Part 1960 - Basic Program Elements for Federal Employee ... · Part 1960-Basic Program Elements for Federal Employee OSH Programs and Related Matters U.S. Department of Labor William

Part 1960-Basic Program Elements forFederal Employee OSH Programs andRelated MattersU.S. Department of LaborWilliam E. Brock, Secretary

Occupational Safety and Health AdministrationJohn A. Pendergrass, Assistant Secretary1987

Public Law 91-59691st Congress. S. 2193

December 29, 1970

To assure safe and healthful working conditions for working men and women; by authorizingenforcement of the standards developed under the Act; by assisting and encouraging theStates in their efforts to assure safe and healthful working conditions; by providing forresearch. information, education. and training in the field of occupational safety andhealth; and for ofher purposes.

Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled, That this Act may be cited as the “OccupationalSafety an! Health Act of 1970”.

FEDERAL AGENCY SAFETY PROGRAMS AND RE2ONSIBILITlES

SEC. 19. (a) 11 shall be the responsibility of the head of each Federal agency toestablish and maintain an effective and comprehensive occupational safety andhealth program which is consistent with the standards promulgated under section 6.The head of each agency shall (after consultation with represenratives of theemployees thereof) -

(I) provide safe and healthful places and conditions of employment.consistent with the standards set under section 6;

(2) acquire, maintain, and require the use of safety equipment, personalprotective equipment, and devices reasonably necessary to protect employees;

(3) keep adequate records of all occupational accidents and illnesses forproper evaluation and necessary corrective action;

(4) consult with the Secretary with regard to the adequacy as to form andcontent of records kept pursuant to subsection (a) (3) of this section; and

(5) make an annual report to the Secretary with respect to occupationalaccidents and injuries and the agency’s program under this section. Suchreport shall include any report submitted under section 7902(e) (2) of title 5,United States Code.

(b) The Secretary shall rep011 to the President a suinmary or digest of reportssubmitted to him under subsection (a) (5) of this section, together with hisevaluations of and recommendations derived from such reports. The President shalltransmit annually to the Senate and the House of Representatives a report of theactivities of Federal agencies under this section.

(c) Section 7902(c) (1) of title 5, United States Code, is amended by insertingafter “agencies” the following: “and of labor organizations representingemployees**.

(d) The Secretary shall have access to records and reports kept and filed byFederal agencies pursuant to subsections (a) (3) and (5) of this section unless thoserecords and reports are specifically required by Executive order to be kept secret inthe interest of the national defense or foreign policy, in which case the Secretaryshall have access to such information as will not jeopardize national defense orforeign policy.

i i i

Presidential DocumentsExecutive Order 12196 of February 26, 1980Occupational Safety and Health Programs forFederal Employees

By the authority vested in me as President by the Constitution and statutesof the United States of America, including Section 7905(c) of Title 5 of theUnited States Code and in accord with Section 19 of the OccupationalSafety and Health Act of 1970, as amended (29 U.S.C. 668), it is ordered:

1-l. Scope of this Order.

l-101. This order applies to all agencies of the Executive Branch exceptmilitary personnel and uniquely military equipment, systems, andoperations.

l-102. For the purposes of this order, the term “agency” means anExecutive department, as defined in 5 U.S.C. 101, or any employing unitor authority of the Federal government, other than those of the judicial andlegislative branches. Since section 19 of the Occupational Safety andHealth Act (“the Act”) covers all Federal employees, however, theSecretary of Labor (“the Secretary”) shall cooperate and consult with theheads of agencies in the legislative and judicial branches of the governmentto help them adopt safety and health programs.

1-2. Heads of Agencies.

l-201. The head of each agency shall:

(a) Furnish to employees places and conditions of employment that arefree from recognized hazards that are causing or are likely to cause death orserious physical harm.

(b) Operate an occupational safety and health program in accordance withthe requirements of this order and basic program elements promulgated bythe 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 andhealth program.

(d) Comply with all standards issued under section 6 of the Act, exceptwhere the Secretary approves compliance with alternative standards. Whenan agency head determines it necessary to apply a different standard, thatagency head shall, after consultation with appropriate occupational safetyand health committees where established, notify the Secretary and providejustification that equivalent or greater protection will be assured by thealternate standard.

(e) Assure prompt abatement of unsafe or unhealthy working condition.Whenever an agency cannot promptly abate such conditions, it shall

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develop an abatement plan setting forth a timetable for abatement and asummary of interim steps to protect employees. Employees exposed to theconditions shall be informed of the provisions of the plan. When a hazardcannot be abated without assistance of the General Se&ices Administrationor other Federal lessor agency, an agency shall act with the lessor agencyto secure abatement.

(f) Establish procedures to assure that no employee is subject to restraint,interference, coercion, discrimination or reprisal for filing a report of anunsafe or unhealthy working condition, or other participation in agencyoccupational safety and health program activities.

(g) Assure that periodic inspections of all agency workplaces areperformed by personnel with equipment and competence to recognizehazards.

(h) Assure response to employee reports of hazardous conditions andrequire inspections within twenty-four hours for imminent dangers, threeworking days for potential serious conditions, and twenty working days forother conditions. Assure the right to anonymity of those making thereports.

(i) Assure that employee representatives accompany inspections of agencyworkplaces.

(j) Operate an occupational safety and health management informationsystem, which shall include the maintenance of such records as theSecretary may require.

(k) Provide safety and health training for supervisory employees,employees responsible for conducting occupational safety and healthinspections, all members of occupational safety and health committeeswhere established, and other employees.

(1) Submit to the SeEretaxy an annual report on the agency occupationalsafety and health program that includes information the Secretaryprescribes.

1-3. Occupational Safety and Health Committees.

l-301. Agency heads may establish occupational safety and healthcommittees. If committees are established, they shall be established at boththe national level and, for agencies with field or regional offices, otherappropriate levels. The committees shall be composed of representatives ofmanagement and an equal number of nonmanagement employees or theirrepresentatives. Where there are exclusive bargaining representatives foremployees at the nationaf or other level in an agency, such representativesshall select the appropriate nonmanagement members of the committee.

I-302. The committees shall, except where prohibited by law,

(a) Have access to agency information relevant to their duties, includinginformation on the nature and hazardousness of substances in agencyworkplaces.

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(b) Monitor performance, including agency inspections, of the agencysafety and health programs at the level they are established.

(c) Consult and advise the agency on the operation of the program.

I-303. A Committee. may request the Secretary of Labor to conduct anevaluation ‘or inspection pursuant to this order if half of a Committee is notsubstantially satisfied with an agency’s response to a report of hazardousworking conditions.

l-4. Department of Labor.

l-401. The Secretary of Labor shall:

(a) Provide leadership and guidance to the heads of agencies to assist themwith their occupational safety and health responsibilities.

(b) Maintain liaison with the Office of Management and Budget in mattersrelating to this order and coordinate the activities of the Department withthose of other agencies that have responsibilities or functions related toFederal employee safety and health, including the Office of PersonnelManagement, the Department of Health, Education, and Welfare, and theGeneral Services Administration.

(c) Issue, subject to the approval of the Director of the Office ofManagement and Budget, and in consultation with the Federal AdvisoryCouncil on Occupational Safety and Health, a set of basic programelements. The program elements shall help agency heads establishoccupational safety and health committees and operate effectiveoccupational safety and health programs, and shall provide flexibility toeach agency head to implement a program consistent with its mission, sizeand organization. Upon request of an agency head, and after consultationwith the Federal Advisory Council on Occupational Safety and Health, theSecretary may approve alternate program elements.

(d) Prescribe recordkeeping and reporting requirements.

(e) Assist agencies by providing training materials, and by conductingtraining programs upon request and with reimbursement.

(f) Facilitate the exchange of ideas and information throughout thegovernment about occupational safety and health.

(g) Provide technical services to agencies upon request, where theSecretary deems necessary, and with reimbursement. These services mayinclude studies of accidents, causes of injury and illness, identification ofunsafe and unhealthful working conditions, and means to abate hazards.

(h) Evaluate the occupational safety and health programs of agencies andpromptly submit reports to the agency heads. The evaluations shall beconducted through such scheduled headquarters or field reviews, studies orinspections as the Secretary deems necessary, at least annually for thelarger or .more hazardous agencies or operations, and as the Secretarydeems appropriate for the smaller or less hazardous- agencies.

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(i) Conduct unannounced inspections of agency workplaces when theSecretary determines necessary if an agency does not have occupationalsafety and health committees; or in response to reports of unsafe orunhealthful working conditions, upon request of occupational safety andhealth committees under Section l-3; or, in the case of a report of animminent danger, when such a committee has not responded to anemployee who has alleged to it that the agency has not adequatelyresponded to a report as required in l-201 (h). When the Secretary or hisdesignee performs an inspection and discovers unsafe or unhealthyconditions, a violation of any provisions of this order, or any safety orhealth standards adopted by an agency pursuant to this order, or anyprogram element approved by the Secretary, he shall promptly issue areport to the head of the agency and to the appropriate occupational safetyand health committee, if any. The report shall describe the nature of thefindings and may make recommendations for correcting the violation.

(j) Submit to the President each year a summary report of the status of theoccupational safety and health of Federal employees, and, together withagency responses, evaluations of individual agency progress and problemsin correcting unsafe and unhealthful working conditions, andrecommendations for improving their performance.

(k) Submit to the President unresolved disagreements between theSecretary and agency heads, with recommendations.

(1) Enter into agreements or other arrangements as necessary orappropriate with the National Institute for Occupational Safety and H’ealthand delegate to it the inspection and investigation authority provided underthis section.

l-5. The Federal Advisory Council on Occupational Safety and Health.

l-501. The Federal Advisory Council on Occupational Safety and Health,established pursuant to Executive Order No. 11612, is continued. It shalladvise the Secretary in carrying out responsibilities under this order. TheCouncil shall consist of sixteen members appointed by the Secretary, ofwhom eight shall be representatives of Federal agencies and eight shall berepresentatives of labor organizations representing Federal employees. Themembers shall serve three-year terms with the terms of five or six membersexpiring each year, provided this Council is renewed every two years inaccordance with the Federal Advisory Committee Act. The memberscurrently serving on the Council shall be deemed to be its initial membersunder this order and their terms shall expire in accordance with the terms oftheir appointment.

l-502. The Secretary, or a designee, shall serve as the Chairman of theCouncil, and shall prescribe rules for the conduct of its business.l-503. The Secretary shall make available necessary office space andfurnish the Council necessary equipment, supplies, and staff services, andshall perform such functions with respect to the Council as may be requiredby the Federal Advisory Committee Act as amended (5 U.S.C. App. I).

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l-6. General Services Administration.

l-601. Within six months of the effective date of this order the Secretaryof Labor and the Administrator of the General Services Administrationshall initiate a study of conflicts that may exist in their standards and otherrequirements affecting Federal employee safety and health, and shall 4establish a procedure for resolving conflicting standards for space leased bythe General Services Administration.

l-602. In order to assist the agencies in carrying out their duties underSection 19 of the Act and this order the Administrator shall:

(a) Upon request, require personnel of the General ServicesAdministration to accompany the Secretary or an agency head on anyinspection or investigation conducted pursuant to this order of a facilitysubject to the authority of the General Services Administration.

(b) Assure prompt attention to reports from agencies of unsafe orunhealthy conditions of facilities subject to the authority of the GeneralServices Administration; 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 theAdministrator for prompt abatement of the conditions.

(c) Procure and provide safe supplies, devices, and equipment, andestablish and maintain a product safety program for those supplies,devices, equipment and services furnished to agencies, including theissuance of Material Safety Data Sheets when hazardous, substances arefurnished them.

l-7. General Provisions.

l-701. Employees shall be authorized official time to participate in theactivities provided for by this order.

l-702. Nothing in this order shall be construed to impair or alter thepowers and duties of the Secretary or heads of other Federal agenciespursuant to Section 19 of the Occupational Safety and Health Act of 1970,Chapter 7 1 of Title 5 of the United States Code, Sections 7901, 7902, and7903 of Title 5 of the United States Code, nor shall it be construed to alterany other provisions of law or Executive Order providing for collectivebargaining agreements and related procedures, or affect the responsibilitiesof the Director of Central Intelligence to protect intelligence sources andmethods (50 U.S.C. 403(d) (3)).

l-703. Executive Order No. 11807 of September 28, 1974, is revoked.

l-704. This order is effective July 1, 1980.

THE WHITE HOUSE,February 26, 1980.

