OCCUPATIONAL SAFETY AND HEALTH FOR THE FEDERAL EMPLOYEE
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Document Creation Date:
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Publication Date:
October 21, 1980
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ROUTING AND RECORD SHEET
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1 I
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OCCUPATIONAL SAFETY AND
HEALTH FOR THE
FEDERAL EMPLOYEE
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Tuesday
October 21, 1980
Part V
Department of Labor
Occupational Safety and Health
Administration
Basic Program Elements for Federal
Employee Occupational Safety and Health
Programs; Final Rule
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Federal Register / Vol. 45, No. 205 / Tuesday, October 21, 1980 / Rules and Regulations
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1960.
[Docket No. F-0021
Basic Program Elements for Federal
Employee Occupational Safety and
Health Programs; Final Rule
AGENCY: Occupational Safety and
Health Administration, U.S. Department
of Labor.
ACTION: Final rule.
SUMMARY: Executive Order 12196, issued
to provide direction for the
implementation of Section 19 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 668), directs the
Secretary of Labor to issue a set of basic
program elements to assist the various
Federal agencies in carrying out their
responsibilities under the act and
Executive Order 12198. Executive Order
12196 went into effect October 1, 1980
and supersedes Executive Order 11807.
In order to provide occupational safety
and health protection for Federal
employees, Section 19 imposes on the
head of each Federal agency the
responsibility to "establish and maintain
an effective and comprehensive
occupational safety and health program
which is consistent with the standards
promulgated under Section 6." This
document revises 29 CFR Part 1960,
entitled Safety and Health Provisions for
Federal Employees, to reflect the
requirements of Executive Order 12196
and to carry out the Secretary's
responsibilities under Sections 19 and 24
of the Act.
DATES: This final rule is effective
October 21, 1980. For information on
other related dates, see the discussion of
"Effective Date" set forth in the
Supplementary Information.
FOR FURTHER INFORMATION CONTACT:
Ms. Clinton M. Wright, Director,
Directorate of Training, Education,
Consultation and Federal Agency
Programs, Room N3476, U.S. Department
of Labor, Washington, D.C. 20210 (202-
523-7251).
SUPPLEMENTARY INFORMATION:
1. Background
On March 12, 1980, a draft revision of
29 CFR Part 1960, newly entitled "Basic
Program Elements for Federal Employee
Occupational Safety and Health
Programs and Related Matters" was
submitted to a task group of the Federal
Advisory Council on Occupational
Safety and Health (FACOSH) for
consideration. On March 21 and March However, it is OSHA's position that
28, 1980, the draft proposal of Part 1960 those alterations do not detract from the
was submitted by the task group to all efficacy of the program elements and do
members of FACOSH for consideration provide the flexibility required by
and advice. This proposal was prepared Section 1-401 of the Executive Order.
by the Agency after full consideration of Following is a discussion of the major
the views and advice of FACOSH. On issues identified in agency responses to
May 21, 1980, in accordance with OMB's solicitation of views and in
Section 1-401(c) of Executive Order public comments on OSHA's notice of
12196, the Secretary of Labor submitted rulemaking and OSHA's response
this proposed revision to the Office of thereto, including any major changes in
Management and Budget (OMB). OMB, the proposal.
on June 17, 1980, distributed the 2. Discussion
proposal to selected agencies for
comment. A. Agencies noted that ? 1960.1(b)
In addition, on August 15, 1980, notice contained no provision for consultation
was published (45 FR 54355) inviting with employees or their representatives
public comment on the proposed prior to requesting approval from the
revision of 29 CFR Part 1960. A period Secretary of alternate program elements.
for receipt of written comments on the OSHA believes that employees and
proposed revision was provided, ending employee representatives, as well as
September 15, 1980. safety and health committees where
The purpose of this revision of Part established, should play a role in the
1960 is to set forth the basic program development of alternate program
elements that each Federal agency head elements. Therefore, we have changed
is to follow in establishing and ? 1960.1(b) to require such consultation
maintaining an effective and where alternate program elements are
comprehensive occupational safety and contemplated. A request that an
health program for an agency's opportunity for hearing be provided has
employees. Section 1-401(c) of - been rejected as being inconsistent with
Executive Order 12196 requires the the tenor of the Federal occupational
Secretary of Labor to promulgate these safety and health program, with the
basic program elements to provide requirement of maintaining flexibility
guidance to the heads of Federal set forth in the Executive Order, and
agencies cies to carry out the terms of the with the basic statutory scheme of
rule Section 19 of the Act that vests primary
n Order. The the
Executive g
procedures and guidance, authority for assuring Federal employee
establishes
other things, for the safety and health in the heads of the
among t n l separate Federal agencies. We believe
administration other
Federal occupationa
employee l
amply assured
and health programs (Subpart B), through e structure.
for compliance with OSHA standards Moreover, the committee
l
(Subpart C), for inspection of agency Mor, OSHA's agency evaluation
workplaces for hazardous conditions agency program will identify any agency which
the abatement of such conditions does not afford adequate opportunity for
and
where they are found to exist (Subpart employee B. Several everaal l agencies s criticized Subpart
D), for effective coordination and G of the proposal, dealing with
cooperation between Federal agencies employee allegations of discrimination,
in achieving a safe and healthful Federal as duplicative of existing agency and
work environment (Subpart E), for the Office of Personnel Management
establishment and operation of procedures for the disposition of
occupational safety and health personnel matters. It is not our intention
committees (Subpart F), for dealing with to impose procedures which would
employee allegations of reprisal duplicate any efficient procedures that
(Subpart G), for training of various presently exist. Therefore, we have
individuals in occupational safety and substantially revised Subpart G to
health (Subpart H), for recordkeeping require agency heads to have
and reporting (Subpart I), for evaluating procedures to assure that employees are
Federal safety and health programs not subject to reprisals for participating
(Subpart J), and for forming and in agency safety and health activities.
operating Field Federal Safety and The rule permits agency heads a degree
Health Councils (Subpart K). of flexibility as to the details of the
This final rule is, in most respects, the procedures. However, ? 1960.46(b)
same as the proposal. Most changes are provides that, should OSHA find
not substantive; they are largely through its evaluation of agency
technical or editorial in nature. In some occupational safety and health programs
provisions dealing with the details of that employee rights under the
agency programs, the word "should" has Executive Order are not being
been substituted for the word "shall." adequately protected by existing
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Federal Register / Vol. 45, No. 205 / Tuesday, October 21, 1980 / Rules and Regulations
procedures, the Secretary shall report
such findings to the President by
September 30, 1982, and shall
recommend improvements in procedures
for the investigation and resolution of
allegations of reprisal. Section 1960.47
has been revised to require that safety
and health committees be advised of
agency activity regarding allegations of
reprisal.
Finally, there was criticism of the
broad language of ? 1960.46 which
permits an employee to refuse to work
under certain circumstances. That
language has been made more precise to
reflect the concept that an employee
may refuse to work where he or she has
a reasonable belief that the task
involved poses an imminent risk of
death or serious physical harm coupled
with a reasonable belief that there is
insufficient time to seek effective
redress through normal hazard reporting
and abatement procedures.
C. Several agencies requested that the
basic program elements include a
reference to Section 4(b)(1) of the OSH
Act. That section, in effect, precludes
the application of OSHA standards to
working conditions that are addressed
by other Federal agencies' standards or
regulations affecting occupational safety
and health. One of the purposes of
Section 4(b)(1) is to avoid duplication of
effort by OSHA and other Federal
agencies. For example, if this request
were accepted, where a Federal agency
must comply with standards or
regulations affecting occupational safety
and health issued by another Federal
agency, then OSHA standards,
otherwise applicable to Federal
employees under Executive Order 12196,
would, by virtue of Section 4(b)(1), not
be applicable to the working conditions
addressed by other Federal standards.
The suggestion to include a reference
to Section 4(b)(1) of the OSH Act in the
basic program elements was rejected
because the OSH Act and its legislative
history make it clear that the provisions
of the OSH Act applicable to Federal
employees are Section 19 and Section 24
(statistics). Thus, OSHA is precluded
from making any other provision of the
OSH Act expressly applicable to the
Federal employee programs.
The proposal was changed, however,
to make it clear that OSHA recognizes
that Federal agencies must, in certain
circumstances, comply with both OSHA
standards and those of other Federal
agencies such as the Department of
Energy (DOE). We have included in the
final program elements an expressed
recognition of this fact. We do not
believe, however, that conflicts between
OSHA standards and those of other
agencies are at all common. For
example, OSHA's radiation standards
are identical to those of DOE. In most
other cases, OSHA does not have
standards dealing with hazards already
addressed by the agencies' standards;
for example, OSHA would have no
standards dealing with flight safety of
aircraft that is addressed by Federal
Aviation Administration's standards
and regulations.
Nevertheless, to deal with the rare
case where there may be a conflict
between an OSHA standard and a
regulation of another agency, the final
rule provides a mechanism for resolving
that conflict; that is, informal
coordination between the Secretary of
Labor and the other affected agencies.
Because conflicts of this type are rare,
there is no need to include in the
program elements the approach of
Section 4(b)(1).
D. A question was raised concerning
the definition of "employee" in
? 1960.2(g), which is:
The term "employee" as used in this part
means any person, other than members of the
Armed Forces, employed or otherwise
suffered, permitted, or required to work by an
"agency" * *
The question is whether the intention is
to cover prisoners in Federal prisons
and to give them the same recourse as
Federal civilian employees. In that
respect, the definition of "employee" is
unchanged from, the definition contained
in the existing Part 1960. We purposely
used a broad definition so that people
like volunteers and prisoners would be
protected under the safety and health
program. The definition of employee
with regard to the occupational safety
and health program does not mean that
prisoners are to be treated as employees
for any other purpose. The occupational
safety and health program is intended to
deal with hazardous working conditions,
and it is OSHA's opinion that where
prisoners are employed in work similar
to that outside prisons e.g., farming,
laundries, machine operations, etc., all
the protections open to anyone else in
similar situations should apply,
including the right to file a report of
hazards with appropriate safety and
health officials. The definition remains
unchanged.
E. The Executive Order requires that
agency heads shall comply with all
standards issued under Section 6 of the
Act, except where the Secretary
approves compliance with alternative
standards. Section 1960.17 of this part
prescribes procedures for submitting an
alternate standard to the Secretary,
along with certain supporting materials,
for consideration and approval. Several
agencies suggested that there should be
69797
amechanism to bypass the procedures
for alternative standards where an
agency chooses to apply a standard that
is more stringent and, therefore, more
protective of employees. We agree that
in certain circumstances, where it is
clear that a standard differs from a
Section 6 standard only in a specific,
quantitative element and provides
employees greater protection, the
justifications and supporting materials
required in ? 1960.17 should not be
required as a matter of course. We have
added language to ? 1960.16 to omit, in
certain specific and limited
circumstances, automatic recourse to
the approval procedures in ? 1960.17.
The most common situations involving
limited differences are where an agency
wishes to set a lower permissible
exposure level (or threshold limit value)
or where the agency wishes to monitor
workplace exposures more frequently
than the Section 6 standard requires.
The third situation is where the agency
wishes to apply a more recent edition of
a reference standard; one newer than
the existing standard incorporated into
Section 6 standards (e.g., the National
Electrical Code). This last exception is
less clear-cut than the other examples
because a reference standard in a newer
edition is not always a more stringent or
more protective standard; the protection
may actually be weakened. Therefore,
the revision to ? 1960.16 requires that
the Secretary be notified of these
situations for several reasons. First, the
Secretary's knowledge that a Federal
agency is applying a stricter standard
would be essential if the Secretary was
making an inspection under the
authority of the Executive Order.
Second, the ability of an agency to
comply with a more stringent standard
may provide valuable information for
our own standards-setting or revision
processes. Also, since the newer
reference-standards may, in fact, be less
stringent, prior notification to the
Secretary and consultation with
employees will help prevent inadvertent
lessening of employee protection.
Finally, we have added language
permitting the Secretary to require an
agency to utilize the approval
procedures when, after notification, by
the agency, the Secretary determines
that the protection afforded by the
alternate standard may be inadequate.
A similar approval process has also
been added to ? 1960.18 dealing with
supplementary standards.
