OCCUPATIONAL SAFETY AND
      HEALTH FOR THE
    FEDERAL EMPLOYEE
U.S. ENVIRONMENTAL PROTECTION AGENCY
 OFFICE OF PLANNING AND MANAGEMENT
OCCUPATIONAL HEALTH AND SAFETY OFFICE
        WASHINGTON, D.C.

-------
                          TABLE OF CONTENTS


Introduction	j.

Williams-Steiger Occupational Safety and Health Act of 1970	3

United States Code Title 5	5

President's Memorandum to Heads of Executive Departments and
         Agencies	....7

President's Executive Order 11807, Occupational Safety and
         Health Programs for Federal Employees.	9

Title 29 Code of Federal Regulations Part 1960, Safety and
         Health Provisions for Federal Employees	11

Occupational Safety and Health Administration Standards	37

-------
                              INTRODUCTION
      This booklet contains various materials pertaining to the
Federal occupational safety and health program which is coordinated
by the Office of Federal Agency Safety Programs, Occupational Safety
and Health Administration, U.S. Department of Labor. This booklet will
inform the agency head, employees of the agency, and other interested
persons of the occupational safety and health protection provided for
the employees of the agency.

      The following is a brief synopsis of each piece of material in
this booklet:

        A. The Occupational Safety and Health Act of 1970 is the law
           requiring that safe and healthful workplaces be provided
           for all employees. Section 19 of the Act requires the head
           of each agency to establish and maintain an occupational
           safety and health program for its employees. It also
           requires the Secretary of Labor to report to the President
           on the Federal occupational safety and health program.

        B. Section 7902, Title 5, U.S. Code directs the head of each
           Federal agency to develop and support organized safety and
           health programs and to report to the Secretary of Labor
           any injuries and accidents that occur to their employees.

        C. The President's Memorandum to Agency Heads expresses his
           support for Che occupational safety and health program
           in the Federal government and transmits to them Executive
           Order No. 11807 and Title 29 of the Code of Federal Reg-
           ulations Part 1960.

        D. Executive Order No. 11807 defines the responsibilities
           and outlines the duties of the Secretary of Labor and each
           agency head as pertaining to the Federal occupational
           safety and health program. It also establishes the Federal
           Advisory Council on Occupational Safety and Health to
           assist the Secretary of Labor.

        E. Title 29 of the Code of Federal Regulations Part 1960,
           "Safety and Health Provisions for Federal Employees,"
           outlines specific requirements necessary for each agency
           to establish and maintain an occupational safety and health
           program.

-------
  THE OCCUPATIONAL  SAFETY AND HEALTH  ACT OF 1970
                     Public Law 91-596
                  91st Congress, S.  2193
                     December 29,  1970
                            3n Set
To assure safe and healthful working conditions for working men and women;
  by authorizing enforcement of the standards developed under the Act; by
  assisting and encouraging the States In their efforts to assure safe and health-
  ful working conditions; by providing for research, information, education, and
  training in the field of occupational safety and health; and for other purposes.

   Be it enacted by the Senate and Haute of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Occupational Safety and Health Act of 1970".
      KKDERAI, AOKXCY SAFETY I'ROQRAMB AND  IlESrONSirULlTlES

  SKC. 19. (A) It shall be the responsibility of the head of each Fed-
eral agency to establish and maintain an effective nnd comprehensive
occupational safety and health program which is consistent  with the
standards promulgated under section 6. The head of each agency shall
(after consultation with representatives of the employees thereof)—
       (1) provide safe and healthful places and conditions of employ-
    ment, consistent with the standards set under section 6;
       (2) acquire, maintain, and require the use of safety equipment,
    personal protective equipment, and devices reasonably necessary
    to protect em pi oyees;
       (3) keep adequate records of all occupational accidents and ill-
    nesses for proper evaluation and necessary corrective action;
       (4) consult with the Secretary with regard to the adequacy as
    to form and content of records kept pursuant to subsection (a) (3)
    of this section; and
       (5) make an annual report to the Secretary with respect to
    occupational accidents and injuries and  the agency's  program
    under this section. Such report shall include any report submitted
    under section 7902(e) (2) of title 5, United States  Code.
   (b) The Secretary shall report to the President a summary or digest
of reports submitted to him under subsection  (a) (5) of this section,
together with his  evaluations of and recommendations derived from
such reports. The President shall transmit annually to the Senate and
the House of Representatives a report of the activities of Federal
agencies under this section.
   (c)  Section 7902(c)(l) of title 5, United States Code, is  amended
by inserting after "agencies" the following: "and of labor organiza-
tions representing employees".
   (d) The Secretary shall have access to records and reports  kept
and filed by Federal agencies pursuant to subsections (a)  (3) and (5)
of this section unless those records and reports are specifically required
by Executive order to be kept secret in the interest of the national
defense or foreign policy, in which case the Secretary shall have access
to such information as will not jeopardize national defense or foreign
policy.