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OCCUPATIONAL SAFETY AND HEALTH

PART 1960

BASIC PROGRAM ELEMENTS FOR FEDERAL EMPLOYEEOCCUPATIONAL SAFETY AND HEALTH PROGRAMS

AND ‘RELATED MATTERS

SUBPART A-GENERAL

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.1960.20-1960.24 [Reserved]

SUBPART D-iNSPECTION AND ABATEMENT

1960.25 Qualifications of safety and health inspectors and agencyinspections.

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 ANDOTHER FEDERAL AGENCIES

1960.34 General provisions.1960.35 National Institute for Occupational Safety and Health.

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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.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.1960.61-1960.65 @eserved]

SUBPART I-RECORDKEEPING AND REPORTINGREQUIREMENTS

1960.66 Purpose, scope and general provisions.1960.67 Record of log of occupational injuries and illnesses.1960.68 Supplementary record of occupational in juries and illnesses.1960.69 Annual Summaries of Federal Occupational Injuries and Illnesses.1960.70 Reporting of serious accidents.1960.71 Location and ultilization of records and reports.1960.72 Access to records by Secretary.1960.73 Retention of records.1960.74 Agency annual reports.1960.75-1960.77 [Reserved].

SUBPART J-EVALUATION OF FEDERAL OCCUPATIONALSAFETY 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.

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OCCUPATIONAL SAFETY AND HEALTH- - _ _ _ -

1960.86 Establishing councils.1960.87 Objectives.1960.88 Membership and participation.1960.89 Organization.1960.90 Operating procedure.1960.91 [Reserved]

AUTHORITY: Sets. 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 26059); E.O. 12196.

SOURCE: The provisions of this part 1960 at 45appear F.R. 69796, Oct. 21. 1980 as amended at 49F.R. 3077. *Jan. 2.5, 1984 unless otherwise noted.

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196&l(a) OCCUPATIONAL SAFETY AND HEALTH

SUBPART A-GENERAL1960.1 -f’URPOSE AND SCOPE

(a) Section 19 of the Occupational Safety andHealth Act (the Act) contains special provisionsto assure safe and healthful working conditionsfor Federal employees. Under that section, it isthe responsibility of the head of each Federalagency to establish and maintain an effective andcomprehensive occupational safety and healthprogram which is consistent with the standardspromulgated under section 6 of the Act. TheSecretary of Labor (the Secretary), under section19, is to report to the President certain evalua-tions and recommendations with respect to theprograms of the various agencies, and the dutieswhich section 24 of the Act imposes on the Secre-tary of Labor necessarily extend to the collection,compilation and analysis of occupational safetyand health statistics from the Federal Govern-ment. The role of the General Services Admin-istration in this area stems from its duties as theGovernment’s principal landlord and from itsspecific safety and health responsibilities under41 CFR Part 101, Subchapter D, Federal Prop-erty Management Regulations.

(b) Executive Order 12196, Occupational Safetyand Health Programs for Federal Employees,issued February 26, 1980, prescribes additionalresponsibilities for the heads of agencies, theSecretary, and the General Services Adminis-trator. Among other duties, the Secretary isrequired to issue basic program elements inaccordance with which the heads of agencies shalloperate their safety and health programs. Thepurpose of this part is to issue these basic pro-gram elements. Although agency heads are re-quired to operate a program in accordance withthe basic program elements, those elements con-tain numerous provisions which, by their terms,permit agency heads the flexibility necessary toimplement their programs in a manner consistentwith their respective missions, sizes, and orga-nizations. Moreover, an agency head, afterconsultation with agency employees or theirrepresentatives and with appropriate safety andhealth committees may request the Secretary toconsider approval of alternate program elements;the Secretary, after consultation with theFederal Advisory Council on Occupational Safetyand Health, may approve such alternate programelements.

1960.1(f) 4

(c) Under Executive Order 12196, the Secretaryis required to perform various services for theagencies, including consultation, training, rec-ordkeeping, inspections, and evaluations. Agen-cies are encouraged to seek such assistance fromthe Secretary as well as advice on how to complywith the basic program elements and operateeffective occupational safety and health pro-grams. Upon the request of an Agency, the Officeof Federal Agency Safety and Health Programswill review proposed agency plans for the imple-mentation of program elements.

(d) Section 19 of the Act and the ExecutiveOrder require specific opportunities for employeeparticipation in the operation of agency safetyand health programs. The manner of fulfillingthese requirements is set forth in part in theseprogram elements. These requirements are sepa-rate from but consistent with the Federal ServiceLabor Management Relations Statute (5 U.S.C.71) and regulations dealing with labor-manage-ment relations within the Federal Government.

(e) Executive Order 12196 and these basic pro-gram elements apply to all agencies of the Execu-tive Branch. They apply to all Federal employees.They apply to all working conditions of Federalemployees except those involving uniquely mili-tary equipment, systems, and operations.

(f) The Executive Order and this part do not ap-ply to employees or working conditions ofemployees of private contractors performingwork under government contracts, regardless ofwhether such privately employed workers per-form their duties in government owned or leasedfacilities with government equipment or togetherwith government personnel . Protect ion ofemployees of private contractors is assuredunder the other provisions of the Act, not underSection 19. No provision of the Executive Orderor this part shall be construed in any manner torelieve any private employer. including Federalcontractors, or their employees of any rights orresponsibilities under the provisions of the Act,including compliance activities conducted by theDepartment of Labor or other appropriateauthority.

OCCUPATIONAL SAFETY AND HEALTH 196p.lb)

(g) Federal employees who work in establishing conditions for his/her employees. This shallments of private employers are covered by theiragencies’ occupational safety and health pro-

be accomplished by administrative controls, per-sonal protective equipment, or withdrawal of

grams. Although an agency may not have theauthority to require abatement of hazardousconditions in a private sector workplace, theagency head must assure safe and healthful work-

Federal employees from the private sector facil-ity to the extent necessary to assure that theemployees are protected.

1960.‘2-Definitions

(a) The term “Act” means the OccupationalSafety and Health Act of 1970 (84 Stat. 1590 etseq., 29 U.S.C. 651 et seq.).

(b) The term “agency” for the purposes of thispart means an Executive Department, as definedin 5 U.S.C. 101, or any employing unit or author-ity of the Executive Branch of the Government.For the purposes of this part to the extent it im-plements section 19 of the Act, the term “agency”includes the United States Postal Service. Byagreement between the Secretary of Labor andthe head of an agency of the Legislative or Judi-cial Branches of the Government, these regu-lations may be applicable to such agencies.

(c) The term “agency liaison” means an agencyperson appointed with full authority and respon-sibility to represent’ the occupant agency man-agement with the official in charge of a facility.orinstallation such as a GSA Building Manager.

(d) The term “building manager” means the per-son who manages one or several buildings underthe authority of a Federal agency. For example, abuilding manager may be the GSA person whomanages building(s) for GSA.

(e) As used in Executive Order 12196, the term“consul ta t ion wi th representa t ives of theemployees thereof” shall include such consulta-tion, conference, or negotiation with represent-atives of agency employees as is consistent withthe Federal Service Labor Management Rela-tions Statute (5 U.S.C. 71), or collective bargain-ing or other labor-management arrangements. Asused in this part, the term “representative ofemployees” shall be interpreted with due regardfor any obligation imposed by the aforementionedstatute and any other labor-management ar-rangement that may cover the employeesinvolved.

(f) The term “Designated Agency Safety andHealth Official” means the individual who isresponsible for the management of the safety andhealth program within an agency, and is so des-ignated or appointed by the head of the agencypursuant to 4 1960.6 and the provisions of Exec-utive Order 12196.

(g) The term “employee” as used in this part’means any person, other than members of theArmed Forces, employed or otherwise suffered,permitted, or required to work by an “agency” asthe latter term is defined in paragraph (b) of thissection.

(h) The term “establishment” means a singlephysical location where business is conducted orwhere services or operations are performed.Where distinctly separate activities are per-formed at a single physical location, each activityshall be treated as a separate “establishment.”Typically, an “establishment” as used in this partrefers to a field activity, regional office, area of-fice, installation, or facility.

( i ) The term “uniquely military equipment,systems, and operations” excludes from the scopeof the order the design of Department of Defenseequipment and systems that are unique to the na-tional defense mission, such as military aircraft,ships, submarines, missiles, and missile sites,early warning systems, military space systems,artillery, tanks, and tactical vehicles; and ex-cludes operations that are uniquely military suchas field maneuvers, naval operations, militaryflight operation, associated research test anddevelopment activities, and actions requiredunder emergency conditions. The term includeswithin the scope of the Order Department ofDefense workplaces and operations comparableto those of industry in the private sector such as:Vessel, aircraft, and vehicle repair, overhaul, and

5 1969.2(i)

1960.2(i) OCCUPATIONAL SAFETY AND HEALTH

modification (except for equipment trials); con-struction; supply services; civil engineering orpublic works; medical services; and office work.

(j) The term “incidence rates” means the numberof injuries and illnesses, or lost workdays, per100 full-time workers. Rates are calculated as

Nx200,OOOE H

N=number of injuries and illnesses, or numberof lost workdays.

EH=total hours worked by all employees duringa month, a quarter, or fiscal year.

2OO,OOO=base for 100 full-time equivalent work-ers (working 40 hours per week, 50 weeksper year).

(io The term “inspection” means a comprehen-sive survey of all or part of a workplace in orderto detect safety and health hazards. Inspectionsare normally performed during the regular workhours of the agency, except as special circum-stances may require. Inspections do not includeroutine, day-to-day visits by agency occupationalsafety and health personnel, or routine workplacesurveillance of occupational health conditions.

( I ) C a t e g o r i e s o f i n j u r i e s / i l l n e s s e s /f a t a l i t i e s -

(1) Injury (Traumatic). A wound or other condi-tion of the body caused by external force, in-cluding stress or strain. The injury is identitia-ble as to time and place of occurrence andmember or function of the body affected, and iscaused by a specific event or incident or seriesof events or incidents within a single day orwork shift.

(2) IllinesdDirease (Occupational). A physiolog-ical harm or loss of capacity produced by sys-temic infection; continued or repeated stress orstrain; exposure to toxins, poisons, fumes, etc.;or other continued and repeated exposures toconditions of the work environment over a longperiod of time. For practical purposes, an occu-pational illness/disease is any reported conditionwhich does not meet the definition of injury( t r a u m a t i c ) .

(3) Fatality. Death resulting from an injury(traumatic) or illness/disease (occupational).

(4) lost Time Case. A nonfatal injury (traumatic)that causes disability for work beyond the dayor shift if occurred; or a nonfatal illness/disease(occupational) that causes disability at any time.

(5) No-lost Time Case. A nonfatal injury (trau-matic) or illness/disease (occupational) that doesnot meet the definition of Lost Time Case.

(6) Catastrophe. An accident resulting in five ormore agency and/or nonagency people beinghospitalized for inpatient care.

(m) The term “representative of management”means a supervisor or management official asdefined in the applicable labor-management rela-tions program covering the affected employees.

(n)-(p) [Reversed]

(q) The term “Safety and Health Inspector”means a safety and/or occupational health spe-cialist or other person authorized pursuant toExecutive Order 12196, section 1-201(g), to carryout inspections for the purpose of Subpart D ofthis part, a person having equipment and compe-tence to recognize safety and/or health hazardsin the workplace.

(r) The term “Safety and Health Official” meansan individual who manages the occupational safe-ty and/or organizational health program at or-ganizational levels below the Designated AgencySafety and Health Official.

(s) The term “Safety and Health Specialist” meansa person or persons meeting the Office of Person-nel Management standards for such occupations,which include but are not limited to:

Safety and Occupational Health Manager/Specialist GS-018

Safety Engineer GS-803Fire Prevention Engineer GS-804Industrial Hygienist GS-690Fire Protection and Prevention Specialist/Marshal

GS-081Health Physicist GS-1306Occupational Medicine Physician GS-602Occupational Health Nurse GS-610Safety Technician GS-019Physical Science Technician GS-1311Environmental Health Technician GS-699

1960.2(s) 6

OCCUPATIONAL SAFETY AND HEALTH 1960.2(a)

Air Safety Investigation Officer GS-1815Aviation Safety Specialist GS-1825Chemist GS-1320Health Technician GS-645Highway Safety Manager GS-2125

or equal ly qual i f ied mil i tary, agency, ornongovernment personnel. The agency head shallbe responsible for determination and certificationof equally qualified personnel.

(t) The term “workplace” means a physical loca-tion where the agency’s work or operations areperformed.

(u) The term “imminent danger” means any con-ditions or practices in any workplace which aresuch that a danger exists which could reasonablybe expected to cause death or serious physicalharm immediately or before the imminence ofsuch danger can be eliminated through normalprocedures.