F. The Executive Order permits
agency heads to voluntarily establish
safety and health committees but
requires only that, if established, the
committees shall be established at the
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69798 Federal Register / Vol. 45, No. 205 / Tuesday, October 21, 1980 / Rules and Regulations
national level and "other appropriate an employee may also grieve on health Health Act of 1970 (84 Stat. 1609, 1614,
levels." The proposal, after consultation and safety issues is a separate matter 29 U.S.C. 668, 673), Secretary of Labor's
with the FACOSH, provided that in that does not alter the basic principle of Order No. 8-76 (41 FR 25059), and
addition to the national level committee, employer responsibility to correct Executive Order 12196, Occupational
committees shall be organized at unsafe and unhealthful working Safety and Health Programs for Federal
individual establishments (or groupings conditions. This principle of Employees, Part 1960, Chapter XVII of
of small establishments) and further comparability of protection is the Title 29, Code of Federal Regulations is
provides that if an agency chooses to set historical basis for Executive Order revised to read as follows,
up committees, it must establish them at 12196 and, therefore, constitutes the
all establishments and effectively cover underlying theme for these regulations.
all employees. Thus, if committees were Therefore, our position remains
not organized to cover all unchanged in that a report of a
establishments within an agency-e.g., hazardous working condition is not a
at every DOD installation-every grievance. However, to avoid possible
establishment of that agency would be confusion of a report with a grievance,
subject to unannounced inspections by we have deleted as superfluous, those
the Secretary. Several agencies references in paragraph (b) dealing with
protested this "all or nothing" approach grievances.
essentially on the grounds that it is 3. Effective Date
inconsistent with the mandate of
Executive Order 12196 to provide This final rule is effective upon
flexibility in the implementation of the publication. However, agencies are
agency program and it would inhibit the given 30 days from the date of
formation of committees. We believe publication in which to determine
that Federal employees will be whether or not to establish occupational
adequately protected through either an safety and health committees pursuant
establishment committee or to Executive Order 12196 and this Part.
unannounced inspections by the Within the 30 days, each agency head
Secretary. Therefore, the "all or shall inform the Secretary, in writing, of
nothing" approach has been modified to the agency's decision to form
preserve flexibility by permitting committees or not to form committees.
committees to be organized on an For those agencies which decide to
establishment basis with the result that establish committees, an additional
only those establishments with period of 60 days is given in which to
committees will be largely free from institute the committee structure. Within
OSHA unannounced inspections. the 60 days, each agency head shall
G. Several agencies expressed a inform the Secretary, in writing, of the
that ? 1960.28 location and coverage of each
concern (b), which stated committee. During the above time (30
that employee reports of unsafe or days for all agencies and an additional
unhealthful working conditions are not 60 days for agencies choosing to utilize
grievances, could be interpreted as the committee system), the Secretary of
interfering with existing collective Labor will not conduct unannounced
bargaining agreements and grievance inspections as provided in Section 1-
procedures. The intent of the provisions 401(i) of Executive Order 12196 except
of this part is to provide workplace where the Secretary deems it necessary
protection for the Federal workers as in the case of an imminent danger.
comparable as possible to that of Because Executive Order 12196 became
private sector employees. The OSH Act, effective October 1, 1980, and because
in the private sector, places primary this final rule provides the basic
responsibility for complying with OSHA program elements needed by Federal
standards on employers, not on agencies to implement occupational
employees. In the private sector, safety and health programs pursuant to
employee complaints of unsafe and the Order, it is necessary to make this
unhealthful working conditions are final rule effective upon publication.
essentially informational in nature. This I find that the reasons stated above
information facilitates the Secretary's constitute good cause for making this
efforts to insure that employers comply rule effective immediately. This rule is
with OSHA requirements. That principle therefore, effective on October 21, 1980.
of employer responsibility for complying
with OSHA standards is carried over to 4. Authority
the Federal employment sector. Because This document was prepared under
nothing should be included or construed the direction of Eula Bingham, Assistant
as disturbing or altering that basic Secretary of Labor for Occupational
employer responsibility (agency-head Safety and Health, U.S. Department of
responsibility), employee reports of Labor, Third and Constitution Avenue,
unsafe or unhealthful working NW., Washington, D.C. 20210.
conditions must be treated as Accordingly, pursuant to Sections 19
informational in nature. Whether or not and 24 of the Occupational Safety and
Signed at Washington, D.C., this 15th day
of October, 1980.
Euta Bingham,
Assistant Secretary of Labor for Occupational
Safety and Health.
PART 1960-BASIC PROGRAM
ELEMENTS FOR FEDERAL EMPLOYEE
OCCUPATIONAL SAFETY AND
HEALTH PROGRAMS AND RELATED
MATTERS
Sec.
1960.1 Purpose and scope.
1960.2 Definitions.
1960.3-1960.5 [Reserved]
Subpart B-Administration
1960.6 Designation of agency safety and
health officials.
1960.7 Financial management.
1960.8 Agency responsibilities.
1960.9 Supervisory responsibilities.
1960.10 Employee responsibilities and
rights.
1960.11 Evaluation of occupational safety
and health performance.
1960.12 Dissemination of occupational
safety and health program information.
1960.13-1960.15 [Reserved]
Subpart C-Standards
1960.16 Compliance with OSHA standards.
1960.17 Alternate standards.
1960.18 Supplementary standards.
1960.19 Other Federal agency standards
affecting occupational safety and health.
11960.20-1960.24 [Reserved]
Subpart D--Inspection and Abatement
1960.25 Qualifications of safety and health
inspectors and agency inspections.
1960.26 Conduct of inspections.
1960.27 Representatives of officials in
charge and representatives of employees.
1960.28 Employee reports of unsafe or
unhealthful working conditions.
1960.29 Accident investigation.
1960.30 Abatement of unsafe or unhealthful
working conditions.
1960.31 Inspections by OSHA.
1960.32-1960.33 [Reserved]
Subpart E-General Services
Administration and Other Federal Agencies
1960.34 General provisions.
1960.35 National Institute for Occupational
Safety and Health.
Subpart F-Occupational Safety and Health
Committees
1960.36 General provisions.
1960.37 Committee organization.
1960.38 Committee formation. -
1960.39 Agency responsibilities.
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1960.40 Establishment committee duties.
1960.41 National committee duties.
1960.42-1960.45 [Reserved]
Subpart G-Allegations of Reprisal
1960.46 Agency responsibility.
1960.47 Results of investigations.
1960.48-1960.53 [Reserved]
Subpart H-Training
1960.54 Training of top management
officials.
1960.55 Training of supervisors.
1960.56 Training of safety and health
specialists.
1960.57 Training of safety and health
inspectors.
1960.58 Training of collateral duty safety
and health personnel and committee
members.
1960.59 Training of employees and
employee representatives.
1960.60 Training assistance.
1960.61-1960.85 [Reserved]
Subpart I-Recordkeeping and Reporting
Requirements
1960.66 Purpose, scope and general
provisions.
1960.67 Record of log of Federal
occupational injuries and illnesses.
1960.68 Supplementary record of Federal
occupational injuries and illnesses.
1960.69 Annual summaries of Federal
occupational injuries and illnesses.
1960.70 Reporting of serious accidents.
1960.71 Location and utilization of records
and reports.
1960.72 Access to records by Secretary.
1960.73 Retention of records.
1960.74 Identification of reporting units.
1960.75 Agency annual reports.
1960.76-1960.77 [Reserved]
-Subpart J-Evaulatlon of Federal
Occupational Safety and Health Programs
1960.78 Purpose and scope.
1960.79 Self-evaluations of occupational
safety and health programs.
1960.80 Secretary's evaluations of agency
occupational safety and health programs.
1960.81-1960.83 [Reserved]
Subpart K-Field Federal Safety and Health
Councils
1960.84 Purpose.
1960.85 Role of the Secretary.
1960.86 Establishing councils.
1960.87 Objectives.
1960.88 Membership and participation.
1960.89 Organization.
1960.90 Operating procedures.
1960.91 [Reserved]
Authority: Secs. 19 and 24 of the
Occupational Safety and Health Act of 1970
(84 Stat. 1609, 1614, (29 U.S.C. 668, 673));
Secretary of Labor's Order No. 8-76 (41 FR
25059); E.O. 12196.
Subpart A-General
? 1960.1 Purpose and scope.
(a) Section 19 of the Occupational
Safety and Health Act (the Act) contains
special provisions to assure safe and
healthful working conditions for 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 standards promulgated under
section 6 of the Act. The Secretary of
Labor (the Secretary), under section 19,
is to report to the President certain
evaluations and recommendations with
respect to the programs of the various
agencies, and the duties which section
24 of the Act imposes on the Secretary
of Labor necessarily extend to the
collection, compilation and analysis of
occupational safety and health statistics
from the Federal Government. The role
of the General Services Administration
in this area stems from its duties as the
Government's principal landlord and
from its specific safety and health
responsibilities under 41 CFR Part 101,
Subchapter D, Federal Property
Management Regulations.
(b) Executive Order 12196,
Occupational Safety and Health
Programs for Federal Employees, issued
February 26, 1980, prescribes additional
responsibilities for the heads of
agencies, the Secretary, and the General
Services Administrator. Among other
duties, the Secretary is required to issue
basic program elements in accordance
with which the heads of agencies shall
operate their safety and health
programs. The purpose of this part is to
issue these basic program elements.
Although agency heads are required to
operate a program in accordance with
the basic program elements, those
elements contain numerous provisions
which, by their terms, permit agency
heads the flexibility necessary to
implement their programs in a manner
consistent with their respective
missions, sizes, and organizations.
Moreover, an agency head, after
consultation with agency employees or
their representatives and with
appropriate safety and health
committees may request the Secretary to
consider approval of alternate program
elements; the Secretary, after
consultation with the Federal Advisory
Council on Occupational Safety and
Health, may approve such alternate
program elements.
(c) Under Executive Order 12196, the
Secretary is required to perform various
services for the agencies, including
consultation, training, recordkeeping,
inspections, and evaluations. Agencies
are encouraged to seek such assistance
from the Secretary as well as advice on
how to comply with the basic program
elements and operate effective
occupational safety and health
programs. Upon the request of an
Agency, the Office of Federal Agency
Safety and Health Programs will review
proposed agency plans for the
implementation of program elements.
(d) Section 19 of the Act and the
Executive Order require specific
opportunities for employee participation
in the operation of agency safety and
health programs. The manner of
fulfilling these requirements is set forth
in part in these program elements. These
requirements are separate from but
consistent with the Federal Service
Labor Management Relations Statute (5
U.S.C. 71) and regulations dealing with
labor-management relations within the
Federal Government.
{e) Executive Order 12196 and these
basic program elements apply to all
agencies of the Executive Branch. They
apply to all Federal employees. They
apply to all working conditions of
Federal employees except those
involving uniquely military equipment,
systems, and operations.
(f) The Executive Order and this part
do not apply to employees or working
conditions of 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 or together
with government personnel. Protection
of employees of private contractors is
assured under the other provisions of
the Act, not under Section 19. No
provision of the Executive Order or this
part shall be construed in any manner to
relieve any private employer, including
Federal contractors, or their employees
of any rights or responsibilities under
the provisions of the Act, including
compliance activities conducted by the
Department of Labor or other
appropriate authority.
(g) Federal employees who work in
establishments of private employers are
covered by their agencies' occupational
safety and health programs. Although an
agency may not have the authority to
require abatement of hazardous
conditions in a private sector workplace,
the agency head must assure safe and
healthful working conditions for his/her
employees. This shall be accomplished
by administrative controls, personal
protective equipment, or withdrawal of
Federal employees from the private
sector facility to the extent necessary to
assure that the employees are protected.
? 1960.2 Definitions.
(a) The term "Act" means the
Occupational Safety and Health Act of
1970 (84 Stat. 1590 et seq., 29 U.S.C. 05i
et seq.).
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. 69800 Federal Register / Vol. 45, No. 205 / Tuesday, October 21, 1980 / Rules and Regulations
(b) The term "agency" for the
purposes of this part means an
Executive Department, as defined in 5
U.S.C. 101, or any employing unit or
authority of the Executive Branch of the
Government. For the purposes of this
part to the extent it implements section
19 of the Act, the term "agency"
includes the United States Postal
Service. By agreement between the
Secretary of Labor and the head of an
agency of the Legislative or Judicial
Branches of the Government, these
regulations may be applicable to such
agencies.
(c) The term "agency liaison" means
an agency person appointed with full
authority and reponsibility to represent
the occupant agency management with
the official in charge of a facility or
installation such as a GSA Building
Manager.
(d) The term "building manager"
means the person who manages one or
several buildings under the authority of
a Federal agency. For example, a
building manager may be the GSA
person who manages building(s) for
GSA.
(e) As used in Executive Order 12196,
the term "consultation with
representatives of the employees
thereof" shall include such consultation,
conference, or negotiation with
representatives of agency employees as
is consistent with the Federal Service
Labor Management Relations Statute (5
U.S.C. 71), or collective bargaining or
other labor-management arrangements.
As used in this part, the term
"representative of employees" shall be
interpreted with due regard for any
obligation imposed by the
aforementioned statute and any other
labor-management arrangement that
may cover the employees involved.
(f) The term "Designated Agency
Safety and Health Official" means the
individual who is responsible for the
management of the safety and health
program within an agency, and is so
designated or appointed by the head of
the agency pursuant to ? 1960.6 and the
provisions of Executive Order 12196.
(g) The term "employee" as used in
this part means any person, other than
members of the Armed Forces,
employed or otherwise suffered,
permitted, or required to work by an
"agency" as the latter term is defined in
paragraph (b) of this section.
(h) The term "establishment" means a
single physical location where business
is conducted or where services or
operations are performed. Where
distinctly separate activities are
performed at a single physical location,
each activity shall be treated as a
separate "establishment." Typically, an
"establishment" as used in this part
refers to a field activity, regional office,
area office, installation, or facility.
(i) The term "uniquely military
equipment, systems, and operations"
excludes from the scope of the order the
design of Department of Defense
equipment and systems that are unique
to the national defense mission, such as
military aircraft, ships, submarines,
missiles, and missile sites, early warning
systems, military space systems,
artillery, tanks, and tactical vehicles;
and excludes operations that are
uniquely military such as field
maneuvers, naval operations, military
flight operations, associated research
test and development activities, and
actions required under emergency
conditions. The term includes within the
scope of the Order Department of
Defense workplaces and operations
comparable to those of industry in the
private sector such as: Vessel, aircraft,
and vehicle repair, overhaul, and
modification (except for equipment
trials); construction; supply services;
civil engineering or public works;
medical services; and office work.
(j) The term "incidence rates" means
the number of injuries and illnesses, or
lost workdays, per 100 full-time workers.
Rates are calculated as
N x 200,000.
EH
N=number of injuries and illnesses, or
number of lost workdays.
EH= total hours worked by all employees
during a month, a quarter, or a calendar
year.
200,000=base for 100 full-time equivalent
workers (working 40 hours per week, 50
weeks per year).
(k) The term "inspection" means a
comprehensive survey of all or part of a
workplace in order to detect safety and
health hazards. Inspections are normally
performed during the regular work hours
of the agency, except as special
circumstances may require. Inspections
do not include routine, day-to-day visits
by agency occupational safety and
health personnel, or routine workplace
surveillance of occupational health
conditions.
(1) The term "lost workday cases"
means injuries and illnesses which
involve days away from work and/or
days of restricted work activity. "Lost
workdays-away from work" means the
number of workdays (consecutive or
not) during which the employee would
have worked but could not because of
an occupational injury or illness. "Lost
workdays-restricted work activity"
means the number of workdays
(consecutive or not) during which,
because of injury or illness:
(1) The employee was assigned to
another job on a temporary basis;
(2) The employee worked at a
permanent job less than full time; or
(3) The employee worked at a
permanently assigned job but could not
perform all duties normally connected
with the job.