-------
                    TITLE 5 OF THE UNITED STATES CODE
Section 7902.  Safety Programs.

(a)  For  the purpose of  this  section—
       (1)  "employee" means an employee as defined  by  section  8101
of this title; and
       (2)  "agency" means an agency  in any branch of the Government
of the United  States, including  an  instrumentality wholly  owned by
the United States, and the government of the District of Columbia.

(b)  The  Secretary of Labor shall carry out a  safety  program  under
section 941(b) (1) of Title 33 covering the employment of each
employee  of an agency.

(c)  The  President may—
       (1) establish by Executive order a safety council composed
of representatives of the agencies  and of Labor organizations
representing employees to serve as  an advisory body to the Secretary
in furtherance of the safety  program carried out by the Secretary
under subsection (b) of this  section; and
       (2) undertake such other measures as he  considers proper to
prevent injuries and accidents to employees of the agencies.

(d)  The head of each agency  shall  develop and support organized
safety promotion to reduce accidents and injuries  among employees
of his agency, encourage safe practices, and eliminate work hazards
and health risks.

(e)  Each agency shall—
      (1) keep a record of injuries and accidents  to  its employees
whether or not they result in loss  of time or  in the  payment  or
furnishing of benefits; and
      (2) make such statistical or  other reports on such forms as
the Secretary may prescribe by regulation.
           (Public Law 89-554, Sept. 6, 1966, 80 Stat. 530)

-------
                     THE WHITE HOUSE

                        WASH INGTON

                              February 3,' 1975


MEMORANDUM TO THE HEADS OF EXECUTIVE DEPARTMENTS
   AND AGENCIES
I have issued this Executive Order to  strengthen  the
occupational safety and health programs  of  all  Federal
agencies.  It sets forth specific duties  for  the  heads
of Federal agencies to establish and maintain effective
occupational safety and health programs  in  these
agencies'.  It also authorizes the Secretary of  Labor
to assist in those duties  and to issue guidelines
tailored to individual agency needs.

As the Nation's  largest employer, the  Federal Government
must set an example in the maintenance of safe  and  health-
ful working conditions for its employees.   The  Federal
Government has reduced the rate of workplace  injuries
since 1965, but we cannot  be satisfied as long  as any
avoidable accidents or illnesses occur.
                   i
The purpose of the Occupational Safety and  Health Act of
1970 is to assure safe and healthful working  conditions
for all workers  in the Nation.  That Act contains special
provisions to afford  protection to Federal  employees.
It assigns responsibility  to the head  of each Federal
agency to maintain an effective and comprehensive program
consistent with  the standards issued by  the Secretary of
Labor for private employees.

The issuance of  this  Executive Order and the  attached
guidelines of the Secretary of Labor,  together  with forth-
coming actions by the Office of Management  and  Budget to
promote agency awareness of the budgetary aspects of  this
program, should  aid in your efforts to provide  safe and
healthful working conditions for the employees  of your
department or agency.  Only your personal attention can
ultimately achieve the goals we desire.   The  Secretary
of Labor stands  ready to assist you in your efforts.  I
look forward to  receiving  the evaluations of  the  Secretary
of Labor regarding your achievements under  the  new  Executive
Order and the guidelines issued by the Secretary.

-------
                                             EXECUTIVE ORDER 11807
          Occupational Safety and Health Programs
                  for Federal Employees

  As the Nation's largest employer, the Federal Government
has a special obligation to set an example for all employers by
providing a safe and healthful working  environment for its
employees.
  For more than three years,  the Federal  Government has
been seeking to carry out these solemn responsibilities under
the terms of Executive Order No. 11612, issued in 1971 and
based upon the authorities granted by the landmark Occupa-
tional Safety and Health Act of 1970 as well as section 7902(c) of
title 5, United States Code.
  Considerable progress has been achieved under the 1971 ex-
ecutive order, but it is now  clear that even greater efforts are
needed. It is therefore necessary that a new order be issued,
reflecting this Nation's  firm and renewed  commitment  to
provide exemplary working conditions for those devoted  to
public service.
  The provisions of this order are intended to ensure that each
agency head  is provided with all the guidance necessary  to
carry out an effective occupational safety and health program
within the  agency. Further, to keep the President abreast  of
progress, this order  provides for detailed evaluations of the
agencies' occupational safety and health programs by the
Secretary  of  Labor  and transmittal  of those evaluations,
together with agency comments, to the President. In addition,
the Federal Safety Advisory Council  on  Occupational Safety
and Health is continued because of its demonstrated value as an
advisory body to the Secretary of Labor.
  Experience  has shown that agency heads desire  and need
more detailed guidance from the Secretary of Labor to  make
their occupational safety and health programs more effective.
This order provides  that the Secretary of Labor shall  issue
detailed guidelines and provide such further  assistance as the
agencies may request.
  NOW, THEREFORE, by virtue of the authority vested  in me
by section 7902(c) (1) of title 5 of the United States Code, and  as
President of the United States, it is hereby ordered as follows:

