technical advice and
guidance as may be necessary and appropriate in
making such a determination.
adopt such supplementary standards as he de-
termines are necessary and appropriate for ap-
plication to working conditions of agency
employees for which there exists no appropriate
OSHA standards. The head of such agency
should consult with the Secretary of Labor prior
to the adoption of such standards so as to allow
the Secretary to inform the agency head of any
relevant matters of which he is aware.
(c) The head of each agency may revise, modify,
or revoke any agency occupational safety or
health standard, but such actions should be
taken in accordance with the procedures estab-
lished under ? 1960.41 and pursuant to other ap-
propriate provisions of this subpart.
(b) The head of an agency, at any time, should
1960.44-CONFLICTING STANDARDS
(a) Where employees of different agencies
primarily engage in joint operations, and/or
primarily report to work or carry out operations
in the same establishment, as defined in
? 1960.2(e), !the heads of the agencies involved
should consult with each other and with the Sec-
retary of Labor as to the resolution of any con-
flict or potential conflict between the occupa-
tional safety and health standards of the agen-
cies for the conduct of such joint operations and
/or the design of such facilities.
(b) Where the head of an agency is required by
law to comply with requirements promulgated
by a Federal authority affecting the occupa-
tional safety and health of the employees of his
agency, such requirements might conflict with
the agency occupational safety and health
standards adopted pursuant to this subpart; that
is, compliance with such requirement may make
simultaneous compliance with an agency occupa-
tional safety and health standard impossible.
For example, standards issued by the General
Services Administration pertaining to space for
which it has assignment responsibility, pursuant
to its statutory authority to conserve and pro-
tect such property, might create a conflict with
the standards adopted pursuant to this part be-
cause GSA standards pertain to certain aspects
of fire safety and sanitation, as well as levels of
illumination, heating, cooling, and gas consump-
tion for government vehicles. In cases where
compliance with standards of another agency
conflicts with the duty imposed upon the head of
an agency to assure employee safety and health
pursuant to Section 19 of the Act and Executive
Order 11807, the head of such agency should in-
form the head of the other Federal authority and
the Secretary of Labor of such conflict, so that
joint efforts to resolve the conflict may be un-
dertaken.
(c) Appropriate employee representatives
should be kept informed of any activities under-
taken pursuant to this section.
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1960.45
EMERGENCY STANDARDS
(a) In emergency situations, the Secretary of
Labor will not have the time necessary to con-
sider whether or not emergency temporary oc-
cupational safety and health standards adopted
by agencies are "consistent" with those
emergency temporary OSHA standards promul-
gated by the Secretary of Labor pursuant to sec-
tion 6(c) of the Act. Therefore, in the event the
Secretary of Labor does promulgate such a
standard, the head of each agency should adopt
it without change, and, should immediately as-
sure that any agency employees exposed to the
unsafe or unhealthful working condition in-
volved receives the protection provided for in
such standard unless an emergency affecting the
national defense makes this impossible. Such
standard should remain effective as an agency
standard until such time as the Secretary of
Labor promulgates a permanent standard and
the agency has completed procedures provided
for by this subpart for the adoption of an agency
occupational safety and health standard.
(b) An agency head may also adopt emergency
temporary agency occupational safety and
health standards when he deems such action
necessary for the protection of agency
employees from grave dangers. Such agency
head should immediately inform the authorized
representatives of employees of the agency and
the Secretary of Labor of such action.
1960.46-ACCESS TO STANDARDS
(a) Each agency should notify the Secretary of
Labor on a quarterly basis of the final adoption,
revision, modification, or revocation of any
agency occupational safety and health standard
taken within the current quarter, and make
copies available to him upon request.
(b) Where any incorporation by references is
involved in promulgating, revising or modifying
any standard pursuant to this subpart, agencies
should follow the rules set forth in 1 CFR 51.6,
51.7, and 51.8. Difficulties in this regard should
be reported to the Secretary of Labor, who will
consult with the Director of the FEDERAL REG-
ISTER and then advise agencies in this regard.
1960.47-49-[ RESERVED]
SUBPART F -FIELD FEDERAL SAFETY AND HEALTH COUNCILS
1960.50-PURPOSE AND SCOPE
Executive Order 11807 provides that the Sec- health through such arrangements as he deems
retary of Labor shall "facilitate the exchange of appropriate." The Secretary of Labor will estab-
ideas and information throughout the Govern- lish and continue Field Federal Safety and
ment with respect to matters of occupational and Health Councils in the fulfillment of this provi-
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(b) Consistent with this objective, the Secretary
of Labor will continue to sponsor and/or provide
guidance for those Field Federal Safety and
Health Councils now established and in opera-
tion, and establish new field councils as neces-
sary. The field councils will consist primarily of
qualified representatives of local area Federal
field activities whose duties pertain to occupa-
tional safety and health, and also of representa-
tives of recognized local labor organizations, or
other civilian employee organizations, at local
area Federal field activities.