(m) The term "representative of
management" means a supervisor or
management official as defined in the
applicable labor-management relations
program covering the affected
employees.
(n) The term "medical treatment"
includes treatment administered by a
physician, or by licensed or registered
professional personnel under standing
orders of a physician, for an
occupational injury or illness which
does not result in days away from work
or days of restricted work activity.
"Medical treatment" does not include
first aid treatment, even though
provided by a physician or licensed or
registered professional personnel. For
further details and specific examples of
what is considered first aid treatment
versus medical treatment, see OSHA
2014, Recordkeeping and Reporting
Guidelines for Federal Agencies.
(o) The term "recordable occupational
injuries or illnesses" means any
occupational injuries or illnesses which
result in:
(1) Occupation-related deaths
regardless of the time between injury
and death, or the length of illness;
(2) Nonfatal occupational illnesses; or
(3) Nonfatal occupational injuries
which involve one or more of the
following: days away from work or days
of restricted work activity; loss of
consciousness; restriction of work or
motion; transfer to another job; or
medical treatment.
(p) The term "reporting unit" means
an establishment, except as otherwise
agreed between the agency and the
Office of Federal Agency Safety and
Health Programs, U.S. Department of
Labor, as provided in ? 1960.74.
(q) The term "Safety and Health
Inspector" means a safety and/or
occupational health specialist or other
person authorized pursuant to Executive
Order 12196, section 1-201(g), to carry
out inspections for the purpose of
Subpart D of this part, a person having
equipment and competence to recognize
safety and/or health hazards in the
workplace.
(r) The term "Safety and Health
Official" means an individual who
manages the occupational safety and/or
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occupational health program at
organizational levels below the
Designated Agency Safety and Health
Official
(s) The term "Safety and Health
Specialist" means a person or persons
meeting the Office of Personnel
Management standards for such
occupations, which include but are not
limited to:
Safety Manager/Specialist GS-016
Safety Engineer GS-803
Fire Protection Engineer GS-804
Industrial Hygienist GS-890
Fire Protection Specialist/Marshal GS-081
Health Physicist GS-1306
Occupational Medicine Physician GS-602
Occupational Health Nurse GS-610
Safety Technician GS-019
Physical Science Technician GS-1311
Environmental Health Technician GS-699
Air Safety Investigation Officer GS-1815
Aviation Safety Specialist GS-1825
Chemist GS-1320
Health Technician GS-645
Highway Safety Manager GS-2125
or equally qualified military, agency, or
nongovernment personnel. The agency
head shall be responsible for
determination and certification of
equally qualified personnel.
(t) The term "workplace" means a
physical location where the agency's
work or operations are performed.
(u) The term "imminent danger"
means any conditions or practices in
any workplace which are such that a
danger exists which could reasonably
be expected to cause death or serious
physical harm immediately or before the
imminence of such danger can be
eliminated through normal procedures.
(v) The word "serious" as used in
"serious hazard", "serious violation" or
"serious condition" means a hazard,
violation or condition such that there is
a substantial probability that death or
serious physical harm could result.
(w) The term "certified safety and
health committee" means an agency
safety and health committee that meets
the provisions of section 1-3 of
Executive Order 12196 and of this part,
as listed and attested to by the head of
each agency in writing to the Secretary.
(x) The term "reprisal" as used in this
part means any act of restraint,
interference, coercion or discrimination
against an employee for exercising his
or her rights under Executive Order
12196 and this part, or for participating
in the agency's safety and health
program.
? 1960.5-1960.5 lRessrvedl
Subpart 8-Administration
? 1960.6 Designation of agency safety and
health officials.
(a) The head of each agency shall
designate an official with sufficient
authority and responsbility to represent
effectively the interest and support of
the agency head in the management and
administration of the agency
occupational safety and health program.
This Designated Agency Safety and
Health Official should beof the rank of
Assistant Secretary, or of equivalent
rank, or equivalent degree of
responsibility, and shall have sufficient
headquarters staff with the necessary
training and experience. The
headquarters staff should report directly
to, or have appropriate access to, the
Designated Agency Safety and Health
Official, in order to carry out the
responsibilities under this part.
(b) The Designated Agency Safety and
Health Official shall assist the agency
head in establishing:
(1) An agency occupational safety and
health policy, and program to carry out
the provisions of section 19 of the Act,
Executive Order 12198, and this part;
(2) An organization, including
provision for the designation of safety
and health officials at appropriate
levels, with adequate budgets and staffs
to implement the occupational safety
and health program at all operational
levels;
(3) A set of procedures that ensures
effective implementation of the agency
policy and program as required by
section 19 of the Act, Executive Order
12196, and the program elements of this
part, considering the mission, size, and
organization of the agency;
(4) Goals and objectives for reducing
and eliminating occupational accidents,
injuries, and illnesses;
(5) Plans and procedures for
evaluating the agency's occupational
safety and health program effectiveness
at all operational levels; and
(6) Priorities with respect to the
factors which cause occupational
accidents, injuries, and illnesses in the
agency's workplaces so that appropriate
corrective actions can be taken.
(c) The agency head shall assure that
safety and health officials are
designated at each appropriate level
with sufficient authority and
responsibility to plan for and assure
funds for necessary safety and health
staff, equipment, materials, and training
required to ensure implementation of an
effective occupational safety and health
program.
? 1980.7 Financial management
(a) The head of each agency shall
ensure that the agency budget
submission includes appropriate
financial and other resources to
effectively implement and administer
the agency's occupational safety and
health program.
(b) The Designated Agency Safety and
Health Official, management officials in
charge of each establishment, safety and
health officials at all appropriate levels,
and other management officials shall be
responsible for planning, requesting
resources, implementing, and evaluating
the occupational safety and health
program budget in accordance with the
regulations of the Office of Management
and Budget Circular A-11 (sections
13.2(f) and 13.5(f)) and other relevant
documents.
(c) Appropriate resources for an
agency's occupational safety and health
program shall include, but not be limited
to:
(1) Sufficient personnel to implement
and administer the program at all levels,
including necessary administrative costs
such as training, travel, and personal
protective equipment;
(2) Abatement of unsafe or
unhealthful working conditions related
to agency operations or facilities;
(3) Safety and health sampling,
testing, and diagnostic and analytical
tools and equipment, including
laboratory analyses;
(4) Any necessary contracts to
identify, analyze, or evaluate unsafe or
unhealthful working conditions and
operations;
(5) Program promotional costs such as
publications, posters, or films;
(6) Technical information, documents,
books, standards, codes, periodicals,
and publications; and
(7) Medical surveillance programs for
employees.
? 1960.8 Agency responsibilities.
(a) The head of each agency shall
furnish to each employee employment
and a place of employment which are
free from recognized hazards that are
causing or are likely to cause death or
serious physical harm.
(b) The head of each agency shall
comply with the Occupational Safety
and Health Administration standards
applicable to the agency.
(c) The head of each agency shall
develop, implement, and evaluate an
occupational safety and health program
in accordance with the requirements of
section 19 of the Act, Executive Order
12196, and the basic program elements
prescribed in this part, or approved
alternate program elements.
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(d) The head of each agency shall
acquire, maintain, and require the use of
approved personal protective
equipment, approved safety equipment,
and other devices necessary to protect
employees.
(e) In order to provide essential
specialized expertise, agency heads
shall authorize safety and health
personnel to utilize such expertise from
whatever source available, including but
not limited to other agencies,
professional groups, consultants,
universities, labor organizations, and
safety and health committees.
? 1960.9 Supervisory responsibilities.
Employees who exercise supervisory
functions shall, to the extent of their
authority, furnish employees
employment and a place of employment
which are free from recognized hazards
that are causing or are likely to cause
death or serious physical harm. They
shall also comply with the occupational
safety and health standards applicable
to their agency and with all rules,
regulations, and orders issued by the
head of the agency with respect to the
agency occupational safety and health
program.
? 1960.10 Employee responsibilities and
rights.
(a) Each employee shall comply with
the standards, rules, regulations, and
orders issued by his/her agency in
accordance with section 19 of the Act,
Executive Order 12196, and this part
which are applicable to his/her own
actions and conduct.
(b) Employees shall use safety
equipment, personal protective
equipment, and other devices and
procedures provided or directed by the
agency and necessary for their
protection.
(c) Employees shall have the right to
report unsafe and unhealthful working
conditions to appropriate officials.
(d) Employees shall be authorized
official time to participate in the
activities provided for in section 19 of
the Act, Executive Order 12196, this
part, and the agency occupational safety
and health program.
? 1960.11 Evaluation of occupational
safety and health performance.
Each agency head shall ensure that
any performance evaluation of any
management official in charge of an
establishment, any supervisory
employee, or other appropriate
management official, measures that
employee's performance in meeting
requirements of the agency occupational
,safety and health program, consistent
with the employee's assigned
responsibilities and authority, and
taking into consideration any applicable
regulations of the Office of Personnel
Management or other appropriate
authority. The recognition of superior
performance in discharging safety and
health responsibilities by an individual
or group should be encouraged and
noted.
? 1960.12 Dissemination of occupational
safety and health program Information.
(a) Copies of the Act, Executive Order
12196, program elements published in
this part, details of the agency's
occupational safety and health program,
and applicable safety and health
standards shall be made available upon
request to employees or employee
representatives for review.
(b) A copy of the agency's written
occupational safety and health program
applicable to the establishment shall be
made available to each supervisor, each
occupational safety and health
committee member, and to employee
representatives.
(c) Each agency shall post
conspicuously in each establishment,
and keep posted, a poster informing
employees of the provisions of the Act,
Executive Order 12196, and the agency
occupational safety and health program
under this part. The Department of
Labor will furnish the core text of a
poster to agencies. Each agency shall
add the following items: (1) Details of
the agency's procedures for responding
to reports by employees of unsafe or
unhealthful working conditions, and to
allegations of discrimination or reprisal
due to participation in safety and/or
health activities; (2) the location where
employees may obtain information
about the agency's occupational safety
and health program, including the full
text of agency occupational safety and
health standards, and (3) relevant
information about any agency safety
and health committees. Such posters
and additions shall not be altered,
defaced, or covered by other material.
(d) A copy of the agency's poster shall
be provided to the Secretary. If the
agency needs assistance and advice on
the content and development of the
poster, such shall be requested of the
Secretary prior to printing and
distribution.
(e) Agency heads shall promote
employee awareness of occupational
safety and health matters through their
ordinary information channels, such as
newsletters, bulletins and handbooks.
?? 1960.13-1960.15 [Reserved]
Subpart C-Standards
? 1960.16 Compliance with OSHA
standards.
Each agency head shall comply with
all occupational safety and health
standards issued under section 6 of the
Act, or with alternate standards issued
pursuant to this subpart. In complying
with section 6 standards, an agency
may, upon prior notification to the
Secretary, prescribe and enforce more
stringent permissible exposure levels or
threshhold limit values and may require
more frequent monitoring of exposures
without recourse to the approval
procedures for alternate standards
described in ? 1960.17. In addition, after
consultation with employees and safety
and health committees and prior
notification to the Secretary, an agency
may utilize the latest edition of a
reference standard if it is more stringent
than the section 6 standard. After
notification, the Secretary may require
the use of the approval procedures for
alternate standards for any of the
situations described in this paragraph.
? 1960.17 Alternate standards.
An agency head may apply an
alternate standard where deemed
necessary, and shall, after consultation
with employees or their representatives,
including appropriate occupational
safety and health committees, notify the
Secretary and request approval of such
alternate standards.
(a) Any request by the head of the
agency for an alternate standard shall
be transmitted to the Secretary.
(b) Any such request for an alternate
standard shall not be approved by the
Secretary unless it provides equivalent
or greater protection for affected
employees. Any such request shall
include:
(1) A statement of why the agency
cannot comply with the OSHA standard
or wants to adopt an alternate standard;
(2) A description of the alternate
standard;
(3) An explanation of how the
alternate standard provides equivalent
or greater protection for the affected
employees;
(4) A description of interim protective
measures afforded employees until a
decision is rendered by the Secretary of
Labor; and
(5) A summary of written comments, if
any, from interested employees,
employee representatives, and
occupational safety and health
committees.
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? 1960.18 Supplementary standards.
(a) In addition to complying with
emergency temporary standards issued
under section 8 of the Act, an agency
head shall adopt such emergency
temporary and permanent
supplementary standards as necessary
and appropriate for application to
working conditions of agency employees
for which there exists no appropriate
OSHA standards. In order to avoid any
possible duplication of effort, the agency
head should notify the Secretary of the
subject matter of such standard when
the development of the standard begins.
(b) The agency head shall send a copy
of the final draft of the permanent
supplementary standard to the Secretary
prior to official adoption by the agency,
along with any written comments on the
standard from interested employees,
employee representatives, and
occupational safety and health
committees. If the Secretary finds the
permanent supplementary standard to
be adopted inconsistent with OSHA
standards, or inconsistent with OSHA
enforcement practices under section
5(a)(1) of the Act, the Secretary shall
have 15 working days in which to notify
the head of the agency of this finding. In
such a case, the supplementary standard
shall not be adopted, but the agency will
be afforded an opportunity to resubmit a
revised standard that is designed to
provide adequate protection and is
consistent with OSHA standards. Upon
request of the agency head, the
Secretary shall offer to the agency
technical assistance in the development
of the supplemental standard.
? 1960.19 Other Federal agency standards
affecting occupational safety and health.
(a) Where employees of different
agencies engage in joint operations,
and/or primarily report to work or carry
out operations in the same
establishment, the standards adopted
under ? 1960.17 or ? 1960.18 of the host
agency shall govern.