(v) The word “serious” as used in “serioushazard,” “ser ious v io la t ion” or “ser iouscondition” means a hazard, violation or conditionsuch that there is a substantial probability thatdeath or serious physical harm could result.

(w) The term “certified safety and health com-mittee” means an agency safety and health com-mittee that meets the provisions of section l-3 ofExecutive Order 12196 and of this part, as listedand attested to by the head of each agency inwriting to the Secretary.

(x) The term “reprisal” as used in this partmeans any act of restraint, interference, coercionor discrimination against an employee for exercis-ing his or her rights under Executive Order 12196and this part, or for participating in the agency’ssafety and health program.

SUBPART B-ADMINISTRATION1960.6-DESIGNATION OF AGENCY SAFETY AND

HEALTH OFFICIALS

(a) The head of each agency shall designate anofficial with sufficient authority and responsibili-ty to represent effectively the interest and sup-port of the agency head in the management andadministration of the agency occupational safetyand health program. This Designated AgencySafety and Health Official should be of the rank ofAssistant Secretary, or of equivalent rank, orequivalent degree of responsibility, and shallhave sufficient headquarters staff with the neces-sary training and experience. The headquartersstaff should report directly to, or have appro-priate access to, the Designated Agency Safetyand Health Official, in order to carry out theresponsibilities under this part.

(b) The Designated Agency Safety and HealthO f f i c i a l s h a l l a s s i s t t h e a g e n c y h e a d i nestablishing:

(1) An agency occupational safety and healthpolicy and program to carry out the provisionsof section 19 of the Act, Executive Order 12196,and this part;

(2) An organization, including provision for thedesignation of safety and health officials at ap-propriate levels, with adequate budgets andstaffs to implement the occupational safety andhealth program at all operational levels;

7 1960.6tbKZ)

1960.6(b)(3) OCCUPATIONAL SAFETY AND HEALTH

(3) A set of procedures that ensures effectiveimplementation of the agency policy and pro-gram as required by section 19 of the Act, Exec-utive Order 12196, and the program elements ofthis part, considering the mission, size, andorganization of the agency;

(6) Priorities with respect to the factors whichcause occupational accidents, injuries, and ill-nesses in the agency’s workplaces so that ap-propriate corrective actions can be taken.

(4) Goals and objectives for reducing and elim- (c) The agency head shall assure that safety andinating occupational accidents, injuries, and ill- health officials are designated at each appro-nesses; priate level with sufficient authority and respon-

sibility to plan for and assure funds for necessary(5) Plans and procedures for evaluating the safety and health staff, equipment, materials, andagency’s occupational safety and health pro training required to ensure implementation of angram effectiveness at all operational levels; and effective occupational safety and health program.

1960.7-FINANCIAL MANAGEMENT

(a) The head of each agency shall ensure that theagency budget submission includes appropriatefinancial and other resources to effectively imple-ment and administer the agency’s occupationalsafety and health program.

(b) The Designated Agency Safety and HealthOfficial, management officials in charge of eachestablishment, safety and health officials at allappropriate levels, and other management offi-cials shall be responsible for planning, requestingresources, implementing, and evaluating theoccupational safety and health program budget inaccordance with the regulations of the Office ofManagement and Budget Circular A-11 (sections13.2(f) and 13.5(f) and other relevant documents.

(c) Appropriate resources for an agency’s occupa-tional safety and health program shall include,but not be limited to:

(1) Sufficient personnel to implement and ad-minister the program at all levels, including

necessary administrative costs such as train-ing, travel, and personal protective equipment;

(2) Abatement of unsafe or unhealthful work-ing conditions related to agency operations orfacilities;

(3) Safety and health sampling, testing, anddiagnostic and analytical tools and equipment,including iaboratory analyses;

(4) Any necessary contracts to identify,analyze, or evaluate unsafe or unhealthfulworking conditions and operations;

(5) Program promotional costs such as publica-tions, posters, or films;

(6) Technical information, documents, books,standards, codes, periodicals, and publications:and

(7) Medical survei l lance programs foremployees.

1960.8-AGENCY RESPONSIBILITIES

(a) The head of each agency shall furnish to each employee employment and a place of employment

1969.8(a) 8


which are free from recognized hazards that arecausing or are likely to cause death or seriousphysical harm.

(b) The head of each agency shall comply with theOccupational Safety and Health Administrationstandards applicable to the agency.

(c) The head of each agency shall develop, imple-ment, and evaluate an occupational safety andhealth program in accordance with the require-ments of section 19 of the Act, Executive Order12196, and the basic program elements pre-scribed in this part, or approved alternate pro-gram elements.

(d) The head of each agency shall acquire, main-tain, and require the use of approved personalprotective equipment, approved safety equip-ment, and other devices necessary to protectemployees.

(e) In order to provide essential specialized ex-pertise, agency heads shall authorize safety andhealth personnel to utilize such expertise fromwhatever source available, including but notlimited to other agencies, professional groups,consultants, universities, labor organizations,and safety and health committees.

1960.9--5upervisory responsibilities

Employees who exercise supervisory functionsshall, to the extent of their authority, furnishemployees employment and a place of employ-ment which are free from recognized hazards thatare causing or are likely to cause death or seriousphysical harm. They shall also comply with the

occupational safety and health standards appli-cable to their agency and with all rules, regula-tions, and orders issued by the head of the agencywith respect to the agency occupational safetyand health program.

1960.1 O-Employee responsibilities and rights

(a) Each employee shall comply with the stand-ards, rules, regulations, and orders issued byhis/her agency in accordance with section 19 ofthe Act, Executive Order 12196, and this partwhich are applicable to his/her own actions andconduct.

(b) Employees shall use safety equipment, per-sonal protective equipment, and other devicesand procedures provided or directed by the agen-cy and necessary for their protection.

(c) Employees shall have the right to report un-safe and unhealthful working conditions to ap-propriate officials.

(d) Employees shall be authorized official time toparticipate in the activities provided for in sec-tion 19 of the Act, Executive Order 12196, thispart, and the agency occupational safety andhealth program.

1960.11 -Evaluation of occupational safety and healthperformance

Each agency head shall ensure that any per- in charge of an establishment, any supervisoryformance evaluation of any management official employee, or other appropriate management of-

9 1960.11

1969.11 OCCUPATIONAL SAFETY AND HEALTH

ficial, measures that employee’s performance inmeeting requirements of the agency occupational

regulations of the Office of Personnel Manage-

safety and health program, consistent with thement or other appropriate authority. The recog-

employee’s assigned responsibilities and author-nition of superior performance in discharging

ity, and taking into consideration any applicablesafety and health responsibilities by an individualor group should be encouraged and noted.

1960.12-Dissemination of occupational safety and healthprogram information

(a) Copies of the Act, Executive Order 12196,program elements published in this part, detailsof the agency’s occupational safety and healthprogram, and applicable safety and health stand-ards shall be made available upon request to em-ployees or employee representatives for review.

@) A copy of the agency’s written occupationalsafety and health program applicable to the es-tablishment shall be made available to eachsupervisor, each occupational safety and healthcommittee member, and to employee representa-tives.

(c) Each agency shall post conspicuously in eachestablishment, and keep posted, a poster inform-ing employees of the provisions of the Act, Exe-cutive Order 12196, and the agency occupationalsafety and health program under this part. TheDepartment of Labor will furnish the core text ofa poster to agencies. Each agency shall add thefollowing items:

(1) Details of the agency’s procedures forresponding to reports by employees of unsafe

or unhealthful working conditions, and to alle-gations of discrimination or reprisal due to par-ticipation in safety and/or health activities;

(2) the location where employees may obtaininformation about the agency’s occupationalsafety and health program, including the fulltext of agency occupational safety and healthstandards, and(3) relevant information about any agencysafety and health committees. Such posters andadditions shall not be altered, defaced, orcovered by other material.

(d) A copy-of the agency’s poster shall be pro-vided to the Secretary. If the agency needs as-sistance and advice on the content and develop-ment of the poster, such shall be requested of theSecretary prior to printing and distribution.

(e) Agency heads shall promote employeeawareness of occupational safety and health mat-ters through their ordinary information channels,such as newsletters, bulletins and handbooks.

1960.13-1960.15 (RESERVED)

SUBPART C--STANDARDS1960.16-COMPLIANCE WITH OSHA STANDARDS

Each agency head shall comply with all occupational safety and health standards issued under

1966.16 10

_..

OCCUPATIONAL SAFETY AND HEALTH 1960.16

section 6 of the Act, or with alternate standardsissued pursuant to this subpart. In complyingwith section 6 standards, an agency may, uponprior notification to the Secretary, prescribe andenforce more stringent permissible exposurelevels or threshold limit values and may requiremore frequent monitoring of exposures withoutrecourse to the approval procedures for alternatestandards described in 0 1960.17. In addition,

after consultation with employees and safety andhealth committees and prior notification to theSecretary, an agency may utilize the latest edi-tion of a reference standard if it is more stringentthan the section 6 standard. After notification,the Secretary may require the use of the approvalprocedures for alternate standards for any of thesituations described in this paragraph.

1960.1 J-ALTERNATE STANDARDS

An agency head may apply an alternate stan-dard where deemed necessary, and shall, afterconsultation with employees or their representa-tives, including appropriate occupational safetyand health committees, notify the Secretary andrequest approval of such alternate standards.

(a) Any request by the head of the agency for analternate standard shall be transmitted to theSecretary.

(b) Any such request for an alternate standardshall not be approved by the Secretary unless itprovides equivalent or greater protection foraffected employees. Any such request shallinclude:

(1) A statement of why the agency cannotcomply with the OSHA standard or wants toadopt an alternate standard:

(2) A description of the alternate standard;

(3) An explanation of how the alternate stan-dard provides equivalent or greater protectionfor the affected employees;

(4) A descr ip t ion of in ter im protect ivemeasures afforded employees until a decision isrendered by the Secretary of Labor; and

(5) A summary of written comments, if any,from interested employees, employee repre-sentatives, and occupational safety and healthcommittees.

1960.18-SUPPLEMENTARY STANDARDS

(a) In addition to complying with emergencytemporary standards issued under section 6 ofthe Act, an agency head shall adopt such emer-gency temporary and .permanent supplementarystandards as necessary and appropriate for appli-cation to working conditions of agency employeesfor which there exists no appropriate OSHA stan-dards. In order to avoid any possible duplicationof effort, the agency head should notify theSecretary of the subject matter of such standardwhen the development of the standard begins.

@) The agency head shall send a copy of the finaldraft of the permanent supplementary standardto the Secretary prior to official adoption by theagency, along with any written comments on thestandard from interested employees, employee

representatives, and occupational safety andhealth committees. If the Secretary finds the per-manent supplementray standard to be adoptedinconsistent with OSHA standards, or inconsist-ent with OSHA enforcement practices under sec-tion 5(a)(l) of the Act, the Secretary shall have 15working days in which to notify the head of theagency of this finding. In such a case, the supple-mentary standard shall not be adopted, but theagency will be afforded an opportunity to resub-mit a revised standard that is designed to provideadequate protection and is consistent withOSHA standards. Upon request of the agencyhead, the Secretary shall offer to the agencytechnical assistance in the development of thesupplemental standard.

11 1966.180

1960.19(a) OCCUPATIONAL SAFETY AND HEALTH

1960.19-OTHER FEDERAL AGENCY STANDARDSAFFECTING OCCUPATIONAL SAFETY AND HEALTH

(a) Where employees of different agenciesengage in joint operations, and/or primarilyreport to work or carry out operations in thesame establishment, the standards adoptedunder 6 1960.17 or 0 1960.18 of the host agencyshall govern.

@) There are situations in which the head of anagency is required to comply with standardsaffecting occupational safety and health issued bya Federal agency other than OSHA. For example,standards issued by the Federal Aviation Admin-istration, the Department of Energy, or the Gen-eral Services Administration may be applicableto certain Federal workplaces. Nothing in this

subpart affects the duty of any agency head tocomply with such standards. In addition, agencyheads should comply with other standards issuedby Federal agencies which deal with hazardousworking conditions, but for which OSHA has nostandards.

(c) Although it is not anticipated that standardsof other Federal agencies will conflict with OSHAstandards, should such conflict occur, the head ofthe agency shall inform the other Federal agencyand the Secretary so that joint efforts to resolvethe issues may be undertaken. However, untilconflicts are resolved, agencies shall comply withthe more protective of the conflicting standards.