(c) Federal agency heads should ensure that
their field activities are officially represented
and actively participate in the programs of these
councils. In addition, agency heads should en-
courage official representation and active par-
ticipation by employee organizations.
1960.51 ROLE OF THE SECRETARY OF LABOR
(a) The Secretary of Labor will maintain liaison
with agency heads to ensure that they encourage
their field activities to participate actively in
field council programs. To ensure maximum par-
ticipation, the field councils' annual reports to
the Secretary of Labor will provide descriptions
of the degree of participation and support re-
ceived from Federal field activities. The Secre-
tary of Labor will annually furnish each agency
head with a report consolidating the information
received as to the participation of the agency's
several field installations in field council
activities.
(b) The Secretary of Labor will provide lead-
ership and guidance and make available neces-
sary equipment, supplies, and staff services to
the Field Federal Safety and Health Councils to
assist them in carrying out their responsibilities.
The Secretary of Labor will also, within his ca-
pability, provide consultative and technical serv-
ices to field councils. These services may involve
aid in any phases of developing and planning
programs; and in sponsoring, conducting or sup-
porting safety and health training courses.
1960.52 ESTABLISHING A FIELD FEDERAL SAFETY AND
HEALTH COUNCIL
(a) Those field councils established and in opera-
tion prior to the effective date of this subpart
will continue to function without interruption
unless it is the desire of local councils to merge
for reasons that would make the council more
effective.
(b) The Secretary of Labor may establish a
Field Federal Safety and Health Council in any
area where ten or more Federal establishments
totaling 300 or more employees are located
within an area having a radius of 50 miles. In
any such area where there is no council already
established, a field representative of the Secre-
1960.52(c)
tary of Labor may, upon his own initiative or at
the request of any establishment within the
area, contact representatives of all establish-
ments within the area and coordinate their ef-
forts to organize a field council.
(c) After a new Field Federal Safety and Health
Council has been organized, officers elected, and
articles of organization drafted and accepted by
the council membership, a formal request for
recognition as a field council will be sent to the
Secretary of Labor. Upon approval of the Arti-
cles of Organization, a charter will be issued.
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1960.53 OBJECTIVES
The basic objective of field councils is to ac-
complish the greatest possible reduction in the
frequency, severity and cost of occupational ac-
cidents, injuries, and illnesses in the Federal
Government. Field councils will act on behalf of
the Secretary of Labor or his designees on occu-
pational safety and health activities in carrying
out within their respective geographic areas the
following functions:
(a) To act as a clearinghouse on information and
data on occupational accidents, injuries, and
illnesses and their prevention.
(b) To plan, organize, and conduct field council
meetings or programs which will give technical
advice and information to representatives of par-
ticipating agencies and employee organizations.
(c) To promote improvement of safety and
health programs and organizations in each Fed-
eral agency represented or participating in coun-
cil activities.
(d) To promote coordination, cooperation, and
sharing of resources and expertise to aid agen-
cies with inadequate or limited resources. These
objectives can be accomplished in a variety of
ways. For example, field councils could organize
and conduct training programs for collateral
duty safety personnel, coordinate or promote
programs for courtesy inspections, or, on re-
quest, conduct evaluations of the agencies'
safety and health programs.
(e) To provide Federal Executive Boards, Fed-
eral Executive Associations, and labor union or-
ganizations with information on the administra-
tive and technical aspects of safety and health
management.
(f) To evaluate the safety and health problems
peculiar to local conditions and suggest ap-
proaches to eliminating such problems.
(g) To develop a cooperative relationship with
local community leaders by informing them of
the existing functions and objectives of the coun-
cil and by calling on them for support and par-
ticipation in council meetings and activities.
1960.54 MEMBERSHIP
(a) Each field council will consist of representa-
tives of local Federal activities appointed by
their respective activity heads as members or al-
ternates and selected from individuals in the fol-
lowing categories. Categories (1), (2) and (3)
refer solely to Federal personnel meeting the
prescribed qualifications.
(1) Safety and health professionals. This cate-
gory of membership includes Federal person-
nel identified in ? 1960.2 (h). Upon request,
agencies should provide field councils with ros-
ters of their personnel holding those titles re-
ferred to in ? 1960.2(h).
(2) Related professions, occupations, or collat-
eral duty personnel. This category of member-
ship includes persons employed in professions
or occupations related to or concerned with
safety and health of employees.