(b) There are situations in which the
head of an agency is required to comply
with standards affecting occupational
safety and health issued by a Federal
agency other than OSHA. For example,
standards issued by the Federal
Aviation Administration, the
Department of Energy, or the General
Services Administration may be
applicable to certain Federal
workplaces. Nothing in this subpart
affects the duty of any agency head to
comply with such standards. In addition,
agency heads should comply with other
standards issued by Federal agencies
which deal with hazardous working
conditions, but for which OSHA has no
standards.
(c) Although it is not anticipated that
standards of other Federal agencies will
conflict with OSHA standards, should
such conflict occur, the head of the
agency shall inform the other Federal
agency and the Secretary so that joint
efforts to resolve the issues may be
undertaken. However, until conflicts are
resolved, agencies shall comply with the
more protective of the conflicting
standards.
?? 1960.20-1960.24 [Reserved)
Subpart D-Inspection and Abatement
? 1960.25 Qualifications of safety and
health inspectors and agency inspections.
(a) Executive Order 12196 requires
that each agency utilize as inspectors
"personnel with equipment and
competence to recognize hazards."
Inspections shall be conducted by
inspectors qualified to recognize and
evaluate hazards of the working
environment and to suggest general
abatement procedures. Safety and
health specialists as defined in
? 1960.2(s), with experience and/or up-
to-date training in occupational safety
and health hazard recognition and
evaluation are considered as meeting
the qualifications of safety and health
inspectors. For those working
environments where there are less
complex hazards, such safety and health
specializations as cited above may not
be required, but inspectors in such
environments shall have sufficient
documented training and/or experience
in the safety and health hazards of the
workplace involved to recognize and
evaluate those particular hazards and to
suggest general abatement procedures.
All inspection personnel must be
provided the equipment necessary to
conduct a thorough inspection of the
workplace involved.
(b) Each agency which has
workplaces containing information
classified in the interest of national
security shall provide access to safety
and health inspectors who have
obtained the appropriate security
clearance.
(c) All areas and operations of each
workplace, including office operations,
shall be inspected at least annually.
More frequent inspections shall be
conducted in all workplaces where there
is an increased risk of accident, injury,
or illness due to the nature of the work
performed. Sufficient unannounced
inspections and unannounced follow-up
inspections should be conducted by the
agency to ensure the identification and
abatement of hazardous conditions.
(d) When situations arise involving
multiple agencies' responsibilities for
conditions affecting employee safety
and health, coordination of inspection
functions is encouraged.
? 1960.26 Conduct of inspections.
(a) Preparation. (1) Prior to
commencement of the inspection, the
Safety and Health Inspector shall be
provided all available relevant
information which pertains to the
occupational safety and health of the
workplace to be inspected, including
safety and health hazard reports, injury
and illness records, previous inspection
reports, and reports of unsafe and
unhealthful working conditions.
(2) The Safety and Health Inspector
shall determine in advance, where
possible, the actual work procedures
and conditions to be inspected, in order
to have the proper equipment available
to conduct an effective inspection.
(b) Inspection. (1) For the purpose of
assuring safe and healthful working
conditions for employees of agencies,
the head of the agency shall authorize
safety and/or health inspectors: To
enter without delay, and at reasonable
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 investigate 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, structures,
machines, apparatus, devices,
equipment, and materials therein, and to
question privately any agency employee,
and/or any agency supervisory
employee, and/or any official in charge
of an establishment.
(2) If there are no authorized
representatives of employees, the
inspector shall consult with a
reasonable number of employees during
the walkaround.
(3) When, in the opinion of the
inspector, it is necessary to conduct
personal monitoring (sampling) of
employee's work environments, the
inspector may request employees to
wear reasonable and necessary
personal monitoring devices, e.g., noise
dosimeters and air sampling pumps, for
periods determined by the inspector to
be necessary for complete and effective
sampling of the environment.
(4) Upon request of the inspector, the
employer shall encourage employees to
wear the personal environmental
monitoring devices during an inspection.
(5) Whenever and as soon as it is
concluded on the basis of an inspection
that a danger exists which could
reasonably be expected to cause death
or serious physical harm immediately,
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the inspector shall inform the affected
employees and official in charge of the
workplace of the danger. The official in
charge of the workplace, or a person
empowered to act for that official, shall
undertake immediate abatement and the
withdrawal of employees who are not
necessary for abatement of the
dangerous conditions. In the event the
official in charge of the workplace needs
assistance to undertake full abatement,
that official shall promptly contact the
Designated Agency Safety and Health
Official and other responsible agency
officials, who shall assist the abatement
effort. Safety and health committees
shall be informed of all relevant actions
and representatives of the employees
shall be so informed.
(6) At the conclusion of an inspection,
the Safety and Health Inspector shall
confer with the official in charge of the
workplace or that official's
representative, and with an appropriate
representative of the employees of the
establishment, and informally advise
them of any apparent unsafe or
unhealthful working conditions
disclosed by the inspection. During any
such conference, the official in charge of
the workplace and the employee
representative shall be afforded an
opportunity to bring to the attention of
the Safety and Health Inspector any
pertinent information regarding
conditions in the workplace.
(c) Written reports and notices of
unsafe or unhealthful working
conditions. (1) The inspector shall, in
writing, describe with particularity the
procedures followed in the inspection
and the findings which form the basis
for the issuance of any Notice of Unsafe
or Unhealthful Working Conditions.
(2) Each agency shall establish a
procedure for the prompt issuance of a
Notice of Unsafe or Unhealthful
Working Conditions. Such notices shall
be issued not later than 15 days after
completion of the inspection for safety
violations or not later than 30 days for
health violations. If there are compelling
reasons why such notice cannot be
issued within the 15 days or 30 days
indicated, the persons described in
paragraph (c)(1)(iii) of this section shall
be informed of the reasons for the delay.
Such procedure shall include the
following: (i) Notices shall be in writing
and shall describe with particularity the
nature and degree of seriousness of the
unsafe or unhealthful working condition,
including a reference to the standard or
other requirement involved; (ii) the
notice shall fix a reasonable time for the
abatement of the unsafe or unhealthful
working condition; and (iii) a copy of the
notice shall be sent to the official in
charge of the workplace, the employee
representative who participated in the
closing conference, and/or the safety
and health committee of the workplace,
if any.
(3) Upon receipt of any notice of an
unsafe or unhealthful working condition,
the official in charge of a workplace
shall immediately post such notice, or
copy thereof, unedited, except for
reason of national security, at or near
each place an unsafe or unhealthful
working condition referred to in the
notice exists or existed. In addition, a
notice shall be posted if any special
procedures are in effect. Where, because
of the nature of the workplace
operations, it is not practicable to post
the notice at or near each such place,
such notice shall be posted, unedited,
except for reason of national security, in
we prominent place where it will be
readily observable by all affected
employees. For example, where
workplace 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
location, the notice may be posted at the
location from which the employees
operate to carry out their activities.
(4) Each notice of an unsafe or
unhealthful working condition, or a copy
thereof, shall remain posted until the
unsafe or unhealthful working condition
has been abated or for 3 working days
whichever is later. A copy of the notice
will be filed and maintained for a period
of five years after abatement at the
establishment and made available to the
Secretary upon request.
? 1960.27 Representatives of officials In
charge and representatives of employees.
(a) Safety and health inspectors shall
be in charge of inspections. and may
interview any employee in private if the
inspector deems it necessary. A
representative of the official in charge of
a workplace and a representative of
employees shall be given an opportunity
to accompany Safety and Health
Inspectors during the physical
inspection of any workplace, both to aid
the inspection and to provide such
representatives with more detailed
knowledge of any existing or potential
unsafe or unhealthful working
conditions. The representative of
employees shall be selected by the
employees. Additional representatives
of the official in charge and additional
representatives of employees may
accompany the Safety and Health
Inspectors if it is determined by the
inspector that such additional
representatives will further aid the
inspection. Different representatives of
the employer and employees may be
allowed to accompany the Inspector
during each different phase of an
inspection.
(b) Safety and health inspectors shall
be authorized to deny the right of
accompaniment under this section to
any person whose participation
interferes with a fair and orderly
inspection.
(c) With regard to facilities classified
in the interest of national security, only
persons authorized to have access to
such facilities shall be allowed to
accompany a Safety and Health
Inspector in such areas.
(d) Safety and health inspectors shall
consult with employees concerning
matters of occupational safety and
health to the extent deemed necessary
for the conduct of an effective and
thorough inspection. During the course
of an inspection, any employee shall be
afforded an opportunity to bring to the
attention of the Safety and Health
Inspector any unsafe or unhealthful
working condition which the employee
has reason to believe exists in the
workplace.
? 1960.28 Employee reports of unsafe or
unhealthful working conditions.
(a) The purpose of employee reports is
to inform agencies of the existence of, or
potential for, unsafe or unhealthful
working conditions. A report under this
part is not a grievance.
(b) This section provides guidance in
establishing a channel of
communication between agency
employees and those with
responsibilities for safety and health
matters, e.g., their supervisor, the agency
safety and health officials, safety and
health committees, safety and health
inspectors, the head of the agency, or
the Secretary. These channels of
communication are intended to assure
prompt analysis and response to reports
of unsafe or unhealthful working
conditions in accordance with the
requirements of Executive Order 12196.
Since many safety and health problems
can be eliminated as soon as they are
identified, the existence of a formal
channel of communication shall not
preclude immediate corrective action by
an employee's supervisor in response to
oral reports of unsafe or unhealthful
working conditions where such action is
possible. Nor should an employee be
required to await the outcome of such
an oral report before filing a written
report pursuant to the provisions of this
section.
(c) Any employee or representative of
employees, who believes that an unsafe
or unhealthful working condition exists
in any workplace where such employee
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is employed, shall have the right and is
encouraged to make a report of the
unsafe or unhealthful working condition
to an appropriate agency safety and
health official and request an inspection
of such workplace for this purpose. The
report shall be reduced to writing either
by the individual submitting the report
or, in the case of an oral notification, by
the above official or other person
designated to receive the reports in the
workplace. Any such report shall set
forth the grounds for the report and shall
contain the name of the employee or
representative of employees. Upon the
request of the individual making such
report, no person shall disclose the
name of the individual making the report
or the names of individual employees
referred to in the report, to anyone other
than authorized representatives of the
Secretary. In the case of imminent
danger situations, employees shall make
reports by the most expeditious means
available.
(d) Reports received by the agency.
(1) Each report of an existing or
potential unsafe or unhealthful working
condition should be recorded on a log
maintained at the establishment. If an
agency finds it inappropriate to
maintain a log of written reports at the
establishment level, it may avail itself of
procedures set forth in ? 1960.71. A copy
of each report received shall be sent to
the appropriate establishment safety
and health committee.
(2) A sequentially numbered case file,
coded for identification, should be
assigned for purposes of maintaining an
accurate record of the report and the
response thereto. As a minimum, each
establishment's log should contain the
following information: date, time, code/
reference/file number, location of
condition, brief description of the
condition, classification (imminent
danger, serious or other), and date and
nature of action taken.
(3) Executive Order 12196 requires
that agency inspections be conducted
within 24 hours for employee reports of
imminent danger conditions, within
three working days for potentially
serious conditions, and within 20
working days for other than serious
safety and health conditions. However,
an inspection may not be necessary if,
through normal management action and
with prompt notification to employees
and safety and health committees, the
hazardous condition(s) identified can be
abated immediately.
(4) An employee submitting a report of
unsafe or unhealthful conditions shall be
notified in writing within 15 days if the
official receiving the report determines
there are not reasonable grounds to
believe such a hazard exists and does
not plan to make an inspection based on
such report. A copy of each such
notification shall be provided by the
agency to the appropriate certified
safety and health committee, where
established under Executive Order
12196. An agency's inspection or
investigation report, if any, shall be
made available to the employee making
the report within 15 days after
completion of the inspection, for safety
violations or within 30 days for health
violations, unless there are compelling
reasons, and shall be made available to
the Secretary or the Secretary's
authorized representative on request.
(e) Reports received by the Secretary
of Labor. (1) Agency safety and health
programs must have provisions for
responding to employees' reports of
unsafe or unhealthful working
conditions and the Secretary encourages
employees to use agency procedures as
the most expeditious means of achieving
abatement of hazardous conditions. It is
recognized, however, that employee
reports may be received directly by the
Secretary.
(2) When such reports are received
directly from an employee or employee
representative, the Secretary shall,
where a certified safety and health
committee exists, forward the report to
the agency for handling in accordance
with procedures outlined in ? 1960.28(d).
A copy of the response to the originator
shall be sent to the Secretary.
(3) Where there is no certified safety
and health committee, or when
requested by half the members of a
committee, the Secretary may initiate an
inspection or other appropriate action.
When the Secretary determines that an
inspection is warranted, the Secretary
shall observe the same response times
as required of the agencies under the
Executive Order and ? 1980.28(d)(3).
When the Secretary determines not to
make an inspection, the report shall be
forwarded to the agency for handling in
accordance with procedures outlined in
? 1960.28(d). A copy of the response to
the originator shall be sent to the
Secretary.
? 1960.29 Accident Investigation.
(a) While all accidents should be
investigated, including accidents
involving property damage only, the
extent of such investigation shall be
reflective of the seriousness of the
accident.
(b) In any case, each accident which
results in a fatality or the hospitalization
of five or more employees shall be
investigated to determine the causal
factors involved. Except to the extent
necessary to protect employees and the
public, evidence at the scene of an
accident shall be left untouched until
inspectors have an opportunity to
examine it.
(c) Any information or evidence
uncovered during accident
investigations which would be of benefit
in developing a new OSHA standard or
in modifying or revoking an existing
standard should be promptly
transmitted to the Secretary.
(d) The investigative report of the
accident shall include appropriate
documentation on date, time, location,
description of operations, description of
accident, photographs, interviews of
employees and witnesses,
measurements, and, other pertinent
information. A copy of the investigative
report required by this section shall be
forwarded to the official in charge of the
workplace, the appropriate safety and
health committee, and the exclusive
employee representative, if any. The
investigative report shall be made
available to the Secretary or his
authorized representative on request.