1960.20-l 960.24 (RESERVED)

SUBPART D-INSPECTION AND ABATEMENT

1960.25 QUALIFICATIONS OF SAFETY AND HEALTHINSPECTORS AND AGENCY INSPECTIONS

(a) Executive Order 12196 requires that eachagency utilize as inspectors “personnel withequipment and competence to recognize haz-ards.” Inspections shall be conducted by inspec-tors qualified to recognize and evaluate hazardsof the working environment and to suggest gen-eral abatement procedures. Safety and healthspecialists as defined in 8 1960.2(s), with experi-ence and/or up-to-date training in occupationalsafety and health hazard recognition and eval-uation are considered as meeting the qualifica-tions of safety and health inspectors. For thoseworking environments where there are less com-plex hazards, such safety and health specializa-tions as cited above may not be required, butinspectors in such environments shall have suffi-cient documented training and/or experience inthe safety and health hazards of the workplace in-

volved to recognize and evaluate those particularhazards and to suggest general abatement proce-dures. All inspection personnel must be providedthe equipment necessary to conduct a thoroughinspection of the workplace involved.

(h) Each agency which has workplaces contain-ing information classified in the interest of na-tional security shall provide access to safety andhealth inspectors who have obtained the appro-priate security clearance.

(c) All areas and operations of each workplace,including office operations, shall be inspected atleast annually. More frequent inspections shall beconducted in all workplaces where there is an in-creased risk of accident, injury, or illness due tothe nature of the work performed. Sufficient un-

1960.25(c) 12

OCCUPATIONAL SAFETY AND HEALTH 1960.25(c)- ___-.--~ _ _ ._--_ -

announced inspections and unannounced follow- (d) When situations arise involving multipleup inspections should be conducted by the agency agencies’ responsibilities for conditions affectingto ensure the identification and abatement of employee safety and health, coordination of in-hazardous conditions. spection functions is encouraged.

1960.26<ONDUCT OF INSPECTIONS

(a) Preparation.

(1) Prior to commencement of the inspection,the Safety and Health Inspector shall be pro-vided all available relevant information whichpertains to the occupational safety and healthof the workplace to be inspected, includingsafety and health hazard reports, injury andillness records, previous inspection reports,and reports of unsafe and unhealthful workingconditions.

(2) The Safety and Health Inspector shalldetermine in advance, where possible, the ac-tual work procedures and conditions to be in-spected, in order to have the proper equipmentavailable to conduct an effective inspection.

(b) Inspection.

(1) For the purpose of assuring safe andhealthful working conditions for employees ofagencies, the head of the agency shall authorizesafety and/or health inspectors: To enter with-out delay, and at reasonable times, any build-ing, installation, facility, construction site, orother area, workplace, or environment wherework is performed by employees of the agency;to inspect and investigate during regular work-ing hours and at other reasonable times, andwithin reas.onable limits and in a reasonablemanner, any such place of employment and allpertinent conditions, structures, machines,apparatus, devices, equipment, and materialstherein, and to question privately any agencyemployee, and/or any agency supervisoryemployee, and/or any official in charge of anestablishment.

(2) If there are no authorized representativesof employees, the inspector shall consult with areasonable number of employees during thewalkaround.

(3) When, in the opinion of the inspector, it isnecessary to conduct personal monitoring(sampling) of employee’s work environments,the inspector may request employees to wearreasonable and necessary personal monitoringdevices, e.g., noise dosimeters and air samplingpumps, for periods determined by the inspectorto be necessary for complete and effectivesampling of the environment.

(4) Upon request of the inspector , theemployer shall encourage employees to wearthe personal environmental monitoring devicesduring an inspection.

(5) Whenever and as soon as it is concluded onthe basis of an inspection that a danger existswhich could reasonably be expected to causedeath or serious physical harm immediately,the inspector shall inform the affected em-ployees and official in charge of the workplaceof the danger. The official in charge of theworkplace, or a person empowered to act forthat official, shall undertake immediate abate-ment and the withdrawal of employees who arenot necessary for abatement of the dangerousconditions. In the event the offical in charge ofthe workplace needs assistance to undertakefull abatement, that official shall promptly con-tact the Designated Agency Safety and HealthOfficial and other responsible agency officials,who shall assist the abatement effort. Safetyand health committees shall be informed of allrelevant actions and representatives of theemployees shall be so informed.

(6) At the conclusion of an inspection, theSafety and Health Inspector shall confer withthe official in charge of the workplace or thatofficial’s representative, and with an appro-priate representative of the employees of theestablishment, and informally advise them ofany apparent unsafe or unhealthful workingconditions disclosed by the inspection. During

13 196&26(b)(6)

1960.26~)(6) OCCUPATIONALSAFETYAND HEALTH

any such conference, the official in charge ofthe workplace and the employee representa-tive shall be afforded an opportunity to bring tothe attention of the Safety and Health Inspec-tor any pertinent information regarding condi-tions in the workplace.

(c) Written reports and notices of unsafeor unhealthful working conditions.

(1) The inspector shall, in writing, describewith particularity the procedures followed inthe inspection and the findings which form thebasis for the issuance of any Notice of Unsafe orUnhealthful Working Conditions.

(2) Each agency shall establish a procedure forthe prompt issuance of a Notice of Unsafe orUnhealthful Working Conditions. Such noticesshall be issued not later than 15 days aftercompletion of the inspections for safety viola-tions or not later than 30 days for health viola-tions. If there are compelling reasons why suchnotice cannot be issued within the 15 days or 30days indicated, the persons described in para-graph (c)(l)(iii) of this section shall be informedof the reasons for the delay. Such proceduresshall include the following:

(I) Notices shall be in writing and shalldescribe with particularity the nature anddegree of seriousness of the unsafe or un-healthful working condition, including a ref-erence to the standard or other requirementinvolved;

(II) the notice shall fix a reasonable time forthe abatement of the unsafe or unhealthfulworking condition; and

(iii) a copy of the notice shall be sent to theofficial in charge of the workplace, theemployee representative who participated inthe closing conference, and/or the safety andhealth committee of the workplace, if any.

(3) Upon receipt of any notice of an unsafe orunhealthful working condition, the official incharge of a workplace shall immediately postsuch notice, or copy thereof, unedited, exceptfor reason of national security, at or near eachplace an unsafe or unhealthful working condi-tion referred to in the notice exists or existed.In addition, a notice shall be posted if any spe-cial procedures are in effect. Where, because ofthe nature of the workplace operations, it is notpracticable to post the notice at or near eachsuch place, such notice shall be posted, uned-ited, except for reason of national security, in aprominent place where it will be readily ob-servable by all affected~employees. For exam-ple, where workplace activities are physicallydispersed, the notice may be posted at the loca-tion to which employees report each day.Where employees do not primarily work at orreport to a single location, the notice may beposted at the location from which the em-ployees operate to carry out their activities.

(4) Each notice of an unsafe or unhealthfulworking condition, or a copy thereof, shall re-main posted until the unsafe or unhealthfulworking condition has been abated or for 3working days whichever is later. A copy of thenotice will be filed and maintained for a periodof five years after abatement at the establish-ment and made available to the Secretary uponrequest.

1960.27-REPRESENTATIVES OF OFFICIALS IN CHARGEAND REPRESENTATIVES OF EMPLOYEES

(a) Safety and health inspectors shall be incharge of inspections and may interview any

spection and to provide such representatives

employee in private if the inspector deems it nec-with more detailed knowledge of any existing or

essary. A representative of the official in chargepotential unsafe or unhealthful working con-

of a workplace and a representative of employeesdition. The representative of employees shall be

shall be given an opportunity to accompanyselected by the employees. Additional represent-

Safety and Health Inspectors during the physicalatives of the official in charge and additional

inspection of any workplace, both to aid the in-representatives of employees may accompany theSafety and Health Inspectors if it is determined

1960.27(a) 14

L AII_.


by the inspector that such additional represent-atives will further aid the inspection. Differentrepresentatives of the employer and employeesmay be allowed to accompany the Inspector dur-ing each different phase of an inspection.

(b) Safe ty and heal th inspectors shal l beauthorized to deny the right of accompanimentunder this section to any person whose participa-tion interferes with a fair and orderly inspection.

(c) With regard to facilities classified in the in-terest of national security, only persons author-ized to have access to such facilities shall be

allowed to accompany a Safety and Health In-spector in such areas.

(d) Safety and health inspectors shall consultwith employees concerning matters of occupa-tional safety and health to the extent deemednecessary for the conduct of an effective andthorough inspection. During the course of an in-spection, any employee shall be afforded an op-portunity to bring to the attention of the Safetyand Health Inspector any unsafe or unhealthfulworking condition which the employee has reasonto believe exists in the workplace.

1960.28-EMPLOYEE REPORTS OF UNSAFE ORUNHEALTHFUL WORKING CONDITIONS

(a) The purpose of employee reports is to informagencies of the existence of, or potential for, un-safe or unhealthful working conditions. A reportunder this part is not a grievance.

(b) This section provides guidance in establish-ing a channel of communication between agencyemployees and those with responsibilities forsafety and health matters, e.g., their supervisor,the agency safety and health officials, safety andhealth committees, safety and health inspectors,the head of the agency, or the Secretary. Thesechannels of communication are intended to assureprompt analysis and response to reports of unsafeor unhealthful working conditions in accordancewith the requirements of Executive Order 12196.Since many safety and health problems can beeliminated as soon as they are identified, the ex-istence of a formal channel of communication shallnot prelude immediate corrective action by anemployee’s supervisor in response to oral reportsof unsafe or unhealthful working conditionswhere such action is possible. Nor should an em-ployee be required to await the outcome of suchan oral report before filing a written report pur-suant to the provisions of this section.

(c) Any employee or representative of em-ployees, who believes that an unsafe or unhealth-ful working condition exists in any workplacewhere such employee is employed, shall have theright and is encouraged to make a report of theunsafe or unhealthful working condition to an ap-

propriate agency safety and health official and re-quest an inspection of such workplace for thispurpose. The report shall be reduced to writingeither by the individual submitting the report or,in the case of an oral notification, by the above of-ficial or other person designated to receive thereports in the workplace. Any such report shallset forth grounds for the report and shall containthe name of the employee or representative ofemployees. Upon the request of the individualmaking such report, no person shall disclose thename of the individual making the report or thenames of individual employees referred to in thereport, to anyone other than authorized repre-sentatives of the Secretary. In the case of immi-nent danger situations, employees shall makereports by the most expeditious means available.

(d) Reports received by the agency.

(1) Each report of an existing or potential un-safe or unhealthful working condition should berecorded on a log maintained at the establish-ment. If an agency finds it inappropriate tomaintain a log of written reports at the estab-lishment level, it may avail itself of proceduresset forth in $ 1960.71. A copy of each reportreceived shall be sent to the appropriate estab-lishment safety and health committee.

(2) A sequentially numbered case file, codedfor identification, should be assigned for ‘pur-poses of maintaining an accurate record of the

15 1960,28(d)(2)

1960.28(d)(2) OCCUPATIONAL SAFETY AND HEALTH

report and the response thereto. As a mini-mum, each establishment’s log should containthe following information: date, time, code/reference/file number, location of condition,brief description of the condition, classification(imminent danger, serious or other), and dateand nature of action taken.

(3) Executive Order 12196 requires thatagency inspections be conducted within 24hours for employee reports of imminent dangerconditions, within three working days forpotentially serious conditions, and within 20working days for other than serious safety andhealth conditions. However, an inspection maynot be necessary if, through normal manage-ment action and with prompt notification toemployees and safety and health committees,the hazardous condition(s) identified can beabated immediately.

(4) An employee submitting a report of unsafeor unhealthful conditions shall be notified inwriting within 15 days if the official receivingthe report determines there are not reasonablegrounds to believe such a hazard exists anddoes not plan to make an inspection based onsuch report. A copy of each such notificationshall be provided by the agency to the appro-priate certified safety and health committee,where established under Executive Order12196. An agency’s inspection or investigationreport, if any, shall be made available to theemployee making the report within 15 daysafter completion of the inspection, for safetyviolations or within 30 days for health viola-tions, unless there are compelling reasons, andshall be made available to the Secretary or the

Secretary’s authorized representative onrequest.

e Relobor p

orts received, by the Secretory of.

(1) Agency safety and health programs musthave provisions for responding to employees’reports of unsafe or unhealthful working condi-tions and the Secretary encourages employeesto use agency procedures as the most expedi-

’ tious means of achieving abatement of hazard-ous conditions. It is recognized, however, thatemployee reports may be received directly bythe Secretary.

(2) When such reports are received directlyfrom an employee or employee representative,the Secretary shall, where a certified safetyand health committee exists, forward thereport to the agency for handling in accordancewith procedures outlined in 0 1960,28(d). Acopy of the response to the originator shall besent to the Secretary.