(3) Representatives of recognized Federal labor
or other employee organizations. This category
of membership includes representatives of
recognized local labor organizations, if any, or
other employee organizations representing
civilian employees in each Federal field activ-
ity comprising the field council. Appointment
of these members for attendance at meetings
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or participation in field council activities will
be by their respective activity heads after con-
sultation and/or negotiation with appropriate
employee representatives. The term and con-
ditions of service of each representative will
be at the descretion of each representative's
activity head. As used in this paragraph, the
term "consultation and/or negotiation with
appropriate employee representatives" shall
include such consultation, conference or
negotiation with representatives of Federal
establishment employees as is consistent with
Executive Order 11491, as amended, Execu-
tive Order 11636, or other collective bargain-
ing arrangements. As used in this paragraph,
the terms "recognized local labor organiza-
tions" and "appropriate employee representa-
tives" should be interpreted with due regard
for any obligation imposed by the aforemen-
tioned Executive Orders and any labor agree-
ment that may cover the employees involved.
(4) Representatives trom nongovernment or-
ganizations. Associate membership may be
granted to any nongovernment individual who
has demonstrated interest in occupational
safety and health. An associate member has no
voting rights and may not hold any office.
(b) A primary objective of the Field Federal
Safety and Health Council is to facilitate an ex-
change of ideas and information with respect to
health and safety. Accordingly, no maximum lim-
itation will be imposed by a Field Federal Safety
and Health Council on itself, under the articles
of organization devleoped in accordance with ?
1960.52(c), in regard to the numbers of personnel
in any of the above categories that will be mem-
bers and/or attend meetings and/or participate in
field council activities.
(c) All officially designated members and rep-
resentatives or their alternates shall have voting
privileges and serve without additional
compensation.
1960.55 ORGANIZATION
(a) Field council officers should include as a
minimum, a chairperson, vice chairperson, and
secretary. Officers should be elected for a one or
two-year term on a calendar year basis by a
majority vote of the representatives present at a
regularly scheduled meeting. Election of officers
should be held at least 60 days before the begin-
ning of a calendar year.
(b) There should be a Field Council Executive
Committee consisting of all elected officers,
chairpersons of appointed committees, the im-
mediate past chairperson of the field council and
a representative of employees who is a member
of the field council who has been selected or
elected by the union representatives who are
members of the council. The executive commit-
tee should meet as necessary on the call of the
chairperson.
(c) In order for the Executive Committee of the
Field Council to be properly representative of
the membership, it should not have more than
two representatives from the same field activity.
(d) Committees may be appointed by the chair-
person for specific purposes as warranted.
1960.56 OPERATING PROCEDURES
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1960.56(a)
(a) The Executive Committee of each council
should meet at least 45 days before the begin-
ning of each calendar year and plan an annual
program for the council designed to accomplish
the objectives and functions stated in ? 1960.53.
Planning should include the establishment of
necessary committees, types of programs and
places of meetings to be held. Duties of all
officers of the field council should be clearly
established.
(b) The council program should include at least
four general meetings per year.
(c) At the first general meeting of the council,
committees should be appointed and the cooper-
ation of all participants should be solicited to aid
the functioning of committees and the successful
accomplishment of the council's objectives.
(d) Meetings and other activities of the field
council should be conducted as outlined in the
council schedule.
(e) Each field council will submit to the Secre-
tary of Labor or his designee by March 15 of
each year a report describing the activities and
programs of the previous calendar year and
plans for the current year. In addition, the re-
port will address the support provided by local
agencies including representatives' attendance.
The Office of Federal Agency Safety
Programs-OSHA-will furnish guidelines to
field councils in preparing their reports.
1960.57-59-[ RESERVED]
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Section 19 of the Occupational Safety and Health Act of 1970 requires
that the head of each Federal agency maintain an effective and comprehen-
sive occupational safety and health program consistent with the standards
promulgated under Section 6 of the Act for the private sector. In addition,
Section 2(3) of Executive Order 11807 requires that the head of each agency
shall establish procedures for the adoption of agency occupational safety
and health standards consistent with the standards promulgated by the
Secretary pursuant to Section 6 of the Act.
OSHA's standards are updated and reprinted each year in Title 29 of
the Code of Federal Regulations. The standards are also published in an
easy-to-use format, the Occupational Safety and Health Subscription Service.
The service not only includes the standards, but their interpretations and
an updating service as the standards are revised.
All of the above standards publications are available from the
Superintendent of Documents, Government Printing Office, Washington, D.C.
20402. An order form for the Subscription Service is found on the last
page of this booklet.
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 Approved For Release 2008/08/28: CIA-RDP86-00735ROO0100010032-8
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