? 1960.30 Abatement of unsafe or
unhealthful working conditions.
(a) The agency shall ensure the
prompt abatement of unsafe and
unhealthful conditions. Where a Notice
of an Unsafe or Unhealthful Working
Condition has been issued, abatement
shall be within the time set forth in the
notice, or in accordance with the
established abatement plan.
(b) The procedures for correcting
unsafe or unhealthful working
conditions shall include a follow-up, to
the extent necessary, to determine
whether the correction was made. If,
upon the follow-up, it appears that the
correction was not made, or was not
carried out in accordance with an
abatement plan prepared pursuant to
paragraph (c) of this section, the official
in charge of the establishment and the
appropriate safety and health committee
shall be notified of the failure to abate.
(c) The official in charge of the
establishment shall promptly prepare an
abatement plan with the appropriate
participation of the establishment's
Safety and Health Official or a designee,
if in the judgment of the establishment
official the abatement of an unsafe or
unhealthful working condition will not
be possible within 30 calendar days.
Such plan shall contain 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 as a result
of the unsafe or unhealthful working
condition. A copy of the plan shall be
sent to the safety and health committee,
and, if no committee exists, to the
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representative of the employees. Any
changes in an abatement plan will
require the preparation of a new plan in
accordance with the provisions of this
section.
(d) When a hazard cannot be abated
within the authority and resources of the
official in charge of the establishment,
that official shall request assistance
from appropriate higher authority. The
local safety and health official, any
established committee and/or employee
representatives, and all personnel
subject to the hazard shall be advised of
this action and of interim protective
measures in effect, and shall be kept
informed of subsequent progress on the
abatement plan.
(e) When a hazard cannot be abated
without assistance of the General
Services Administration or other
Federal lessor agency, the occupant
agency shall act with the lessor agency
to secure abatement. Procedures for
coordination with the General Services
Administration are contained in Subpart
E of this part.
? 1960.31 Inspections by OSHA.
(a) The Secretary or the Secretary's
representatives are authorized to
conduct, when the Secretary deems
necessary, announced or unannounced
inspections in the following situations:
(1) Where an agency has not
established occupational safety and
health committees or where committees
no longer operate in conformance to the
requirements of subpart F of this part;
(2) In response to a request from half
the membership of record of any
certified safety and health committee;
and
(3) In response to an employee's
report of an imminent danger situation,
where there is a certified committee, but
where the Secretary determines that
neither the agency nor the committee
has responded to the employee.
(b) The Secretary's inspectors or
evaluators are authorized: to enter
without delay, and at reasonable 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 investigate 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, structures,
machines, apparatus, devices,
equipment, and materials therein, and to
question privately any employee, any
supervisory employee, and/or any
official in charge of an establishment.
(c) The Secretary may also make
scheduled inspections as an integral
part of OSHA's evaluation of an
agency's safety and health program in
accordance with Subpart J of this part.
(d) OSHA inspections shall follow the
general format set forth for agency
inspections in other applicable parts of
this subpart.
?? 1960.32-1960.33 [Reserved]
Subpart E-General Services
Administration and Other Federal
Agencies
? 1960.34 General provisions.
Within six months of the effective
date of this part, the Secretary of Labor
and the Administrator of the General
Services Administration (GSA) shall
initiate a study of conflicts that may
exist in their standards concerning
Federal buildings, leased space,
products purchased or supplied, and
other requirements affecting Federal
employee safety and health. Both
agencies shall establish and publish a
joint procedure for resolving conflicting
standards. All other Federal agencies
that have authority for purchasing
equipment, supplies, and materials, and
for controlling Government space, as
well as the leasing of space, shall also
be subject to the requirements of this
subpart, including publication of a
procedure for resolving conflicting
standards.
(a) In order to assist agencies in
carrying out their duties under section
19 of the Act, Executive Order 12196,
and this part, the Administrator or the
Administrator's designee shall:
(1) Upon an agency's request, furnish
for any owned or leased space offered
to a Federal agency for occupancy: (i) A
report of a recent pre-occupancy
inspection to identify serious hazards or
serious violations of OSHA standards or
approved alternate standards, and (ii) a
plan for abatement of the hazards and
violations discovered;
(2) Provide space which: (i) meets any
special safety and health requirements
submitted by the requesting agency, and
(ii) does not contain either serious
hazards or serious violations of OSHA
standards or approved alternate
standards which cannot be abated;
(3) Repair, renovate, or alter, upon an
agency's request, owned or leased space
in a planned and controlled manner to
reduce or eliminate, whenever possible,
any hazardous exposure to the occupant
agency's employees;
(4) Accompany, upon request, the
Secretary or the Secretary's designee on
any inspection or investigation of a
facility subject to the authority of the
General Services Administration.
Requests made for this purpose shall,
whenever possible, be made at the GSA
regional level in order to facilitate
prompt assistance;
(5) Investigate, upon an official agency
request, reports of unsafe or unhealthful
conditions within the scope of GSA's
responsibility. Such investigation, when
requiring anon-site inspection, shall be
completed within 24 hours for imminent
danger situations, within three working
days for potentially serious conditions,
and within 20 working days for other
safety and health risk conditions;
(6) Abate unsafe or unhealthful
conditions disclosed by reports,
investigation or inspection within 30
calendar days or submit to the occupant
agency's designated liaison official an
abatement plan. Such abatement plan
shall give priority to the allocation of
resources to bring about prompt
abatement of the conditions. (GSA shall
publish procedures for abatement of
hazards in the Federal Property
Management Regulations--41 CFR Part
101);
(7) Establish an occupancy permit
program which will regulate the types of
activities and occupancies in facilities in
order to avoid incompatible groupings,
e.g., chemical or biological laboratories
in office space. GSA shall seek to
consolidate Federal laboratory
operations ift facilities designed for such
purposes;
(8) Ensure, insofar as possible, that
agency safety and health problems still
outstanding are resolved, or otherwise
answered by acceptable alternatives
prior to renegotiation of leases; and
(9) Ensure that GSA or other Federal
lessor agencies' building managers
maintain a log of reports of unsafe or
unhealthful conditions submitted by
tenants to include: date of receipt of
report, action taken, and final
resolution.
(b) Product safety. Agencies-such as
GSA, DOD, and others which procure
and provide supplies, equipment,
devices, and material for their own use
or use by other agencies, except for the
design of uniquely military products as
set forth in ? 1960.2(i), shall establish
and maintain a product safety program
which:
(1) Ensures that items procured will
allow user agencies to use such products
safely for their designed purpose and
will facilitate user compliance with all
applicable standards.
(2) Requires that products meet the
applicable safety and health
requirements of Federal law and
regulations issued thereunder;
(3) Ensures that hazardous material
will be labelled in accordance with
current law or regulation to alert users,
shippers, occupational safety and
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health, and emergency action personnel,
and others, to basic information
concerning flammability, toxicity,
compatibility, first aid procedures, and
normal as well as emergency handling
and disposal procedures;
(4) Ensures availability of appropriate
safety rescue and personal protective
equipment to supply user agencies. The
writing of Federal procurement
specifications will be coordinated by
GSA with OSHA/NIOSH as needed to
assure purchase of approved products;
(5) Ensures that products recalled by
the manufacturer, either voluntarily or
by order from a regulatory authority, are
removed from inventory. Each recall
notice or order shall be forwarded to all
agencies which have ordered such
product from or through the procuring/
supplying Federal agency, e.g., GSA,
DOD, etc.;
(6) Includes preparation of FEDSTD
313, Material Safety Data Sheets
(MSDS), involving all interested
agencies in review to keep the standard
current. MSDS provided by agencies or
contractors shall meet the requirements
of FEDSTD 313 and be furnished to DOD
for filing and distribution.
(c) In order to assist agencies in
carrying out their duties under section
19 of the Act, Executive Order 12196,
and this part, the DOD operates and
maintains an automated system to
receive, file, reproduce, and make
available MSDS data to other Federal
agencies through the Government
Printing Office or the National Technical
Information Services.
(d) All Federal agencies shall use
MSDS either provided by DOD, or
acquired directly from suppliers, when
purchasing hazardous materials (as
defined in FEDSTD 313) for local use.
These data will be used to develop
detailed procedures to advise employees
in the workplace of the hazards
involved with the materials and to
protect them therefrom.
(e) Safety and health services. GSA
will operate and maintain for user
agencies the following services:
(1) Listings in the "Federal Supply
Schedule" of safety and health services
and equipment which are approved for
use by agencies when needed. Examples
of such services are: workplace
inspections, training, industrial hygiene
surveys, asbestos bulk sampling, and
mobile health testing; examples of such
equipment are: personal protective
equipment and apparel, safety devices,
and environmental monitoring
equipment;
(2) Rules for assistance in the
preparation of agency "Occupant
Emergency Plans" (formerly called
"Facility Self-Protection Plans"), to be
published by GSA at 41 CFR Part 101;
(3) An effective maintenance program
in the Interagency Motorpool System
which will ensure the safety and health
of Federal employees utilizing the
vehicles. Critical items to be included
are: Exhaust systems, brakes, tires,
lights, steering, and passenger restraint
or other crash protection systems; and
(4) A rapid response system whereby
agencies can alert GSA to unsafe or
unhealthful items purchased or
contracted for by GSA, which in turn
will evaluate the reports, initiate
corrective action, as appropriate, and
advise use agencies of interim protective
measures.
? 1960.35 National Institute for
Occupational Safety and Health.
(a) The Director of the National
Institute for Occupational Safety and
Health (NIOSH) shall, upon request by
the Secretary, assist in: (1) Evaluations
of Federal agency safety and health
programs; (2) investigations of possible
safety and health hazards and (3)
inspections resulting from employee or
committee reports of unsafe or
unhealthful working conditions.
(b) The Director of NIOSH shall
provide a Hazard Evaluation (HE)
program for Federal agencies. This
program shall be designed to respond-to
requests for assistance in determining
whether or not safety or health hazards
are present in a Federal workplace.
Requests for such Hazard Evaluations
may be submitted to the Director by:
(1) The Secretary of Labor;
(2) The Head of a Federal agency;
(3) An agency safety and health
committee if half the committee requests
such service; and
(4) Employees who are not covered by
a certified safety and health committee.
(c) The Director of NIOSH may assist
agencies by providing hazard alerts,
technical services, training materials
and conducting training programs upon
request by an agency and with
reimbursement.
Subpart F-Occupational Safety and
Health Committees
? 1960.36 General provisions.
(a) The occupational safety and health
committees described in this subpart are
organized and maintained basically to
monitor and assist an agency's safety
and health program. These committees
assist agencies to maintain an open
channel of communication between
employees and management concerning
safety and health matters in agency
workplaces. The committees provide a
method by which employees can utilize
69807
their knowledge of workplace
operations to assist agency management
to improve policies, conditions, and
practices.
(b) Agencies may elect to establish
safety and health committees meeting
the minimum requirements contained in
this subpart. Where such committees are
not established or fail to meet the
minimum requirements established by
the Secretary, the Secretary is
authorized by section 1-401(i) of
Executive Order 12196 to conduct
unannounced inspections of agency
workplaces when the Secretary
determines them necessary.
? 1960.37 Committee organization.
(a) For agencies which elect to utilize
the committee concept, safety and
health committees shall be formed at
both the national level and, for agencies
with field or regional offices, at
appropriate levels within the agency. To
realize exemption from unannounced
OSHA inspections, an agency must form
a committee at the national level and at
any establishment or grouping of
establishments that is to be exempt,
keeping the Secretary advised of the
locations and activities where such
committees are functioning.
(1) The principal function. of the
national level committee shall be to
consult and provide policy advice on,
and monitor the performance of, the
agency-wide safety and health program.
(2) Committees at other appropriate
levels shall be established at agency
establishments or groupings of
establishments consistent with the
mission, size and organization of the
agency and its collective bargaining
configuration. The agency shall form
committees at the lowest practicable
local level. The principal function of the
establishment (or local) committees is to
monitor and assist in the execution of
the agency's safety and health policies
and program at the workplaces within
their jurisdiction. Any dispute over the
meaning of the term "appropriate levels"
shall be resolved by the Secretary.
(b) Committees shall have equal
representation of management and
nonmanagement employees, who shall
be members of record.
(1) Management members of both
national level and establishment level
committees shall be appointed in writing
by the person empowered to make such
appointments.
(2) Nonmanagement members of
establishment level committees shall
represent all employees of the
establishment and shall be determined
according to the following rules:
(i) Where employees are represented
under collective bargaining
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arrangements, members shall be
appointed from among those
recommended by the exclusive
bargaining representative;
(ii) Where employees are not
represented under collective bargaining
arrangements, members shall be
determined through procedures devised
by the agency which provide for
effective representation of all
employees; and
(iii) Where some employees of an
establishment are covered under
collective bargaining arrangements and
others are not, members shall be
representative of both groups.
(3) Nonmanagement members of
national level committees shall be
determined according to the following
rules:
(i) Where employees are represented
by organizations having exclusive
recognition on an agency basis or by
organizations having national
consultation rights, some members shall
be determined in accordance with the
terms of collective bargaining
agreements and some members shall be
selected from those organizations
having consultation rights, and
(ii) Where employees are not
represented by organizations meeting
the criteria of paragraph (b)(3)(i) of this
section, members shall be determined
through procedures devised by the
agency which provide for effective
representation of all employees.
(c) Committee members should serve
overlapping terms. Such terms should be
of at least two years duration, except
when the committee is initially
organized.
(d) The committee chairperson shall
be nominated from among the
committee's members and shall be
elected by the committee members.
Management and nonmanagement
members should alternate in this
position. Maximum service time as
chairperson should be two consecutive
years.
(e) Committees shall establish a
regular schedule of meetings and special
meetings shall be held as necessary;
establishment level committees shall
meet at least quarterly and national
committees shall meet at least annually.