(3) Where there is no certified safety andhealth committee, or when requested by halfthe members of a committee, the Secretarymay initiate an inspection or other appropriateaction. When the Secretary determines that aninspection is warranted, the Secretary shallobserve the same response times as required ofthe agencies under the Executive Order and 01960.28(d)(3). When the Secretary determinesnot to make an inspection, the report shall beforwarded to the agency for handling in ac-cordance with procedures ou t l i ned i n 01960.28(d). A copy of the response to the orig-i n a t o r s h a l l b e s e n t t o t h e S e c r e t a r y .

1960,29-ACCIDENT INVESTIGATION

(a) While all accidents should be investigated,including accidents involving property damageonly, the extent of such investigation shall bereflective of the seriousness of the accident.

(b) In any case, each accident which results in afatality or the hospitalization of five or moreemployees shall be investigated to determine thecausal factors involved. Except to the extentnecessary to protect employees and the public,evidence at the scene of an accident shall be left

196029(d) 16

untouched until inspectors have an opportunityto examine it.

(c) Any information or evidence uncovered dur-ing accident investigations which would be ofbenefit in developing a new OSHA standard or inmodifying or revoking an existing standardshould be promptly transmitted to the Secretary.

(d) The investigative report of the accident shallinclude appropriate documentation on date, time,

OCCUPATIONAL SAFETY AND HEALTH 1960.29(d)

location, description of operations, description of appropriate safety and health committee, and theaccident, photographs, interviews of employees exclusive employee representative, if any. Theand witnesses, measurements, and other perti- investigative report shall be made available tonent information. A copy of the investigative the Secretary or his authorized representative onreport required by this section shall be forwarded request.to the official in charge of the workplace, the

1960.30-ABATEMENT OF UNSAFE OR UNHEALTHFULWORKING CONDITIONS

(a) The agency shall ensure the prompt abate-ment of unsafe and unhealthful conditions. Wherea Notice of an Unsafe or Unhealthful WorkingCondition has been issued, abatement shall bewithin the time set forth in the notice, or in ac-cordance with the established abatement plan.

(b) The procedures for correcting unsafe orunhealthful working conditions shall include afollow-up, to the extent necessary, to determinewhether the correction was made. If, upon thefollow-up, it appears that the correction was notmade, or was not carried out in accordance withan abatement plan prepared pursuant to para-graph (c) of this section, the official in charge ofthe establishment and the appropriate safety andhealth committee shall be notified of the failure toabate.

(c) The official in charge of the establishmentshall promptly prepare an abatement plan with

the appropriate participation of the establish-ment’s Safety and Health Official or a designee, ifin the judgment of the establishment official theabatement of an unsafe or unhealthful workingcondition will not be possible within 30 calendardays. Such plan shall contain an explanation ofthe circumstances of the delay in abatement, aproposed timetable for the abatement, and a sum-

mary of steps being taken in the interim to pro-tect employees from being injured as a result ofthe unsafe or unhealthful working condition. Acopy of the plan shall be sent to the safety andhealth committee, and, if no committee exists, tothe representat ive of the employees . Anychanges in an abatement plan will require thepreparation of a new plan in accordance with theprovisions of this section.

(d) When a hazard cannot be abated within theauthority and resources of the official in charge ofthe establishment, that official shall requestassistance from appropriate higher authority.The local safety and health official, any estab-lished committee and/or employee representa-tives, and all personnel subject to the hazardshall be advised of this action and of interim pro-tective measures in effect, and shall be kept in-formed of subsequent progress on the abatementplan.

(e) When a hazard cannot be abated withoutasistance of the General Services Administrationor other Federal lessor agency, the occupantagency shall act with the lessor agency to secureabatement. Procedure for coordination with theGeneral Services Administration are contained inSubpart E of this part.

1960.3 1 Inspections by OSHA

(a) The Secretary or the Secretary’s representa-tives are authorized to conduct, when the Sec-retary deems necessary, announced or unan-nounced inspections in the following situations:

(1) Where an agency has not established occu-

17

pational safety and health committees or wherecommittees no longer operate in conformanceto the requirements of subpart F of this part;

(2) In response to a request from half themembership of record of any certified safety

196&31(a)(2)

196&31(a)(Z) OCCUPATIONAL SAFETY AND HEALTH

and health committee; and

(3) In response to an employee’s report on animminent danger situation, where there is acertified committee, but where the Secretarydetermines that neither the agency nor thecommittee has responded to the employee..

@) The Secretary’s inspectors or evaluators areauthorized: to enter without delay, and at rea-sonable times, any building, installation, facility,construction site, or other area, workplace, orenvironment where work is performed by em-ployees of the agency; to inspect and investigateduring regular working hours and at other rea-sonable times, and within reasonable limits and in

a reasonable manner, any such place of employ-ment, and all pertinent conditions, structures,machines, apparatus, devices, equipment, andmaterials therein, and to question privately anyemployee, any supervisory employee, and/or anyofficial in charge of an establishment.

(c) The Secretary may also make scheduled in-spections as an integral part of OSHA’s evalua-tion of an agency’s safety and health program inaccordance with Subpart J of this part.

(d) OSHA inspections shall follow the generalformat set forth for agency inspections in otherapplicable parts of this subpart.

1960.32-l 960.33 (RESERVED)

SUBPART E-GENERAL SERVICES ADMINISTRATION ANDOTHER FEDERAL AGENCIES

1960.34-GENERAL PROVISIONS

Within six months of the effective date of thispart, the Secretary of Labor and the Administra-tor of the General Services Administration (GSA)shall initiate a study of conflicts that may exist intheir standards concerning Federal buildings,leased space, products purchased or supplied, andother requirements affecting Federal employeesafety and health. Both agencies shall establishand publish a joint procedure for resolving con-flicting standards. All other Federal agenciesthat have authority for purchasing equipment,supplies, and materials, and for controlling Gov-ernment space, as well as the leasing of space,shall also be subject to the requirements of thissubpart, including publication of a procedure forresolving conflicting standards.

(a) In order to assist agencies in carrying outtheir duties under section 19 of the Act, Execu-tive Order 12196, and this part, the Adminis-trator or the Administrator’s designee shall:

(1) Upon an agency’s request, furnish for anyowned or leased space offered to a Federalagency for occupancy:

1969.34(a)(3)

(i) a report of a recent pre-occupancy inspec-tion to identify serious hazards or seriousviolations of OSHA standards or approvedalternate standards, and

(ii) a plan for abatement of the hazards andviolations discovered;

(2) Provide space which:

(i) meets any special safety and health re-quirements submitted by the requestingagency, and

(ii) does not contain either serious hazardsor serious violations of OSHA standards orapproved alternate standards which cannotbe abated;

(3) Repair, renovate, or alter, upon an agen-cy’s request, owned or leased space in aplanned and controlled manner to reduce oreliminate, whenever possible, any hazardousexposure to the occupant agency’s employees;

18

/4 OCCUPATIONAL SAFETY AND HEALTH 196034(a)(4)

(4) Accompany, upon request, the Secretary 1960.2(i), shall establish and maintain a productor the Secretary’s designee on any inspection safety program which:or investigation of a facility subject to the au-thority of the General Services Administration.Requests made for this purpose shall, when-ever possible, be made at the GSA regionallevel in order to facilitate prompt assistance;

(1) Ensures that items procured will allowuser agencies to use such products safely fortheir designed purpose and will facilitate usercompliance with all applicable standards.

(2) Requires that products meet the applicablesafety and health requirements of Federal lawand regulations issued thereunder;

(5) Investigate, upon an official agency re-quest, reports of unsafe or unhealthful condi-tions within the scope of GSA’s responsibility.Such investigation, when requiring an on-siteinspection, shall be completed within 24 hoursfor imminent danger situations, within threeworking days for potentially serious conditions,and within 20 working days for other safetyand health risk conditions;

(6) Abate unsafe or unhealthful conditions dis-closed by reports, investigation or inspectionwithin 30 calendar days or submit to the occu-pant agency’s designated liaison official anabatement plan. Such abatement plan shallgive priority to the allocation of resources tobring about prompt abatement of the condi-tions. (GSA shall publish procedures for abate-ment of hazards in the Federal Property Man-agement Regulations- 41 CFR Part 1011;

(3) Ensures that hazardous material will be la-beled in accordance with current law or regu-lation to alert users, shippers, occupationalsafety and health, and emergency action per-sonnel, and others, to basic information con-cerning flammability, toxicity, compatibility,first aid procedures, and normal as well asemergency handling and disposal procedures;

(4) Ensures availablity of appropriate safetyrescue and personal protective equipment tosupply user agencies. The writing of Federalprocurement specifications will be coordinatedby GSA with OSHA/NIOSH as needed to as-sure purchase of approved products;

(7) Establish an occupancy permit programwhich will regulate the types of activities andoccupancies in facilities in order to avoid in-compatible groupings, e.g., chemincal or biolog-ical laboratories in office space. GSA shall seekto consolidate Federal laboratory operations infacilities designed for such purposes:

(5) Ensures that products recalled by themanufacturer, either voluntarily or by orderfrom a regulatory authority, are removed frominventory. Each recall notice or order shall beforwarded to all agencies which have orderedsuch product from or through the procuring/-supplying Federal agency, e.g., GSA, DOD,etc.;

(8) Ensure, insofar as possible, that agencysafety and health problems still outstandingare resolved, or otherwise answered by accept-able alternatives prior to renegotiation ofleases; and

(6) Include preparation of FEDSTD 313, Ma-terial Safety Data Sheets (MSDS), involving allinterested agencies in review to keep thestandard current. MSDS provided by agenciesor contractors shall meet the requirments ofFEDSTD 313 and be furnished to DOD for filingand distribution.

1i

(9) Ensure that GSA or other Federal lessoragencies’ building managers maintain a log ofreport of unsafe or unhealthful conditions sub-mitted by tenants to include: date of receipt ofreport, 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 ownuse or use by other agencies, except for the de-sign of uniquely military products as set forth in 5

(c) In order to assist agencies in carrying outtheir duties under section 19 of the Act, Execu-tive Order 12196, and this part, the DOD operatesand maintains an automated system to receive,file, reproduce, and make available MSDS data toother Federal agencies through the GovernmentPrinting Office or the National Technical In-formation Services.

(d) All Federal agencies shall use MSDS either

19 1969.34(d)

1960.34(d) OCCUPATIONAL SAFETY AND HEALTH

provided by DOD, or acquired directly from sup-pliers, when purchasing hazardous materials (asdefined in FEDSTD 313) for local use. These datawill be used to develop detailed procudures to ad-vise employees in the workplace of the hazardsinvolved with the materials and to protect themtherefrom.

(e) Safety and health services. GSA will operateand maintain for user agencies the followingservices:

(1) Listings in the “Federal Supply Schedule”of safety and health services and equipmentwhich are approved for use by agencies whenneeded. Examples of such services are: work-place inspections, training, industrial hygienesurveys, asbestos bulk sampling, and mobilehealth testing; examples of such equipmentare: personal protective equipment and ap-parel, safety devices, and environmental moni-toring equipment:

(2) Rules for assistance in the preparation ofagency “Occupant Emergency Plans” (formerlycalled “Facility Self-Protection Plans”), to bepublished by GSA at 41 CFR Part 101;

(3) An effective maintenance program in theInteragency Motorpool System which will en-sure the safety and health of Federal em-ployees utilizing the vehicles. Critical items tobe included are: Exhaust systems, brakes,

*tires, lights, steering, and passenger restraintor other crash protection systems; and

(4) A rapid response system whereby agenciescan alert GSA to unsafe or unhealthful itemspurchased or contracted for by GSA, which inturn will evaluate the reports, initiate correc-tive action, as appropriate, and advise useagencies of interim protective measures.

1960.35-NATIONAL INSTITUTE FOR OCCUPATIONALSAFETY AND HEALTH

(a) The Director of the National Institute for Oc-cupational Safety and Health (NOISH) shall, uponrequest by the Secretary, assist in: (1) Evalua-tions of Federal agency safety and health pro-grams; (2) investigations of possible safety andhealth hazards and (3) inspections resulting fromemployee or committee reports of unsafe or un-healthful working conditions.

(b) The Director of NIOSH shall provide a Haz-ard Evaluation (HE) program for’Federa1 agen-cies. This program shall be designed to respondto requests for assistance in determining whetheror not safety or health hazards are present in aFederal Workplace. Requests for such HazardEvaluations 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 ifhalf the committee requests such service; and

(4) Employees who are not covered by a certi-fied safety and health committee.

(c) The Director of NIOSH may assist agenciesby providing hazard alerts, technical services,training materials and conducting training pro-grams upon request by an agency and with reim-bursement.