                    Scope of This Order

  SECTION  1.   For the  purposes  of  this order,  the  term
"agency" means an Executive  Department, as defined in 5
U.S.C.   101,  or  any  employing  unit or authority  of the
Government  of the United States not  within  an Executive
Department. This order applies to all agencies of the Executive
Branch of the Government: and by  agreement between the
Secretary of Labor (hereinafter referred  to as the Secretary)
and  the  head of an  agency of the  Legislative  or Judicial
Branches of the Government, the provisions of this order may
be made applicable to such agencies. In addition, by agreement
between the Secretary of Labor and  the head of any agency.
and to the extent permitted by law, the provisions of this order
may be extended to employees of agencies who are employed in
geographic locations to which  the Occupational  Safety  and
Health Act of 1970 is not applicable.

                * luties of Heads of Agencies

  SEC. 2.  The head of each agency  shall, after consultation
with representatives of the employees thereof, establish and
maintain an occupational safety and health program meeting
the requirements of section 19 of the Occupational Safety and
Health Act (hereinafter referred  to as  the act). In  order  to
ensure that agency programs are consistent with the standards
prescribed by section 6 of the act, the head of each agency shall:
  (1)  Designate  or appoint, to  be responsible for the manage-
ment and administration of the agency occupational safety and
health program, an agency official with sufficient authority  to
represent effectively the interest and support of the agency
head.
  (2)  Establish an occupational  safety  and  health  manage-
ment information system, which shall include the maintenance
of such records of occupational accidents, injuries, illnesses and
their causes,  and the  compilation and  transmittal  of such
reports based upon  this information, as  the Secretary may
require pursuant to section 3 of this order.
  (3) Establish procedures for  the adoption of agency occupa-
tional safety and  health standards consistent  with  the  stand-
ards promulgated by the Secretary pursuant to section 6 of the
act; assure prompt attention to reports by employees or others
of unsafe or  unhealthful working conditions;  assure  periodic
inspections of agency workplaces by personnel with sufficient
technical  competence to  recognize  unsafe  and  unhealthful
working  conditions in  such workplaces; and assure prompt
abatement of unsafe or unhealthful working conditions, includ-
ing those involving facilities  and/or equipment furnished  by
another  Government agency,  informing the  Secretary   of
significant difficulties encountered in this regard.
  (4) Provide adequate safety  and health training for officials
at the different  management  levels, including supervisory
employees, employees responsible for  conducting occupational
safety and health inspections, and other employees. Such train-
ing shall include dissemination  of information concerning the
operation of the agency occupational safety and health program
and the means by which each such person may participate and
assist in the operation of that program.
  (5)  Submit to  the Secretary on  an annual basis a report
containing such information as the Secretary shall prescribe.
  (6) Cooperate  with and assist the Secretary of Labor in the
performance of his duties under section 19 of the act and section
3 of this order.
  (7)  Observe the  guidelines  published by  the  Secretary
pursuant to section 3 of this order, giving due consideration  to
the mission, size and organization of the agency.