(f) Adequate advance notice of
committee meetings shall be furnished
to employees and each meeting shall be
conducted pursuant to a prepared
(g) Written =mates of each sonaitIee
meeting shall be maintained and
disiiibut d to each oanadtise asembee.
and upon request shall be and.
available to em ployeee and to the
Secretary.
? 1960.37 Committee formation.
(a) Upon forming such committees,
heads of agencies shall submit
information to the Secretary concerning
the existence, location, and coverage, in
terms of establishments and population,
of such committees, certifying to the
Secretary that such committees meet the
requirements of this subpart. The
information submitted should include
the name and telephone numbers of the
chairperson of each committee, and
should be updated annually as part of
the annual report required by ? 1960.75
to reflect any changes that may have
occurred.
(b) If, upon evaluation, the Secretary
determines that the operations of a
committee do not meet the requirements
of this subpart, the Secretary shall notify
the agency and identify the deficiencies
to be remedied. If the agency does not
satisfy the Secretary within 90 days that
the committee meets the requirements of
this subpart, the committee shall not be
deemed a committee under Executive
Order 12196 and this part.
? 1960.39 Agency responsibilities.
(a) Agencies shall make available to
committees all agency information
relevant and necessary to their duties,
except where prohibited by law.
Examples of such information include,
but are not limited to: The agency's
safety and health policies and program;
human and' financial resources available
to implement the program; accident,
injury, and, illness data; epidemiological
data; employee exposure monitoring
data; Material Safety Data Sheets;
inspection reports; reprisal investigation
reports; abatement plans; NIOSH hazard
evaluation reports; and internal and
external evaluation reports.
(b) Agencies shall provide all
committee members appropriate training
as required by subpart H of this part.
? 1960.40 Establishment committee
duties.
(a) The safety and health committee is
an integral part of the safety and health
program, and helps ensure effective
implementation of the program at the
establishment level.
(b) An establishment committee
formed under this subpart shall, except
where prohibited by law:
(1) Monitor and assist the safety and
health program at establishments under
1$ jurisdiction and make
reooaswodegoae to the official in
c harp on the operation of the prosrees;
(2) Mossiter hwbev MW "Paris of
workplace iespeetime to oeedkra that
appropriate names ive aeasw'as are
boplameated.
(3) When requested by the agency
Safety and Health Official, or when the
committee deems it necessary for
effective monitoring of agency
establishment inspection procedures,
participate in inspections of the
establishment;
(4) Review internal and external
evaluation reports and make
recommendations concerning the
establishment safety and health
program;
(5) Review, and recommend changes,
as appropriate, to procedures for
handling safety and health suggestions
and recommendations from employees.
(6) When requested by the Designated
Agency Safety and Health Official, or
when the committee deems it necessary,
comment on standards proposed
pursuant to the provisions of Subpart C
of this part;
(7) Monitor and recommend changes,
as required, in the level of resources
allocated and spent on the
establishment safety and health
program;
(8) Review agency responses to
reports of hazardous conditions, safety
and health program deficiencies, and
allegations of reprisal;
(9) Report their dissatisfaction to the
Secretary if half a committee determines
there are deficiencies in the
establishment's safety and health
program or is not satisfied with the
agency's reports of reprisal
investigations; and
(10) Request the Secretary to conduct
an evaluation or inspection if half the
members of record are not satisfied with
an agency's response to a report of
hazardous working conditions.
? 1960.41 National committee duties.
National committees established
under this subpart shall, except where
prohibited by law:
(a) Monitor performance of the agency
safety and health program and make
policy recommendations to the head of
the agency on the operation of the
program;
(b) Monitor and assist in the
development and operation of the
agency's establishment committees. As
the committee deems appropriate,
monitor and review: Reports of
inspections; internal and external
evaluation reports; agency safety and
health training program; proposed
agency standards; agency pines for
abating hazards; and responses to
repass of laaardous vt &iiaas; seieW
and health program detlcsnsim and
a legation of reprisal;
(c) Monitor and reoorsissend sho gas
in the resources allocated to the entire
ages safety and heakh preogsa w
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(d) Report their dissatisfaction to the
Secretary if half a committee determines
there are deficiencies in the agency's
safety and health program or is not
satisfied with the agency's reports of
reprisal investigations; and
(e) Request the Secretary to conduct
an evaluation or inspection if half the
members of record are not satisfied with
an agency's response to a report of
hazardous working conditions.
?? 1960.42-1960.45 [Reserved]
Subpart G-Allegations of Reprisal
? 1960.46 Agency responsibility.
(a) The head of each agency shall
establish procedures to assure that no
employee is subject to restraint,
interference, coercion, discrimination or
reprisal for filing a report of an unsafe or
unhealthful working condition, or other
participation in agency occupational
safety and health program activities, or
because of the exercise by such
employee on behalf of himself or herself
or others of any right afforded by
section 19 of the Act, Executive Order
12196, or this part. These rights include,
among other, the right of an employee to
decline to perform his or her assigned
task because of a reasonable belief that,
under the circumstances the task poses
an imminent risk of death or serious
bodily harm coupled with a reasonable
belief that there is insufficient time to
seek effective redress through normal
hazard reporting and abatement
procedures established in accordance
with this part.
(b) Based on the Secretary's
evaluation of agencies' procedures for
protecting employees from reprisal, the
Secretary shall report to the President
by September 30, 1982 his findings and
recommendations for improvements in
procedures for the investigation and
resolution of allegations of reprisal.
? 1960.47 Results of investigations.
Each agency shall keep occupational
safety and health committees advised of
agency activity regarding allegations of
reprisal and any agency determinations
thereof. Agency officials shall provide
copies of reprisal investigation findings,
if any, to the Secretary and to the
appropriate safety and health
committee.
?? 1960.48-1960.53 [Reserved)
Subpart H-Training
? 1960.54 Training of top management
officials.
Each agency shall provide top
management officials with orientation
and other learning experiences which
will enable them to manage the
occupational safety and health programs
of their agencies. Such orientation
should include coverage of section 19 of
the Act, Executive Order 12196, the
requirements of this part, and the
agency safety and health program.
? 1960.55 Training of supervisors.
(a) Each agency shall provide
occupational safety and health training
for supervisory employees that includes:
supervisory responsibility for providing
and maintaining safe and healthful
working conditions for employees, the
agency occupational safety and health
program, section 19 of the Act,
Executive Order 12196, this part,
occupational safety and health
standards applicable to the assigned
workplaces, agency procedures for
reporting hazards, agency procedures
for reporting and investigating
allegations of reprisal, and agency
procedures for the abatement of
hazards, as well as other appropriate
rules and regulations.
(b) This supervisory training should
include introductory and specialized
courses and materials which will enable
supervisors to recognize and eliminate,
or reduce, occupational safety and
health hazards in their working units.
Such training shall also include the
development of requisite skills in
managing the agency's safety and health
program within the work unit, including
the training and motivation of
subordinates toward assuring safe and
healthful work practices.
? 1960.56 Training of safety and health
specialists.
(a) Each agency shall provide
occupational safety and health training
for safety and health specialists through
courses, laboratory experiences, field
study, and other formal learning
experiences to prepare them to perform
the necessary technical monitoring,
consulting, testing, inspecting, designing,
and other tasks related to program
development and implementation, as
well as hazard recognition, evaluation
and control, equipment and facility
design, standards, analysis of accident,
injury, and illness data, and other
related tasks.
(b) Each agency shall implement
career development programs for their
occupational safety anq health
specialists to enable the .staff to meet
present and future program needs of the
agency.
? 1960.57 Training of safety and health
Inspectors.
Each agency shall provide training for
safety and health inspectors with
69809
respect to appropriate standards, and
the use of appropriate equipment and
testing procedures necessary to identify
and evaluate hazards and suggest
general abatement procedures during or
following their assigned inspections, as
well as preparation of reports and other
documentation to support the inspection
findings.
? 1960.58 Training of collateral duty safety
and health personnel and committee
members.
Within six months after October 1,
1980, or on appointment of an employee
to a collateral duty position or to a
committee, each agency shall provide
training for collateral duty safety and
health personnel and all members of
certified occupational safety and health
committees commensurate with the
scope of their assigned responsibilities.
Such training shall include: The agency
occupational safety and health program;
section 19 of the Act; Executive Order
12196; this part; agency procedures for
the reporting, evaluation and abatement
of hazards; agency procedures for
reporting and investigating allegations
of reprisal, the recognition of hazardous
conditions and environments;
identification and use of occupational
safety and health standards, and other
appropriate rules and regulations.
? 1960.59 Training of employees and
employee representatives.
(a) Each agency shall provide
appropriate safety and health training
for employees including specialized job
safety and health training appropriate to
the work performed by the employee, for
example: Clerical; printing; welding;
crane operation; chemical analysis, and
computer operations. Such training also
shall inform employees of the agency
occupational safety and health program,
with emphasis on their rights and
responsibilities.
(b) Occupational safety and health
training for employees of the agency
who are representatives of employee
groups, such as labor organizations
which are recognized by the agency,
shall include both introductory and
specialized courses and materials that
will enable such groups to function
appropriately in ensuring safe and
healthful working conditions and
practices in the workplace and enable
them to effectively assist in conducting
workplace safety and health
inspections. Nothing in this paragraph
shall be construed to alter training
provisions provided by law, Executive
Order, or collective bargaining
arrangements.
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? 1960.60 Training assistance.
(a) Agency heads may seek training
assistance from the Secretary of Labor,
the National Institute for Occupational
Safety and Health and other appropriate
sources.
(b) After the effective date of
Executive Order 12196, the Secretary
shall, upon request and with
reimbursement, conduct orientation for
Designated Agency Safety and Health
Officials and/or their designees which
will enable them to manage the
occupational safety and health programs
of their agencies. Such orientation shall
include coverage of section 19 of the
Act, Executive Order 12196, and the
requirements of this part.
(c) Upon request and with
reimbursement, the Department of Labor
shall provide each agency with training
materials to assist in fulfilling the
training needs of this subpart, including
resident and field training courses
designed to meet selected training needs
of agency safety and health specialists,
safety and health inspectors, and
collateral duty safety and health
personnel. These materials and courses
in no way reduce each agency's
responsibility to provide whatever
specialized training is required by the
unique characteristics of its work.
(d) In cooperation with OPM, the
Secretary will develop guidelines and/or
provide materials for the safety and
health training programs for high-level
managers, supervisors, members of
committees, and employee
representatives.
?? 1900.01-1960.65 [Reserved)
Subpart 1-Recordkeeping and
Reporting Requirements
? 1960.16 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,
for proper evaluation and necessary
corrective action and to assist the
Secretary in meeting the requirement to
develop and maintain an effective
program of collection, compilation, and
analysis of occupational safety and
health statistics. The term "incident" as
hereinafter used in this subpart, shall
include all occupational injuries and
illnesses.
(b) In order to perform his duties
under section 19 of the Act and
Executive Order 12196, particularly with
respect to providing the President with
current information about the Federal
agency safety and health program it is
necessary that the Secretary be
promptly informed of serious incidents
involving agency employees as provided
in ? 1960.70. Assistance to agencies in
the investigation of such incidents is
available pursuant to the provisions of
Executive Order 12196 and this subpart.
(c) Each agency shall utilize the
information collected through its
management information system to
identify unsafe and unhealthful working
conditions, and to establish program
priorities.
(d) The Department of Labor shall
provide Federal agencies with the forms
and instructions for meeting the
recordkeeping and reporting
requirements specified in ? ? 1960.67,
1960.68, and 1960.69.
(e) The provisions of this subpart are
not intended to discourage agencies
from utilizing recordkeeping and
reporting forms which contain a more
detailed breakdown of information than
the forms provided 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 Office of Federal
Agency Safety and Health Programs,
U.S. Department of Labor.
(g) Information concerning
occupational injuries and illnesses or
accidents which, pursuant to statute or
Executive Order, must be kept secret in
the interest of national defense or
foreign policy, shall be recorded on
separate forms. Such records shall not
be submitted to the Department of
Labor, but may be used by the
appropriate Federal agency in
evaluating the agency's program to
reduce occupational injuries, illnesses
and accidents.
? 1960.67 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. Except
as provided in ? 1960.71 (b) and (c), the
log is to be maintained at the
establishment.
(b) Within six working days after
receiving information on 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 completed in the
detail required by that form and the
instructions contained therein.
(c) As a minimum, any occupational
injury or illness reported by an
employee on a Form CA-1 or CA-2
(except first aid cases) to the Office of
Workers' Compensation Programs,
Department of Labor, shall be
considered recordable on the log.
? 1960.68 Supplementary record of
Federal occupational injuries and Illnesses.
In addition to the record or log of
Federal occupational injuries and
illnesses provided for under 1 1960.67,
each Federal agency shall maintain a
supplementary record for each
occupational injury and illness. The
record shall be completed within six
working days after the receipt of
information that a recordable
occupational injury or illness has
occurred. For this purpose, OSHA Form
No. 101F, or its equivalent, shall be
completed in the detail required by the
form and the instructions therein.
? 1960.69 Annual summaries of Federal
occupational Injuries and Illnesses.
(a) Each Federal agency, on a
calendar year basis, shall compile an
annual summary of occupational injuries
and illness for each reporting unit listed
and submitted pursuant to ? 1960.74.
The summaries shall be based on the
record or log of Federal occupational
injuries and illnesses maintained
pursuant to ? 1960.67. OSHA Form No.
102F shall be used for this purpose, and
shall be completed in the form and
detail required by that form and the
instructions contained therein.
(b) Each agency shall furnish the
Department of Labor with a copy of its
annual summaries compiled on the basis
of reporting unit no later than 45
calendar days after the close of the
calendar year.
? 1960.70 Reporting of serious accidents.