SUBPART F---OCCUPATIONAL SAFETY AND HEALTHCOMMITTEES

1960,36---GENERAL PROVISIONS

(a) The occupational safety and health committees described in this subpart are organized and

1960.36(a) 20

1969.39(r)OCCUPATIONAL SAFETY AND HEALTH

maintained basically to monitor and assist anagency’s safety and health program. These com-mittees assist agencies to maintain an open chan-nel of communication between employees andmanagement concerning safety and health mat-ters in agency workplaces. The committes pro-vide a method by which employees can utilizetheir knowledge of workplace operations to assistagency management to improve policies, condi-tions, and practices.

@) Agencies may elect to establish safety andhealth committees meeting the minimum re-quirements contained in this subpart. Wheresuch committees are not established or fail tomeet the minimum requirements established bythe Secretary, the Secretary is authorized by sec-tion 1-401(i) of Executive Order 12196 to conductunannounced inspections of agency workplaceswhen the Secretary determines them necessary.

1960.37~0MMITTEE ORGANIZATION

(a) For agencies which elect to utilize committeeconcept, safety and health committees shall beformed at both the national level and, for agen-cies with field or regional offices, at appropriatelevels within the agency. To realize exemptionfrom unannounced OSHA inspections, an agencymust form a committee at the national level andat any establishment of grouping of establish-ments that is to be exempt, keeping the Secre-tary advised of the locations and activities wheresuch committees are functioning.

(1) The principal function of the national levelcommittee shall be to consult and providepolicy advice on and monitor the performanceof, the agency-wide safety and health program.

(2) Committees at other appropriate levelsshall be established at agency establishmentsor groupings of establishments consistent withthe mission, size and organization of the agencyand its collective bargaining configuration. Theagency shall form committees at the lowestpracticable local level. The principal function ofthe establishment (or local) committees is tomonitor and assist in the execution of the agen-cy’s safety and health policies and program atthe workplaces within their jurisdiction. Anydispute over the meaning of the term “appro-priate levels” shall be resolved by the Secre-tary.

(b) Committees shall have equal representationof management and nonmanagement employees,who shall be members of record.

(1) Management members of both nationallevel and establishment level committees shall

21

be appointed in writing by the person empow-ered to make such appointments.

(2)Nonmanagement members of establishmentlevel committees shall represent all employeesof the establishment and shall be determinedaccording to the following rules:

(I) Where employees are represented undercollective bargaining arrangements, mem-bers shall be appointed from among thoserecommended by the exclusive bargainingrepresentative;

(ii) Where employees are not representedunder collective bargaining arrangements,members shall be determined through pro-cedures devised by the agency which providefor effective representation of all employees;and

(iii) Where some employees of an establish-ment are covered under collective bargainingarrangements and others are not, membersshall be representative of both groups.

(3) Nonmanagement members of national levelcommittees shall be determined according tothe following rules:

(i) Where employees are represented by or-ganizations having exclusive recognition onan agency basis or by organizations havingnational consultation rights, some membersshall be determined in accordance with theterms of collective bargaining agreementsand some members shall be selected fromthose organizationsrights, and

having consultation

1999.37(b)(3)(1)

1960.37(b)(3)(G) OCCUPATIONAL SAFETY AND HEALTH

(ii) Where employees are not represented byorganizations meeting the criteria of para-graph (b)(3)(i) of this section, members shallbe determined through procedures devisedby the agency which provide for effectiverepresentation of all employees.

(c) Committee members should serve overlap-ping terms. Such terms should be of at least twoyears duration, except when the committee is ini-tially organized.

(d) The committee chairperson shall be nomi-nated from among the committee’s members andshall be elected by the committee members. Man-agement and nonmanagement members shouldalternate in this position. Maximum service time

as chairperson should be two consecutive years.

(e) C o m m i t t e e s s h a l l e s t a b l i s h a r e g u l a rschedule of meetings and special meetings shallbe held as necessary: establishment level commit-tees shall meet at least quarterly and nationalcommittees shall meet at least annually.

(f) Adequate advance notice of committee’meetings shall be furnished to employees andeach meeting shall be conducted pursuant to aprepared agenda.

(g) Written minutes of each committee meetingshall be maintained and distributed to each com-mittee member, and upon request, shall be madeavailable to employees and to the Secretary.

1960.38-COMMITTEE FORMATION

(a) Upon forming such committees, heads ofagencies shall submit information to the Secre-tary concerning the existence, location, and cov-erage, in terms of establishments and popula-tions, of such committees, certifying to the Secre-tary that such committees meet the requirementsof this subpart. The information submitted shouldinclude the name and telephone numbers of thechairperson of each committee, and should be up-dated annually as part of the annual report re-quired by li 1960.74 to reflect any changes that

may have occurred.

(b) If, upon evaluation, the Secretary determinesthat the operations of a committee do not meetthe requirements of this subpart, the Secretaryshall notify the agency and identify the deficien-cies to be remedied. If the agency does not satisfythe Secretary within 90 days that the committeemeets the requirements of this subpart, thecommittee shall not be deemed a committeeunder Executive Order 12196 and this part.

1960.39-AGENCY RESPONSIBILITIES

(a) Agencies shall make available to committeesall agency information relevant and necessary totheir duties, except where prohibited by law. Ex-amples of such information include, but are notlimited to: The agency’s safety and health policiesand program; human and financial resourcesavailable to implement the program; accident, in-jury, and illness data; epidemiological data: em-

1960.39(b) 22

ployee exposure monitoring data; Material Safe-ty Data Sheets; inspection reports: reprisal in-vestigation reports: abatement plans; NIOSHhazard evaluation reports: and internal and ex-ternal evaluation reports.

(b) Agencies shall provide all committee mem-bers appropriate training as required by subpartH of this part.


1960.40-ESTABLISHMENT COMMITTEE DUTIES

(a) The safety and health committee is an inte-gral part of the safety and health program, andhelps ensure effective implementation of the pro-gram at the establishment level.

(b) An establishment committee formed underthis subpart shall, except where prohibited bylaw:

(1) Monitor and assist the safety and healthprogram at establishments under its jurisdic-tion and make recommendations to the officialin charge on the operation of the program;

(2) Monitor findings and reports of workplaceinspections to confirm that appropriate correc-tive measures are implemented:

(3) When requested by the agency Safety andHealth Offical, or when the committee deems itnecessary for effective monitoring of agencyestablishment inspection procedures, partici-pate in inspections of the establishment:

(4) Review internal and external evaluationreports and make recommendations concerningthe establishment safety and health program;

(5) Review, and recommend changes, as ap-propriate, to procedures for handling safety

and health suggestions and recommendationsfrom employees;

(6) When requested by the Designated AgencySafety and Health Official, or when the commit-tee deems it necessary, comment on standardsproposed pursuant to the provisions of SubpartC of this part;

(7) Monitor and recommend changes, as re-quired, in the level of resources allocated andspent on the establishment safety and healthprogram;

(8) Review agency responses to reports ofhazardous conditions, safety and health pro-gram deficiencies, and allegations of reprisal;

(9) Report their dissatisfaction to the Secre-tary if half a committee determines there aredeficiencies in the establishment’s safety andhealth program or is not satisfied with theagency’s reports of reprisal investigations; and

(10) Request the Secretary to conduct anevaluation or inspection if half the members ofrecord are not satisfied with an agency’s re-sponse to a report of hazardous working condi-tions.

1960.41 --NATIONAL COMMITTEE DUTIES

National committees established under thissubpart shall, except where prohibited by law:

(o) Monitor performance of the agency safetyand health program and make policy recommen-dations to the head of the agency on the operationof the program;

(b) Monitor and assist in the development andoperation of the agency’s establishment commit-tees. As the committee deems appropriate, moni-tor and review: Reports of inspections; internaland external evaluation reports; agency safetyand health training programs; proposed agency

23

standards; agency plans for abating hazards; andresponses to reports of hazardous conditions;safety and health program deficiencies; andallegations of reprisal;

(c) Monitor and recommend changes in the re-sources allocated to the entire agency safety andhealth program:

(d) Report their dissatisfaction to the Secretaryif half a committee determines there are deficien-cies in the agency’s safety and health program oris not satisfied with the agency’s reports of re-prisal investigations; and

1960.41(d)

1960.41(e) OCCUPATIONAL SAFETY AND HEALTH

(0) Request the Secretary to conduct an evalua- are not satisfied with an agency’s response to ation or inspection if half the members of record report of hazardous working conditions.

1960.42-l 960.45 (RESERVED)

SUBPART G-ALLEGATIONS OF REPRISAL

1960.46-AGENCY RESPONSIBILITY

(a) The head of each agency shall establish pro-cedures to assure that no employee is subject torestraint, interference, coercion, discriminationor reprisal for filing a report of an unsafe or un-healthful working condition, or other participa-tion in agency occupational safety and health pro-gram activities, or because of the exericse bysuch employee on behalf of himself or herself orothers of any right afforded by section 19 of theAct, Executive Order 12196, or this part. Theserights include, among other, the right of an em-ployee to decline to perform his or her assignedtask because of a reasonable belief that, underthe circumstances the task poses an imminent

risk of death or serious bodily harm coupled witha reasonable belief that there is insufficient timeto seek effective redress through normal hazardreporting and abatement procedures establishedin accordance with this part.

(b) Based on the Secretary’s evaluation of agen-cies’ procedures for protecting employees fromreprisal, the Secretary shall report to the Presi-dent by September 30, 1982 his findings and rec-ommendations for improvements in proceduresfor the investigation and resolution of allegationsof reprisal.

1960.47-RESULTS OF INVESTIGATIONS

Each agency shall keep occupational safety andhealth committees advised of agency activityregarding allegations of reprisal and any agencydeterminations thereof. Agency officials shallprovide copies of reprisal investigation findings,if any, to the Secretary and to the appropriatesafety and health committee.

1960.48-l 960.53 (RESERVED)

OCCUPATIONAL SAFETY AND HEALTH 1960.54

SUBPART H-TRAINING

1960.54-TRAINING OF TOP MANAGEMENT OFFICIALS

Each agency shall provide top management agencies. Such orientation should include cover-officials with orientation and other learning ex- age of section 19 of the Act, Executive Orderperiences which will enable them to manage the 12196, the requirements of this part, and theoccupational safety and health programs of their agency safety and health program.

1960.55-TRAINING OF SUPERVISORS

(o) Each agency shall provide occupational safe-ty and health training for supervisory employeesthat includes: supervisory responsibility for pro-viding and maintaining safe and healthful work-ing conditions for employees, the agency occupa-tional safety and health program, section 19 ofthe Act, Executive Order 12196, this part, occu-pational safety and health standards applicable tothe assigned workplaces, agency procedures forreporting hazards, agency procedures for report-ing and investigating allegations of reprisal, andagency procedures for the abatement of hazards,as well as other appropriate rules and regu-lations.

(b) This supervisory training should include in-troductory and specialized courses and materialswhich will enable supervisors to recognize andeliminate, or reduce, occupational safety andhealth hazards in their working units. Such train-ing shall also include the development of requisiteskills in managing the agency’s safety and healthprogram within the work unit, including thetraining and motivation of subordinates towardassuring safe and healthful work practices.

1960.56-TRAINING OF SAFETY AND HEALTH SPECIALISTS

(a) Each agency shall provide occupational safe-ty and health training for safety and health spe-cialists through courses, laboratory experiences,field study, and other formal learning experi-ences to prepare them to perform the necessarytechnical monitoring, consulting, testing, inspec-ting, designing, and other tasks related to pro-gram development and implementation, as wellas hazard recognition, evaluation and control,

equipment and facility design, standards, analy-sis of accident, injury, and illness data, and otherrelated tasks.

(b) Each agency shall implement career develop-ment programs for their occupational safety andhealth specialists to enable the staff to meet pre-sent and future program needs of the agency.

25 1960.56(b)

m60.57 OCCUPATIONAL SAFETY AND HEALTH

1960.57-TRAINING OF SAFETY AND HEALTH INSPECTORS

Each agency shall provide training for safety procedures during or following their assigned in-and health inspectors with respect to appropriate spections, as well as preparation of reports andstandards, and the use of appropriate equipment other documentation to support the inspectionand testing procedures necessary to identify and findings.evaluate hazards and suggest general abatement

1960.58-TRAINING OF COLLATERAL DUTY SAFETYAND HEALTH PERSONNEL AND COMMITTEE MEMBERS

Within six months after October 1, 1980, or onappointment of an employee to a collateral dutyposition or to a committee, each agency shall pro-vide training for collateral duty safety and healthpersonnel and all members of certified occupa-tional safety and health committees commen-surate with the scope of their assigned responsi-bilities. Such trainin shall include: The agency

Ioccupational safety nd health program; section

19 of the Act; Executive Order 12196; this part;agency procedures for the reporting, evaluationand abatement of hazards; agency procedures forreporting and investigating allegations of re-prisal, the recognition of hazardous conditionsand environments; identification and use of occu-pational safety and health standards, and otherappropriate rules and regulations.