-------
              Duties of the Secretary of Labor

  SEC.  3.  The Secretary  shall  provide  leadership  and
guidance to the  heads of agencies to assist them in fulfilling
their occupational safety and health responsibilities by, among
other means, taking the following actions:
  (1)   Issue detailed guidelines to assist agencies in establish-
ing and  operating  effective  occupational  safety and health
programs appropriate  to their individual missions, sizes, and
organizations.  Such guidelines shall reflect the requiement of
section 19 of  the act for consultation with  employee  rep-
resentatives.
  <2)   Prescribe recordkeeping and reporting requirements to
enable  agencies  to assist the  Secretary in  meeting  the
requirements imposed upon him by section 24 of the act.
  (3)   Provide such consultation to agencies as the Secretary
deems necessary and appropriate to ensure that agency stand-
ards adopted pursuant to section 2 of this order are consistent
with the safety and health standards adopted by the Secretary
pursuant to  section  6 of the act;  provide leadership and
guidance to agencies in the adequate occupational  safety and
health training of agency personnel; and facilitate the exchange
of ideas and  information throughout  the Government with
respect to matters of occupational safety  and health  through
such arrangements as the Secretary deems appropriate.
  (4)   Perform  for agencies,  where  deemed necessary and
appropriate,   the  following   services,  upon   request  and
reimbursement for the expenses thereof:   (a) evaluate agency
working  conditions,'  and  recommend to  the   agency  head
appropriate standards to be adopted pursuant to section 2 of
this order to ensure that such working conditions are safe and
healthful;  (b) conduct  inspections  to   identify  unsafe  or
unhealthful working conditions, and provide assistance to cor-
ject such conditions;   (c) train appropriate agency safety and
health personnel.
  (5)   Evaluate the occupational safety and health programs of
agencies, and  submit to the President reports of such evalua-
tions, together with agency responses thereto. These evalua-
tions shall be conducted at least once annually for agencies em-
ploying more tha 1,000 persons within the geographic locations
to which the act applies, and as  the Secretary  deems appro-
priate for all other agencies, through such headquarters or field
reviews as the Secretary deems necessary.
  (6)   Submit to the President each year a summary report of
the status of the Federal agency occupational safety and health
program, as well as analyses of individual agency progress and
problems in correcting unsafe and unhealthful working condi-
tions,  together  with  recommendations for  improving their
performance.

  Federal Advisory Council on Occupational Safety and Health

  SEC. 4. (a)  The Federal Advisory Council on Occupational
Safety and Health, established pursuant  to Executive Order
No. 11612, is hereby continued. It shall advise the Secretary in
carrying out responsibilities under this order. This Council shall
consist of fifteen members appointed by the Secretary and shall
include  representatives  of  Federal agencies  and of labor
organizations representing employees. At least five members
shall  be representatives of such  labor  organizations.  The
members shall serve for three-year terms with the terms of five
members  expiring each  year,  provided  that  this Council is
renewed every  two years  in  accordance with the Federal
Advisory  Committee  Act.  The  members of  the Federal
Advisory  Council on Occupational  Safety and Health  estab-
lished pursuant to Executive Order No. 11612 shall be deemed
to be its initial members under this order, and their terms shall
expire in accordance with the terms of their appointments.
   (b)   The  Secretary,  or  a  designee,  shall  serve  as   the
Chairman of the Council,  and shall prescribe such rules for the
conduct of its business as  he deems necessary and appropriate.
   (c)   The Secretary  shall  make available necessary office
space and furnish the Council necessary equipment, supplies,
and  staff services, and  shall  perform  such  functions with
respect to the Council as may be required by  the Federal
Advisory Committee Act.

              Effect on Other Powers and Duties

   SEC. 5. Nothing in this order shall be construed to impair or
alter the powers and duties  of the Secretary or heads of other
Federal agencies pursuant  to section 19  of the Occupational
Safety and Health Act of 1970, sections 7901, 7902, and 7903 of
title 5 of the United States Code, or any other provision of law.
nor shall  it be construed to alter the provisions of Executive
Order No. 11491, as  amended, Executive  Order No. 11636. or
other  provisions of  law  providing  for collective bargaining
agreements and procedures. Matters of official leave for  em-
ployee representatives involved in  activities pursuant  to  this
order  shall be determined  between each agency and these
representatives pursuant to the  procedures under Executive
Order No. 11491, as  amended, Executive Order No. 11636. or
applicable collective bargaining agreements.

               Termination of Existing Order

   SEC. 6. Executive Order No. 11612 of July 26,1971, is hereby
superseded.
 The White House
      September 28,1974,
  (Filed with ihe Office of the Federal Register, 1:30 p.m.. September 30, 1974)
                                                           10

-------
SAFETY AND HEALTH  PROVISIONS
FOR FEDERAL EMPLOYEES

PART 1960
Federal Register
Volume 39 • Number 197
PART IV
WEDNESDAY, OCTOBER 9, 1974
         DEPARTMENT OF LABOR
        OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
                    WASHINGTON, D.C.
           Office of Federal Agency Safety Programs

                      11

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                               REGULATIONS AND PROCEDURES
                                    PART 1960
          SAFETY AND HEALTH PROVISIONS FOR FEDERAL EMPLOYEES
                                   SUBPART A—GENERAL