(a) Within 48 hours after the
occurrence of an employment accident,
the head of the Federal agency shall
report by telephone or telegraph to the
Office-of Federal Agency Safety and
Health Programs:
(1) Any occupational accident which
is fatal to one or more employees;
(2) Any occupational accident which
results in the hospitalization of five or
more employees;
(3) Any occupational illness which
results in death;
(4) Any occupational accident
involving both Federal and non-Federal
employees which results in a fatality or
the hospitalization of five or more such
employees.
Accidents not immediately reportable,
but which result in death within six
months of the date of the accident, shall
be reported within 48 hours of the time
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the employer becomes aware of the
death.
(b) The report shall relate the
circumstances of the accident, names of
individuals involved, any actions taken
by the agency, the number of fatalities,
and/or injuries and illnesses and the
extent of any injuries. The Secretary
may require such additional information
in writing or otherwise, as he deems
necessary.
? 1960.71 Location and utilization of
records and reports.
(a) The provisions of this section,
dealing with the availability of
information compiled pursuant to this
subpart, are designed to guide agencies
in providing agency employees and their
representatives with the basic
information necessary to assure that
they can actively participate 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 accident,
injury and illness records of the
establishments 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 ? ? 1960.67 and
1960.68 shall be maintained at each
establishment. Where, for reasons of
efficient administration or practicality,
an agency must maintain these records
at a place other than at each
establishment, such agency shall ensure
that there is available at each
establishment a copy of these records.
These records shall be complete and as
current as possible; in no case shall
more than 45 days elapse after the
recording of an illness or injury
occurring in an establishment and the
availability of 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
sanitary services, which may be
physically dispersed, the log and
supplementary records, or copies
thereof, may be maintained at a place to
which employees report each day.
(2) For personnel who do not primarily
report or work at a single establishment,
and who are generally not supervised in
their daily work, such as traveling
employees, technicians, engineers, etc.,
the log and supplementary records, or
copies thereof, may be maintained at the
base from which personnel operate to
carry out their activities.
(d) Each Federal agency shall post a
copy of the annual summary of Federal
occupational injuries and illnesses for
an establishment, as compiled pursuant
to ? ? 1960.67 or 1960.69, at such
establishment, not later than 45 calendar
days after the close of the calendar year,
or otherwise disseminate a copy of the
annual summary for an establishment in
written form to all employees of the
establishment. Copies of the annual
summary shall be posted for a minimum
of 30 consecutive 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
location, the notice may be posted at the
location from which the employees
operate to carry out their activities.
Each Federal agency shall take
necessary steps to ensure that such
summary is not altered, defaced, or
covered by other material.
(e) The head of each agency shall
ensure access to establishment logs and
annual summaries by establishment of
Occupational Safety and Health
Committees, and by that establishment's
employees, former employees and
employee representatives.
(f) Agency safety and health
inspectors shall also have access to
accident, injury and health records
maintained under this subpart and in
accordance with the provisions of
? 1960.26(a)(1).
? 1960.72 Access to records by Secretary.
The records required to be maintained
under the provisions of this subpart
shall also be available and made
accessible to the Secretary or his
authorized representative (including
personnel of the National Institute for
Occupational Safety and Health).
? 1960.73 Retention of records.
The records and reports required to be
maintained under the provisions of this
subpart shall be retained by each
agency for five 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 or his authorized
representative would have reasonable
access. In addition, records required by
OSHA standards shall be retained in
accordance with those standards.
? 1960.74 Identification of reporting units.
(a) Each Federal agency shall submit
a new list identifying reporting units to
the Department of Labor, ATTN: Office
of Federal Agency Safety and Health
Programs, no later than July 1, 1981, and
69811
shall update the list as changes occur.
The list shall contain the following
information:
(1) The names and addresses of each
Federal reporting unit which will be
covered in the records and reports
required by this subpart.
(2) A brief description of any
differences between an agency's
internal recordkeeping and reporting
system and the recordkeeping and
reporting system provided by this
subpart, including differing forms.
(b) Any Federal agency created or
reorganized after July 1, 1981 shall
submit the above information within
sixty working days of commencement of
operations as a new entity.
? 1960.75 Agency annual reports.
(a) The Act and E.O. 12196 require all
Federal agency heads to submit to the
Secretary an annual report on their
agency's occupational safety and health
program, containing such information as
the Secretary prescribes.
(1) Each agency shall submit to the
Secretary by April 1 of each year a
report describing the agency
occupational safety and health program
of the previous calendar year, and
objectives for the current year. The
report shall include a summary of the
agency's self-evaluation findings as
required by ? 1960.78(b).
(2) The Secretary shall furnish
guidelines to agency heads by January 1
each year concerning the preparation of
this report for the coming year.
(3) The agency reports shall be used in
the preparation of the Secretary's report
to the President.
(b) The Secretary shall submit to the
President by October 1 of each year a
summary report of the status of the
occupational safety and health of
Federal employees, based on agency
reports, evaluations of individual agency
progress and problems in correcting
unsafe and unhealthful working
conditions, and recommendations for
improving their performance.
? 1960.76-1960.77 [Reserved]
Subpart J-Evaluation of Federal
Occupational Safety and Health
Programs
? 1960.78 Purpose and scope.
(a) The purpose of this subpart is to
establish a comprehensive program for
the evaluation of Federal employee
occupational safety and health
programs. This subpart includes the
responsibilities of agency heads in
conducting self-evaluations of the
effectiveness of their occupational
safety and health programs, and the
responsibilities of the Secretary in
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evaluating the extent to which each
agency head has developed and
implemented agency programs in
accordance with the requirements of
Executive Order 12196 and this part.
(b) Agency heads shall develop and
implement a programs for evaluating the
effectiveness of their agency's
occupational safety and health program.
An annual summary report shall be
submitted to the Secretary covering self-
evaluations conducted during the
previous year.
(c) The Secretary shall conduct a
comprehensive evaluation of each
Federal agency's occupational safety
and health program. Evaluations shall
be conducted on a regular schedule to
determine the performance levels of
each agency's program. The Secretary
shall .submit to the President each year.
A summary report of the status of the
occupational safety and health of
Federal employees; Department of Labor
evaluations, together with agency
responses, of individual agency progress
and problems in correcting unsafe and
unhealthful working conditions, and
recommendations for improving
agency's performance.
? 1960.79 Self-evaluations of occupational
safety and health programs.
Agency heads shall develop and
implement a program of self-evaluations
to determine the effectiveness of their
occupational safety and health
programs. The self-evaluations are to
include qualitative assessments of the
extent to which their agency safety and
health programs are:
(a) Developed in accordance with the
requirements set forth in Executive
Order 12196 and this part and,
(b) Implemented effectively in all
agency field activities.
Agencies needing assistance in
developing a self-evaluation program
should contact the Secretary.
? 1960.80 Secretary's evaluations of
agency occupational safety and health
programs.
(a) In accordance with section 1-
401(h), the Secretary shall develop a
comprehensive program for evaluation
an agency's occupational safety and
health program. To accomplish this, the
Secretary shall conduct:
(1) A complete and extensive
evaluation of all elements of an agency's
occupational safety and health program
on a regular basis;
(2) Special studies of limited areas of
an agency's occupational safety and
health program as deemed necessary by
the Secretary; and
(3) Field reviews and scheduled
inspections of agency workplaces as
deemed necessary by the Secretary.
(b) The Secretary shall develop and
distribute to Federal -agencies detailed
information on the Department of
Labor's evaluation program. The
information shall include, but is not
limited to:
(1) The major program elements
included in a complete and extensive
evaluation of an agency's occupational
safety and health program;
(2) The methods and factors used to
determine the effectiveness of each
element of an agency's program;
(3) The factors used to define "large"
or "more hazardous" Federal agencies,
establishments, or operations;
(4) The procedures for conducting
evaluations including field visits and
scheduled inspections; and
(5) The reporting format for agency
heads in submitting annual summaries
of their self-evaluation programs.
(c) Prior to the initiation of an agency
evaluation, and Department of Labor
will review the annual agency self-
evaluation summary report. The
Secretary will then develop a program
evaluation plan before the initiation of
an agency evaluation. A copy of the
plan shall be furnished to the agency to
be evaluated at the time of the
notification of the evaluation.
(d) To facilitate the evaluation process
and to insure full understanding of the
procedures to be followed and the
support required from the agency, the
Secretary, or the Secretary's
representative, shall conduct an opening
conference with the agency head or
designee. At the opening conference, the
Secretary's authority and evaluation
plan will be explained.
(e) The agency evaluation should be
completed within 90 calendar days of
the date of the opening conference.
(f) A report of the evaluation shall be
submitted to the agency head by the
Secretary within 90 calendar days from
the date of the closing conference.
(g) Agency heads shall respond to the
evaluation report within 60 calendar
days of receipt of the report.
? 1960.81-1960.83 [Reserved]
Subpart K-Field Federal Safety and
Health Councils
? 1960.84 Purpose.
(a) Executive Order 12196 provides
that the Secretary shall "facilitate the
exchange of ideas and information
throughout the Government about
occupational safety and health."
(b) Consistent with this objective, the
Secretary will continue to sponsor and/
or provide guidance for those Field
Federal Safety and Health Councils now
established and in operation, and
establish new field councils as
necessary. The field councils will
consist primarily of qualified
representatives of local area Federal
field activities whose duties pertain to
occupational safety and health, and also
of representatives of recognized local
labor organizations, or other civilian
employee organizations, at local area
Federal field activities. For the purpose
of this subpart the definition of field
activity will be provided by each
agency.
11960.85 Role of the Secretary.
(a) The Secretary shall maintain
liaison with agency heads to ensure that
they encourage their field activities to
participate actively in field council
programs. To ensure maximum
participation, the field councils' annual
reports to the Secretary shall provide
descriptions of the degree of
management and employee participation
by the defined Federal field activities.
The Secretary shall 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 shall provide
leadership and guidanoe and make
available necessary equipment,
supplies, and staff services to the Field
Federal Safety and Health Councils to
assist them in carrying out their
responsibilities. The Secretary shall also
provide consultative and technical
services to field councils. These services
shall involve aid in any phase of
developing and planning programs; and
in sponsoring, conducting or supporting
safety and health training courses.
? 1960.86 Establishing councils.
(a) Those field councils established
and in operation prior to the effective
date of this subpart will continue to
function without interruption provided
they are operating in accordance with
the provision of their charter and this
subpart.
(b) The Secretary may establish a
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, and
there is substantial agreement among
the agencies that such a council would
be useful. In any such area where there
is no council already established, a field
representative of the Secretary may,
upon his own initiative or at the request
of any establishment within the area,
contact representatives of all
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establishments within the area and
encourage the organization of a field
council.
(c) After a new 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
shall be sent to the Secretary. Upon
approval of the Articles of Organization,
a charter will be issued.
(d) At the first general meeting of the
council, committees should be appointed
and the cooperation of all participants
should be solicited to aid the functioning
of committees and the successful
accomplishment of the council's
objectives.
? 1960.87 Objectives.
The basic objective of field councils is
to facilitate the exchange of ideas and
information to assist agencies to reduce
the incidence, severity and cost of
occupational accidents, injuries, and
illnesses. Field councils shall act on
behalf of the Secretary or his designees
on occupational 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 on occupational safety and
health to representatives of participating
agencies and employee organizations.
(c) To promote improvement of safety
and health programs and organizations
in each Federal agency represented or
participating in council activities.
(d) To promote coordination,
cooperation, and sharing of resources
and expertise to aid agencies 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 employee
representatives, collateral duty and
professional safety and health
personnel, coordinate or promote
programs for inspections, or, on request,
conduct inspections and evaluations of
the agencies' safety and health
programs.
(e) To provide Federal Executive
Boards, Federal Executive Associations,
labor union organizations and other
employee representatives with
information on the administrative and
technical aspects of safety and health
programs.
(f) To evaluate the safety and health
problems peculiar to local conditions
and facilitate solutions to these
problems through council activities.
(g) To develop a cooperative
relationship with local community
leaders by informing them of the
existing functions and objectives of the
council and by calling on them for
support and participation in council
meetings and activities.
? 1960.88 Membership and participation.
(a) Each field council shall consist of
the designated representatives of local
Federal activities appointed by their
respective activity heads, after
consultation with appropriate employee
representatives and appropriate
certified safety and health committees.
(b) Federal agency heads should
encourage each field activity having
responsibility for the safety and health
of agency employees to participate in
the programs of these councils.
(c) Each activity head shall appoint an
equal number of officially designated
representatives (with designated
alternates), from management and from
nonmanagement employees, consistent
with applicable collective bargaining
arrangements.
(d) Representatives shall be selected
from individuals in the following
categories:
(1) Federal occupational safety and
health professionals.
(2) Related Federal professionals, or
collateral duty personnel. This includes
persons employed in professions or
occupations related to or concerned
with safety and health of employees.
(3) Line management officials.
(4) Representatives of recognized
Federal labor or other employee
organizations.
(i) Where certified occupational safety
and health committees exist,
nonmanagement members of the
committees shall be given the
opportunity to select one individual for
official appointment to field councils by
the activity head.
(ii) Where employees are represented
by collective bargaining arrangements,
but no committee exists,
nonmanagement members of field
councils shall be selected from among
those recommended by the exclusive
bargaining representatives for official
appointment to field councils by the
activity head.
(iii) Where some employees in an
activity are represented by collective
bargaining arrangements and others are
not, the agency head should solicit
nominations for the agency's designated
nonmanagement representative and
alternate both from lawful labor
organization(s) with collective
bargaining status and from employees
not represented through collective
bargaining and should select from the
nominees for official appointment as
designated employee representatives on
the field council.
(e) Representatives from non-Federal
organizations. Associate membership
may be granted to any non-Federally
employed person who demonstrated
interest in occupational safety and
health. An associate member has no
voting rights and may not hold any
office.
(f) No maximum limitation shall be
imposed by a council on itself, in regard
to the numbers of personnel in any of
the above categories that may attend
meetings and/or participate in field
council activities. An agency is free to
have any number of individuals, in
addition to the officially designated
representatives participate in council
activities.