1960.59-TRAINING OF EMPLOYEES ANDEMPLOYEE REPRESENTATIVES

(a) Each agency shall provide appropriate safetyand health training for employees including spe-cialized job safety and health training appro-priate to the work performed by the employee,for example: Clerical: printing: welding: craneoperation; chemical analysis, and computeroperations. Such training also shall informemployees of the agency occupational safety andhealth program, with emphasis on their rightsand responsibilities.

(b) Occupational safety and health training foremployees of the agency who are representatives

1860.59(b) 26

of employee groups, such as labor organizationswhich are recognized by the agency, shall includeboth introductory and specialized courses andmaterials that will enable such groups to functionappropriately in ensuring safe and healthfulworking conditions and practices in the work-place and enable them to effectively assist in con-ducting workplace safety and health inspections.Nothing in this paragraph shall be construed toalter training provisions provided by law, Ex-ecu t i ve Orde r , o r co l l e c t i ve ba rga in ingarrangements.


1960.60-TRAINING ASSISTANCE

(a) Agency heads may seek training assistancefrom the Secretary of Labor, the National Insti-tute for Occupational Safety and Health ,andother appropriate sources.

(b) After the effective date of Executive Order12196, the Secretary shall, upon request and withreimbursement, conduct orientation for Desig-nated Agency Safety and Health Officials and/ortheir designees which will enable them to managethe occupational safety and health programs oftheir agencies. Such orientation shall includecoverage of section 19 of the Act, ExecutiveOrder 12196, and the requirements of this part.

(c) Upon request and with reimbursement, theDepartmnt of Labor shall provide each agency

with training materials to assist in fulfilling thetraining needs of this subpart, including residentand field training courses designed to meet se-lected training needs of agency safety and healthspecialists, safety and health inspectors, and col-lateral duty safety and health personnel. Thesematerials and courses in no way reduce eachagency’s responsibility to provide whatever spe-cialized training is required by the unique char-acteristics of its work.

(d) In cooperation with OPM, the Secretary willdevelop guidelines and/or provide materials forthe safety and health training programs for high-level managers, supervisors, members of commit-tees, and employee representatives.

1960.6 l-l 960.65 (RESERVED)

SUBPART I-RECORDKEEPING AND REPORTINGREQUIREMENTS

1960.66-PURPOSE, SCOPE AND GENERAL PROVISIONS

(a) The purpose of this subpart is to establish uni-form requirements for the collection and compila-tion by agencies of occupational safety and healthdata, for proper evaluation and necessary correc-tive action and to assist the Secretary in meetingthe requirement to develop and maintain an effec-tive program of collection, compilation, and analy-sis of occupational safety and health statistics. Theterm “incident” as hereinafter used in this subpartshall include all occupational injuries and illnesses.

(b) In order to perform his duties under Section 19of the Act and Executive Order 12196, particularlywith respect to providing the President with cur-rent information about the Federal agency safetyand health program,‘it is necessary that the Secre-tary be promptly informed of serious incidents in-volving agency employees as provided in$ 196O.‘iO. Assistance to agencies in the investiga-

tion of such incidents is available pursuant to theprovisions of Executive order 12196 and thissubpart.

(c) Each agency shall utilize the information col-lected through its management information sys-tem to identify unsafe and unhealthful workingconditions, and to establish program priorities.

(d) The Department of labor shall provide Federalagencies with the OSHA Form 101, when re-quested, to meet the recordkeeping specified in$1960.68.

(e) The provisions of this subpart are not intendedto discourage agencies from utilizingrecordkeeping and reporting forms which containa more detailed breakdown of information than theform provided by the Department of Labor.

27 1960.66(g)

lS60.66(n OCCUPATIONAL SAFETY AND HEALTH

(f) [Reserved.]

(g) Information concerning occupational injuriesand illnesses or accidents which, pursuant to stat-ute or Executive order, must be kept secret in the

be recorded on separate forms. Such records shallnot be submitted to the Department of Labor, butmay be used by the appropriate Federal agency inevaluating the agency’s program to reduce occupa-tional injuries, illnesses and accidents.

interest of national defense or foreign policy shall

1960.67-RECORD OR LOG OF OCCUPATIONAL INJURIESAND ILLNESSES

(a) Each Federal agency shall maintain a record or ness shall be entered on the record or log. For thislog of all occupational injuries and illnesses for purpose, the format printed in OSHA 2014 willeach establishment. Except as provided in provide the information required.Q 1960.71(b) and (I$, the log is to be maintained atthe establishment. (c) Any occupational injury, illness or fataiity re-

ported on a Form CA-l, CA-2, or CA-6 to the em-(b) Within six working days after receiving infor- ploying establishment/agency shall be recorded onmation on an occupational injury or illness, appro- the log.priate information concerning such injury or ill-

1960.68-SUPPLEMENTARY RECORD OF OCCUPATIONALINJURIES AND ILLNESSES .

In addition to the record or log of occupational an occupational injury or illness has occurred. Forinjuries and illnesses provided under fi 1960.67, this purpose. OSHA Form No. 101, or OWCPeach Federal agency shall maintain a supplemen-tary record for each occupational injury and ill-

FORMS CA-l, CA-2 and CA-6 shall be completed

ness. The record shall be completed within sixin the detail required by the forms and the instruc-tions therein.

working days after the receipt of information that

P960.69-ANNUAL SUMMARIES OF FEDERALOCCUPATIONAL INJURIES AND ILLNESSES

(a) Each Federal agency, on a fiscal year basis,shall compile an annual summary of occupational

gaining agreements, the last page of the record or

injuries and illnesses as prescribed. The summa-log of occupational injuries and illnesses may be

ries shall be based on the record or log of occupa-posted as the Annual Summary of Federal Occupa-

tional injuries and illnesses maintained pursuant. totional Injuries and Illnesses.

0 1960.67. (c) Each agency shall furnish the Department of

(b) At the agency’s option, and consistent with theLabor with a copy of its summary upon request of

Privacy Act considerations and applicable bar-the Secretary.

lS66.69(c)28


~~

1960.70-REPORTING OF SERIOUS ACCIDENTS

(a) Within 48 hours after the occurrence of an em- Accidents not immediately reportable, but whichployment accident, the head of the Federal agency result in death within six months of the date of theshall report by telephone or telegraph to the Occu- accident, shall be reported within 48 hours of thepational Safety and Health Administration: time the employer became aware of the death.

(1) Any occupational accident which is fatal toone or more employees;

(2) Any occupational accident which results inthe inpatient hospitalization of five or more peo-ple, agency and nonagency people included;

(b) The report shall relate the circumstances of theaccident, names of individuals involved, any ac-tions taken by the agency, the number of fatali-ties, and/or injuries and illnesses and the extent ofany injuries.

(3) Any occupational illness which results indeath;

(4) Any occupational accident involving bothFederal and non-Federal employees which re-sults in a fatality or the hospitalization of five ofmore such employees.

(c) Agencies shall provide the Office of FederalAgency programs with a summary report of eachfatal and catastrophic accident investigation. Thesummaries shall address the date/time of accident,agency/establishment name and location, person-nel categories (employee, public, etc.) and conse-quences, description of operation and the accident,causal factors, applicable standards and their ef-fectiveness and agency corrective/preventiveactions.

1960.71 -LOCATIONS AND UTILIZATION OF RECORDSAND REPORTS

(a) The provisions of the section, dealing with theavailability of information compiled pursuant tothis subpart, are designed to guide agencies inproviding agency employees and their representa-tives with the basic information necessary to asurethat they can actively participate in an agencysafety and health program. The provisions of thissection are also designed to encourage agencies toallow agency safety and health inspectors to havedirect access to the accident, injury and illnessrecords of the establishments they are inspectingin order that they may better carry out their du-ties pursuant to Subpart D of this part.

(b) The log and supplementary records requiredby PP; 1960.67 and 1960.68 shall be maintained ateach establishment. Where, for reasons of efficientadministration or practicality, an agency mustmaintain these records at a place other than ateach establishment, such agency shall ensure thatthere is available at each establishment a copy ofthese records. These records shall be completed

and as current as possible, in no case shall morethan six months elapse between the recording ofan illness or injury occurring in an establishmentand the availability of records reflecting that in-jury or illness at that establishment.

(4

(1) For agencies engaged in activities such asagriculture, construction, transportation, com-munication, and electric, gas and sanitary serv-ices, which may be physically dispersed, the logand supplementary records, or copies thereof,may be maintained at a place to which employ-ees report each day.

(2) For personnel who do not primarily report orwork at a single establishment, and who aregenerally not supervised in their daily work,such as traveling employees, technicians, engi-neers, etc., the log and supplementary records,or copies thereof, may be maintained at the base

lStiO.71(C)( 2)29

1960.71(c)(Z) OCCUPATIONAL SAFETY AND HEALTH

from which personnel operate to carry out theiractivities.

(d) Each Federal agency shall post a copy of itsagency annual summary of Federal occupationalinjuries and illnesses for an establishment, as com-piled pursuant to $9; 1960.67 or 1960.69, at such es-tablishment, not later than 45 calendar days afterthe close of the fiscal year or otherwise dissemi-nate a copy of the annual summary for an estab-lishment in written form to all employees of theestablishment. Copies of the annual summary shallbe posted for a minimum of 30 consecutive days ina conspicuous place or places in the establishmentwhere notices to employees are customarilyposted. Where establishment activities are physi-

cally dispersed, the notice may be posted at the lo-cation to which employees report each day. Whereemployees do not primarily work at or report to asingle location, the notice may be posted at the lo-cation from which the employees operate to carryout their activities. Each Federal agency shalltake necessary steps to ensure that such summaryis not altered, defaced, or covered by othermaterial.

(e) The head of each agency shall ensure access toestablishment logs and annual summaries by theestablishment’s Occupational Safety and HealthCommittees, employees, former employees andemployee representatives.

?I 960.72-ACCESS TO RECORDS BY SECRETARY

The records required to be maintained underthe provisions of this subpart shall also be avail-able and made accessible to the Secretary of La-

bor, Secretary of Health and Human Services andtheir authorized representative.

1960.73-RETENTION OF RECORDS

The records and reports required to be main- center, to which the Secretary or his authorizedtained under the provisions of this subpart shall be representative would have reasonable access. Inretained by each agency for five years following addition, records required by OSHA standardsthe end of the fiscal year to which they relate, and shall be retained in accordance with thoseany location including a Federal record retention standards.

1960.74-AGENCY ANNUAL REPORTS

(a) The Act and E.O. 12196 require all Federalagency heads to submit to the Secretary an annualreport on their agency’s occupational safety andhealth program, containing such information asthe Secretary prescribes.

(I ) Each agency shall submit to the Secretaryby January 1 of each year a report describingthe agency occupational safety and health pro-gram of the previous fiscal year and objectivesfor the current year. The report shall include asummary of the agency’s self-evaluation findings

1960.74(a)(3)

as required by $ 1960.78(b).

(2) Guidelines for agency annual reports toOSHA are prescribed in OSHA publication2014. The Secretary shall notify agencies byJanuary 1 of any changes to the guidelines forthe subsequent year’s report.

(3) The agency reports shall be used in the prep-ara t ion of the Secre tary’s repor t to thePresident.

OCCUPATIONAL SAFETY AND HEALTH 1960,64(b)

(b) The Secretary shall submit to the President by uations of individual agency progress and prob-October 1 of each year a summary report of the lems in correcting unsafe or unhealthful workingstatus of the occupational safety and health of conditions, and recommendations for improvingFederal employees, based on agency reports, eval- their performance.

1960.75-l 960,77[RESERVED]

SUBPART J-EVALUATION OF FEDERAL OCCUPATISAFETY AND HEALTH PROGRAMS

1960.78-PURPOSE AND SCQPE

(a) The purpose of this subpart is to establish acomprehensive program for the evaluation ofFederal employee occupational safety and healthprograms. This subpart includes the responsibil-ities of agency heads in conducting self-evalua-tions of the effectiveness of their occupationalsafety and health programs, and the responsibil-ities of the Secretary in evaluating the extent towhich each agency head has developed and im-plemented agency programs in accordance withthe requirements of Executive Order 12196 andthis part.

(b) Agency heads shall develop and implement aprogram for evaluating the effectiveness of theiragency’s occupational safety and health program.An annual summary report shall be submitted to

31

the Secretary covering self-evaluations caan-ducted during the previous year.

(c) The Secretary shall conduct a comprehensiveevaluation of each Federal agency’s occupationalsafety and health program. Evaluations shall beconducted on a regular schedule to determine theperformance’ levels of each agency’s program.The Secretary shall submit to the President eachyear: A summary report of the status of the occu-pational safety and health of Federal employees;Department of Labor evaluations, together withagency responses, of individual agency progressand problems in correcting unsafe and unhealth-ful working conditions, and recommendations forimproving agency’s performance.

1960.7&(c)

1960.79 OCCUPATIONAL SAFETY AND HEALTH

1960.79-SELF-EVALUATIONS OF OCCUPATIONALSAFETY AND HEALTH PROGRAMS

Agency heads shall develop and implement a ments set forth in Executive Order 12196 and thisprogram of self-evaluations to determine the part and,effectiveness of their occupational safety andhealth programs. The self-evaluations are to in- (b) Implemented effectively in all agency fieldelude qualitative assesments of the extent to activities.which their agency safety and health programsare: Agencies needing assistance in developing a

self-evaluation program should contact the(a) Developed in accordance with the require- Secretary.

1960,80--SECRETARY’S EVALUATIONS OF AGENCYOCCUPATIONAL SAFETY AND HEALTH PROGRAMS

(a) In accordance with section 1-401(h), the Sec-retary shall develop a comprehensive programfor evaluation an agency’s occupational safetyand health program. To accomplish this, theSecretary shall conduct:

(1) A complete and extensive evaluation of allelements of an agency’s occupational safety andhealth program on a regular basis;

(2) Special studies of limited areas of an agen-cy’s occupational safety and health programs asdeemed necessary by the Secretary; and

(3) Field reviews and scheduled inspections of

agency workplaces as deemed necessary by theSecretary.

(b) The Secretary shall develop and distribute toFederal agencies detailed information on theDepartment of Labor’s evaluation program. Theinformation shall include, but is not limited to:

(1) The major program elements included in acomplete and extensive evaluation of an agen-cy’s occupational safety and health program;

(2) The methods and factors used to determinethe effectiveness of each element of an agency’sprogram;

32

OCCUPATIONAL SAFETY AND HEALTH 1960.80(b)(3)

(3) The factors used to define “large” or “morehazardous” Federal agencies, establishments,or operations;

(4) The procedures for conducting evaluationsincluding field visits and scheduled inspections;and

(5) The reporting format for agency heads insubmitting annual summaries of their self-evaluation programs.

(c) Prior to the initiation of an agency evaluation,and Department of Labor will review the annualagency self-evaluation summary report. The Sec-retary will then develop a program evaluationplan before the initiation of an agency evaluation.A copy of the plan shall be furnished to the agen-cy to be evaluated at the time of the notificationof the evaluation.

(d) To facilitate the evaluation process and to in-

sure full understanding of the procedures to befollowed and the support required from the agen-cy, the Secretary, or the Secretary’s representa-tive, shall conduct an opening conference with theagency head or designee. At the opening confer-ence, the Secretary’s authority and evaluationplan will be explained.

(e) The agency evaluation should be completedwithin 90 calendar days of the date of the openingconference.

(f) A report of the evaluation shall be submittedto the agency head by the Secretary within 90calendar days from the date of the closing confer-ence.

(9) Agency heads shall respond to the evaluationreport within 60 calendar days of receipt of thereport.

1960.8 1-l 960.83 (RESERVED)

SUBPART K-FIELD FEDERAL SAFETYAND HEALTH COUNCILS

1960.84-PURPOSE

(a) Executive Order 12196 provides that the Sec-retary shall “facilitate the exchange of ideas andinformation throughout the Government aboutoccupational safety and health.”

(b) Consistent with this objective, the Secretarywill continue to sponsor and/or provide guidancefor those Field Federal Safety and Health Coun-cils now established and in opt Ition, and estab-lish new field councils as nec,,sary. The field

councils will consist primarily of qualified repre-sentatives of local area Federal field activitieswhose duties pertain to occupational safety andhealth, and also of representatives of recognizedlocal labor organizations, or other civialian em-ployee organizations, at local area Federal fieldactivities. For the purpose of this subpart thedefinition of field activity will be provided byeach agency.

1960.85-ROLE OF THE SECRETARY

(a) The Secretary shall maintain liaison with agency heads to ensure that they encourage their

33 1960.85(a)

1960.85(a) OCCUPATIONAL SAFETY AND HEALTH______ -

field activities to participate actively in fieldcouncil programs. To ensure maximum participa-tion, the field councils’ annual reports to theSecretary shall shall provide descriptions of thedegree of management and employee participa-tion by the defined Federal field activities. TheSecretary shall annually furnish each agencyhead with a report consolidating the informationreceived as to the participation of the agency’sseveral field installations in field council activ-ities.

(b) The Secretary shall provide leadership andguidance and make available necessary equip-ment, supplies, and staff services to the FieldFederal Safety and Health Councils to assistthem in carrying out their responsibilities. TheSecretary shall also provide consultative andtechnical services to field councils. These serv-ices shall involve aid in any phase of developingand planning programs; and in sponsoring, con-ducting or supporting safety and health trainingcourses.

1960.86-ESTABLISHING CO’UNCILS

(a) Those field councils established and in opera-tion prior to the effective date of this subpart willcontinue to function without interruption pro-vided they are operating in accordance with theprovision of their charter and this subpart.

(b) The Secretary may establish a council in anyarea where ten or more Federal establishmentstotaling 300 or more employees are located withinan area having a radius of 50 miles, and there issubstantial agreement among the agencies thatsuch a council would be useful. In any such areawhere there is no council already established, afield representative of the Secretary may, uponhis own initiative or at the request of any estab-

lishment within the area, contact representativesof all establishments within the area and encour-age the organization of a.field council.

(c) After a new council has been organized, offi-cers elected, and articles of organization draftedand accepted by the council membership, a formalrequest for recognition as a field council shall besent to the Secretary. Upon approval of the Arti-cles of Organization, a charter will be issued.

(d) At the first general meeting of the council,committess should be appointed and the coopera-tion of all participants should be solicited to aidthe functioning of committees and the successfulaccomplishment of the council’s objectives.

1960.87-0BJECTIVES /

The basic objective of field councils is tofacilitate the exchange of ideas and informationto assist agencies to reduce the incidence, severi-ty and cost of occupational accidents, injuries,and illnesses. Field councils shall act on behalf ofthe Secretary or his designees on occupationalsafety and health activities in carrying out withintheir respective geographic areas the followingfunctions:

(b) To plan, organize and conduct field councilmeetings or programs which will give technicaladvice and information on occupational safety andhealth to representatives of participating agen-cies and employee organizations.

(c) To promote improvement of safety and healthprograms and organizations in each Federal agen-cy represented or participating in council activ-

(a)To act as a clearinghouse on information andities.

data on occupational accidents, injuries, and ill-nesses and their prevention.

(d) To promote coordination, cooperation, andsharing of resources and expertise to aid agencies

1960.87(d) 34

OCCUPATIONAL SAFETY AND HEALTH-- -.~--.------.-__.

with inadequate or limited resources. These ob-jectives can be accomplished in a variety of ways.For example, field councils could organize andconduct training programs for employee repre-sentatives, collateral duty and professional safetyand health personnel, coordinate or promote pro-grams for inspections, or, on request, conduct in-spections and evaluations of the agencies’ safetyand health programs.

(e) To provide Federal Executive Boards, Fed-eral Executive Associations, labor union organi-zations and other employee representatives with

196&87(d)

information on the administrative and technicalaspects of safety and health programs.

(f) To evaluate the safety and health problemspeculiar to local conditions and facilitate solutionsto these problems through council activities.

(g) To develop a cooperative relationship withlocal community leaders by informing them of theexisting functions and objectives of the counciland by calling on them for support and participa-tion in council meetings and activities.

1960.88-MEMBERSHIP AND PARTICIPATION

(a) Each field council shall consist of the desig-nated representatives of local Federal activities

(i) Where certified occupational safety and

appointed by their respective activity heads,health committees exist, nonmanagement

after consultation with appropriate employeemembers of the committees shall be giventhe opportunity to select one individual for

representatives and appropriate certified safetyand health committees,

official appointment to field councils by theactivity head.

(b) Federal agency heads should encourage eachfield activity having responsibility for the safetyand health of agency employees to participate inthe programs of these councils.

(c) Each activity head shall appoint an equalnumber of officially designated representatives(with designated alternates), from managementand from nonmanagement employees, consistentwith applicable collective bargaining arrange-ments.

(ii) Where employees are represented bycollective bargaining arrangements, but nocommittee exists, nonmanagement membersof field councils shall be selected from amongthose recommended by the exclusive bar-gaining representatives for official appoint-ment to field councils by the activity head.

(d) Representatives shall be selected from indi-viduals in the following categories:

(1) Federal occupational safety and healthprofessionals.

(2) Related Federal professionals, or collateralduty personnel. This includes persons em-ployed in professions or occupations related toor concerned with safety and health of em-ployees.

(iii) Where some employees in an activityare represented by collective bargaining ar-rangements and others are not, the agencyhead should solicit nominations for the agen-cy’s designated nonmanagement representa-tive and alternate both from lawful labororganization(s) with collective bargainingstatus and from employees not representedthrough collective bargaining and shouldselect from the nominees for official appoint-ment as designated employee representa-tives on the field council.

(3) Line management officials.

(A) Representatives of recognized Federallabor or other employee organizations.

(e) Representatives from non-Federal organiza-tions. Associate membership may be granted toany non-Federally employed person who demon-strated interest in occupational safety and health.An associate member has no voting rights andmay not hold any office.

35 1960.88(e)

1960.88(r) OCCUPATIONAL SAFETY AND HEALTH

(f) No maximum limitation shall be imposed by a (g) Only officially designated agency representa-council on itself, in regard to the numbers of per-sonnel in any of the above categories that may at-

tives or their alternates shall have voting priv-

tend meetings and/or participate in field councilileges. All representatives and participants shallserve without additional compensation.

activities. An agency is free to have any numberof individuals, in addition to the officially desig-nated representatives participate in council activ-

(h) Travel funds shall be made available equallyto management and nonmanagement employee

ities. representatives.

1960.89--ORGANIZATlON

(a) Field council officers shall include, as a mini-mum, a chairperson, vice chairperson, and sec-retary. Officers shall be elected for a one or two-year term on a calendar year basis by a majorityvote of the designated representatives. Electionof officers shall be held at least 60 days before thebeginning of a calendar year. The election may beconducted at a regularly scheduled meeting or byletter ballot.

(b) Each council shall notify the appropriateOSHA Regional Office and the Office of FederalAgency Safety and Health Programs of the name,agency address, and telephone number of eachnewly elected official.

(c) Each council shall have an Executive Commit-tee consisting of all elected officers, chairpersonsof appointed committees and the immediate pastchairperson of the field council.

(d) In addition to the Executive Committee, eachcouncil shall have either a membership commit-tee, a program committee and a finance commit-tee, or a council official designated responsibilityin these areas. Additional committees may be ap-pointed by the chairperson for specific purpose aswarranted.

1960.9O-OPERATlNG P R O C E D U R E S

(a) The Executive Committee of each councilshall meet at least 45 days before the beginning ofeach calendar year to approve an annual programfor the council ‘designed to accomplish the objec-tives and functions stated in § 1960.87. In addi-tion, the Executive Committee shall meet period-ically to ensure that the meetings and other activ-ities of the council are being conducted as out-lined in the council schedule.

(b) The council program shall include at leastfour meetings or activities per year dealing withoccupational safety and health issues.

(c) Each field council shall submit to theSecretary or his designee by March 15 of eachyear a report describing the activities and pro-

grams of the previous calender year and plans forthe current year. In addition, the report shall ad-dress the participation and attendance of desig-nated representatives of the council. The Office ofFederal Agency Safety and Health Programs,OSHA, shall furnish guidelines to field councilsconcerning the preparation of this report.

(d) Upon determination that a council is notoperating in accordance with its charter and theprovisions of this subpart, and after consultationwith appropriate OSHA regional officials, theSecretary shall revoke the council’s charter.Upon revocation of a charter, the council shallsurrender all its government property to the ap-propriate OSHA regional official. Any continuingor future organization in the same geographical

196030(d) 36

OCCUPATIONAL SAFETY AND HEALTH 1969.90(d)

area shall not use the title Field Federal Safetyand 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 identi-fiable, and to the appropriate OSHA RegionalOffice.

1960.9 1 -(RESERVED)

3 7 1969.91