(g) Only officially designated agency
representatives or their alternates shall
have voting privileges. All
representatives and participants shall
serve without additional compensation.
(h) Travel funds shall be made
available equally to management and
nonmanagement employee
representatives.
? 1960.89 Organization.
(a) Field council officers shall include,
as a minimum, a chairperson, vice
chairperson, and secretary. Officers
shall be elected for a one or two-year
term on a calendar year basis by a
majority vote of the designated
representatives. Election of officers shall
be held at least 60 days before the
beginning of a calendar year. The
election may be conducted at a regularly
scheduled meeting or by letter ballot.
(b) Each council shall notify the
appropriate OSHA Regional Office and
the Office of Federal Agency Safety and
Health Programs of the name, agency
address, and telephone number of each
newly elected official.
(c) Each council shall have an
Executive Committee consisting of all
elected officers, chairpersons of
appointed committees and the
immediate past chairperson of the field
council.
(d) In addition to the Executive
Committee, each council shall have
either a membership committee, a
program committee and a finance
committee, or a council official
designated responsibility in these areas,,,
Additional committees may be
appointed by the chairperson for
specific purposes as warranted.
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69814 Federal Register / Vol. 45, No. 205 / Tuesday, October 21, 1980 / Rules and Regulations
? 1960.90 Operating procedures.
(a) The Executive Committee of each
council shall meet at least 45 days
before the beginning of each calendar
year to approve an annual program for
the council designed to accomplish the
objectives and functions stated in
?1960.87. In addition, the Executive
Committee shall meet periodically to
ensure that the meetings and other
activities of the council are being
conducted as outlined in the council
schedule.
(b) The council program shall include
at least four meetings or activities per
year dealing with occupational safety
and health issues.
(c) Each field council shall submit to
the Secretary or his designee by March
15 of each year a report describing the
activities and programs of the previous
calender year and plans for the current
year. In addition, the report shall
address the participation and
attendance of designated
representatives of the council. The
Office of Federal Agency Safety and
Health Programs, OSHA, shall furnish
guidelines to field councils concerning
the preparation of this report.
(d) Upon determination that a council
is not operating in accordance with its
charter and the provisions of this
subpart, and after consultation with
appropriate OSHA regional officials, the
Secretary shall revoke the council's
charter. Upon revocation of a charter,
the council shall surrender all its
government property to the appropriate
OSHA regional official. Any continuing
or future organization in the same
geographical area shall not use the title
Field Federal Safety and Health Council,
or any derivation thereof, unless
formally rechartered by the Secretary.
Notification of revocation of a council's
charter shall be sent to the chairperson,
where identifiable, and to the
appropriate OSHA Regional Office.
? 1960.91 [Reserved]
[FR Doc. 80-22769 Had 10-17-80; &45 am]
BILLING CODE 4510-28-8
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Federal Register
Vol. 45, No. 40
Wednesday, February 27, 1980
Presidential Documents
Title 3- Executive Order 12196 of February 26, 1980
The President Occupational Safety and Health Programs for Federal
Employees
By the authority vested in me as President by the Constitution and statutes of
the United States of America, including Section 7902(c) of Title 5 of the United
States Code and in accord with Section 19 of the Occupational Safety and
Health Act of 1970, as amended (29 U.S.C. 668), it is ordered:
1-1. Scope of this Order.
1-101. This order applies to all agencies of the Executive Branch except
military personnel and uniquely military equipment, systems, and operations.
1-102. 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 Federal government, other than those of the judicial and legislative
branches. Since section 19 of the Occupational Safety and Health Act ("the
Act") covers all Federal employees, however, the Secretary of Labor ("the
Secretary") shall cooperate and consult with the heads of agencies in the
legislative and judicial branches of the government to help them adopt safety
and health programs.
1-2. Heads of Agencies.
1-201. The head of each agency shall:
(a) Furnish to employees places and conditions of employment that are free
from recognized hazards that are causing or are likely to cause death or
serious physical harm.
(b) Operate an occupational safety and health program in accordance with the
requirements of this order and basic program elements promulgated by the
Secretary.
(c) Designate an agency official with sufficient authority to represent the
interest and support of the agency head to be responsible for the management
and administration of the agency occupational safety and health program.
(d) Comply with all standards issued under section 6 of the Act, except where
the Secretary approves compliance with alternative standards. When an
agency head determines it necessary to apply a different standard, that
agency head shall, after consultation with appropriate occupational safety and
health committees where established, notify the Secretary and provide justifi-
cation that equivalent or greater protection will be assured by the alternate
standard.
(e) Assure prompt abatement of unsafe or unhealthy working conditions.
Whenever an agency cannot promptly abate such conditions, it'shall develop
an abatement plan setting forth a timetable for abatement and a summary of
interim steps to protect employees. Employees exposed to the conditions shall
be informed of the provisions of the plan. When a hazard cannot be abated
without assistance of the General Services Administration or other Federal
lessor agency, an agency shall act with the lessor agency to secure abatement.
(f) Establish procedures to assure that no employee is subject to restraint,
interference, coercion, discrimination or reprisal for filing a report of an unsafe
or unhealthy working condition, or other participation in agency occupational
safety and health program activities.
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12770 Federal Register / Vol. 45. No. 40 / Wednesday, February 27, 1980 / Presidential Documents
(g) Assure that periodic inspections of all agency workplaces are performed
by personnel with equipment and competence to recognize hazards.
(h) Assure response to employee reports of hazardous conditions and require
inspections within twenty-four hours for imminent dangers, three working
days for potential serious conditions, and twenty working days for other
conditions. Assure the right to anonymity of those making the reports.
(i) Assure that employee representatives accompany inspections of agency
workplaces.
(j) Operate an occupational safety and health management information
system, which shall include the maintenance of such records as the Secretary
may require.
(k) Provide safety and health training for supervisory employees, employees
responsible for conducting occupational safety and health inspections, all
members of occupational safety and health committees where established,
and other employees.
(1) Submit to the Secretary an annual report on the agency occupational safety
and health program that includes information the Secretary prescribes.
1-3. Occupational Scfet i' and Health Committees.
1-301. Agency heads may establish occupational safety and health commit-
tees. If committees are established, they shall be established at both the
national level and, for age-Jes with field or regional offices, other appropriate
levels. The committees shall be composed of representatives of management
and an equal number of nonmanagement employees or their representatives.
Where there are exclusive bargaining representatives for employees at the
national or other level in an agency, such representatives shall select the
appropriate nonmanagement members of the committee.
1-302. The committees shall, except where prohibited by law,
(a) Have access to agency information relevant to their duties, including
information on the nature and hazardousness of substances in agency wsork-
places.
(b) Monitor performance, including agency inspections, of the agency safety
and health programs at the level they are established.
(c) Consult and advise the agency on the operation of the program.
1-303. A Committee may request the Secretary of Labor to conduct an
evaluation or inspection pursuant to this order if half of a Committee is not
substantially satisfied with an agency's response to a report of hazardous
working conditions.
1-4. Department of Labor.
1-401. The Secretary of Labor shall:
(a) Provide leadership and guidance to the heads of agencies to assist them
with their occupational safety and health responsibilities.
(b) Maintain liaison with the Office of Management and Budget in matters
relating to this order and coordinate the activities of the Department with
those of other agencies that have' responsibilities or functions related to
Federal employee safety and health, including the Office of Personnel Man-
agement, the Department of Health, Education, and Welfare, and the General
Services Administration,
(c) Issue, subject to the approval of the Director of the Office of Management
and Budget, and in consultation with the Federal Advisory Council on Occu-
pational Safety and Health, a set of basic program elements. The program
elements shall help agency heads establish occupational safety and health
committees and operate effective occupational safety and health progranms.
and shall provide flexibility to each agency head to implement a program
consistent with its mission, size and organization. Upon request of an agency
head, and after consultation with the Federal Advisory Council on Oc:cupa-
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Federal Register / Vol. 45, No. 40 / Wednesday, February 27, 1980 / Presidential Documents 12771
tional Safety and Health, the Secretary may approve alternate program ele-
ments.
(d) Prescribe recordkeeping and reporting requirements.
(e) Assist agencies by providing training materials, and by conducting training
programs upon request and with reimbursement.
(f) Facilitate the exchange of ideas and information throughout the govern-
ment about occupational safety and health.
(g) Provide technical services to agencies upon request, where the Secretary
deems necessary, and with reimbursement. These services may include stud-
ies of accidents, causes of injury and illness, identification of unsafe and
unhealthful working conditions, and means to abate hazards.
(h) Evaluate the occupational safety and health programs of agencies and
promptly submit reports to the agency heads. The evaluations shall be con-
ducted through such scheduled headquarters or field reviews, studies or
inspections as the Secretary deems necessary, at least annually for the larger
or more hazardous agencies or operations, and as the Secretary deems
appropriate for the smaller or less hazardous agencies.
(i) Conduct unannounced inspections of agency workplaces when the Secre-
tary determines necessary if an agency does not have occupational safety and
health committees; or in response to reports of unsafe or unhealthful working
conditions, upon request of occupational safety and health committees under
Section 1-3; or, in the case of a report of an imminent danger, when such a
committee has not responded to an employee who has alleged to it that the
agency has not adequately responded to a report as required in 1-201 (h).
When the Secretary or his designee performs an inspection and discovers
unsafe or unhealthy conditions, a violation of any provisions of this order, or
any safety or health standards adopted by an agency pursuant to this order, or
any program element approved by the Secretary, he shall promptly issue a
report to the head of the agency and to the appropriate occupational safety
and health committee, if any. The report shall describe the nature of the
findings and may make recommendations for correcting the violation.
(j) Submit to the President each year a summary report of the status of the
occupational safety and health of Federal employees, and, together with
agency responses, evaluations of individual agency progress and problems in
correcting unsafe and unhealthful working conditions, and recommendations
for improving their performance.
(k) Submit to the President unresolved disagreements between the Secretary
and agency heads, with recommendations.
(1) Enter into agreements or other arrangements as necessary or appropriate
with the National Institute for Occupational Safety and Health and delegate to
it the inspection and investigation authority provided under this section.
1-5. The Federal Advisory Council on Occupational Safety and Health.
1-501. The Federal Advisory Council on Occupational Safety and Health,
established pursuant to Executive Order No. 11612, is continued. It shall
advise the Secretary in carrying out responsibilities under this order. The
Council shall consist of sixteen members appointed by the Secretary, of whom
eight shall be representatives of Federal agencies and eight shall be repre-
sentatives of labor organizations representing Federal employees. The mem-
bers shall serve three-year terms with the terms of five or six members
expiring each year, provided this Council is renewed every two years in
accordance with the Federal Advisory Committee Act. The members currently
serving on the Council shall be deemed to be its initial members under this
order and their terms shall expire in accordance with the terms of their
appointment.
1-502. The Secretary, or a designee, shall serve as the Chairman of the
Council, and shall prescribe rules for the conduct of its business.
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12772 Federal Register / Vol. 45, No. 40 / Wednesday, February 27, 1980 / Presidential Documents
1-503. The Secretary shall make available necessary office space and furnish
the Council necessary equipment, supplies, and staff services, and 11111111
perform such functions with respect to the Council as may be required by the
Federal Advisory Committee Act, as amended (5 U.S.C. App. I).
1-6. General Services Administration.
1-601. Within six months of the effective date of this order the Secretary of
Labor and the Administrator of the General Services Administration shall
initiate a study of conflicts that may exist in their standards and other
requirements affecting Federal employee safety and health, and shall establish
a procedure for resolving conflicting standards for space leased by the
General Services Administration.
1-602. In order to assist the agencies in carrying out their duties under Section
19 of the Act and this order the Administrator shall:
(a) Upon request, require personnel of the General Services Administration to
accompany the Secretary or an agency head on any inspection or investiga-
tion conducted pursuant to this order of a facility subject to the authority of
the General Services Administration.
(b) Assure prompt attention to reports from agencies of unsafe or unhealthy
conditions of facilities subject to the authority of the General Services Admin-
istration; where abatement cannot be promptly effected, submit to the agency
head a timetable for action to correct the conditions; and give priority in the
allocation of resources available to-the Administrator for prompt abatement of
the conditions.
(c) Procure and provide safe supplies, devices, and equipment, and establish
and maintain a product safety program for those supplies, devices, equipment
and services furnished to agencies, including the issuance of Material Safety
Data Sheets when hazardous substances are furnished them.
1-7. General Provisions.
1-701. Employees shall be authorized official time to participate in the activi-
ties provided for by this order.
1-702. Nothing in this order shall be construed to impair or alter the pokers
and duties of the Secretary or heads of other Federal agencies pursuant to
Section 19 of the Occupational Safety and Health Act of 1970, Chapter 71 of
Title 5 of the United States Code, Sections 7901, 7902, and 7903 of Title 5 of the
United States Code, nor shall it be construed to alter any other provisions of
law or Executive Order providing for collective bargaining agreements and
related procedures, or affect the responsibilities of the Director of Central
Intelligence to protect intelligence sources and methods (50 U.S.C. 403(d)(3)).
1-703. Executive Order No. 11807 of September 28. 1974, is revoked.
1-704. This order is effective July 1, 1980.
THE WHITE HOUSE,
February 26. 1980.
IFR Doc 80-6130
Filed 2?-80 11 39 amt
Sling code 3195-01-M
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THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Public Law 91-596
91st Congress, S. 2193
December 29, 1970
.3D.att
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 House of Representatives of the
united States of America in Congress assembled, That this Act may
be cited as the "Occupational Safety and Health Act of 1970".
FEDERAU. .UiE\CY SAFETY PROGRAMS AND RESPONSIBILITIES
Six. 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 safe land healthful places and conditions of employ-
ment, consistent with the standards set under section 6;
(2) acquire, maintain, and require the use of safety equipment,
personal protective equipment, and devices reasonably necessary
to protect employees;
(3) 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 form 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 ates Code.
(b) The Secretary shall report to the President a summary or digest
of reports 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
by 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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