         1960.1     Purpose and Scope of thi  part.
         1960.2     Definitions.

                 SUBPART B^RECORDKEEPING AND REPORTING REQUIREMENTS
                   FOR OCCUPATIONAL INJURIES, ILLNESSES AND ACCIDENTS

         1960.3     Purpose, scope and general provisions.
         1960.4     Record or log of Federal occupational injuries and illnesses.
         1960.5     Supplementary record of Federal occupational injuries and illnesses.
         1960.6     Quarterly and annual summaries of Federal occupational injuries and
                      illnesses.,                                         >•
         1960.7     Quarterly and  annual summaries of Federal occupational accidents.
         1960.8     Reporting of serious accidents.
         1960.9     Location and utilization of records and reports.
         1960.10     Access to records by Secretary of Labor.
         1960.11     Retention of records.
         1960.12     Plan of action.
         1960.13     [Reserved.]
         1960.14     [Reserved.]

                            SUBPART C—AGENCY ORGANIZATION

         1960.15     Purpose and scope.
         1960.16     Designated safety and health official.
         1960.17     Safety and  health committees.
         1960.18     Posting of  notice; availability of Act, this part, and details of the
                      agency/safety and health program.
         1960.19     Duties of agency officials and employees.
         1960.20-24  [Reserved.]

                 SUBPART D—PROCEDURES FOR INSPECTIONS AND ABATEMENT

         1960.25     Purpose, scope and general provisions.
         1960.26     Safety and  health inspectors; frequency of inspection.
         1960.27     Conduct of inspection.
         1960.28     Advance notice of inspections.
         1960.29     Representatives of  officials in  charge and representatives of
                      employees.
         1960.30     Consultation with employees.
         1960.31     Reports by employees of unsafe or unhealthful working conditions.
         1960.32     Imminent danger.
         1960.33     Notices of unsafe or unhealthful working conditions.
         1960.34     Correction of unsafe or unhealthful working conditions.
         1960.35-39  [Reserved.]
                                           13

-------
                                                               OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES
             SUBPART E—AGENCY OCCUPATIONAL SAFETY AND HEALTH STANDARDS

         1960.40    Purpose and scope.
         1960.41    Procedures for adoption.
         1960.42    Initial adoption of agency standards.
         1960.43    Adoption of different and/or supplementary agency standards.
         1960.44    Conflicting standards.
         1960.45    Emergency standards.
         1960.46    Access to standards.
         1960.47-49 [Reserved.]

                   SUBPART F—HELD FEDERAL SAFETY AND HEALTH COUNCILS

         1960.50    Purpose and scope.
         1960.51-59 [Reserved.]

         AUTHORITY: Sections 19 and 24 of the Occupational Safety
           and Health Act of 1970, 84 Stat. 1609, 1614, 29 U.S.C.
           668, 673 and the provisions of Executive Order 11807.
         SOURCE: The provisions of this Part 1960 appear at 39 F.R.
           36454, October 9, 1974 unless otherwise noted.
                                           14

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                                                   1960.1(a)
                                                             REGULATIONS AND PROCEDURES
                                 SUBPART A—GENERAL
             1960.1—PURPOSE AND SCOPE OF THIS  PART
 (a)  The primary purpose  of the Occupational
 Safety and Health Act of 1970 is to assure safe
 and  healthful working  conditions for  all
 employees in the Nation. While the enforcement
 procedures in sections 8, 9 and  related sections
 of the Act do not apply to  the Federal Govern-
 ment as an employer, Section 19 of the Act con-
 tains special provisions to  afford protection to
 Federal employees. Under  that section, it is the
 responsibility of the head of each  Federal
 agency to establish and maintain an effective
 and comprehensive  occupational  safety and
 health  program which is  consistent with the
 standard promulgated under section 6 of the
 Act. The Secretary of Labor has important re-
 sponsibilities in connection with  the Federal
 agency occupational safety  and health program,
 stemming from his duty under Section 19 to re-
 port to the President his  evaluations  and rec-
 ommendations with respect to the programs of
 the various agencies.  In addition, under Section
 24 of the Act, the Secretary is directed to de-
 velop and maintain an effective program of col-
 lection, compilation and analysis of occupational
 safety and  health  statistics. To carry out that
 mandate, private-sector employers are required
 to file reports with the Secretary. While these
 reporting requirements do  not apply to Federal
 agencies, the duties  which section 24 imposes
 upon the Secretary of Labor necessarily extend
 to the collection, compilation and analysis of oc-
 cupational safety and health statistics from the
 Federal Government, so that the Secretary may
 carry out the mandate of section 24 to conduct a
 comprehensive statistical program of job related
 injuries.

 (b) The earlier,Executive Order, No. 11612,  is-
 sued on July  26, 1971 to implement the provi-
 sions of section 19 of the Act, has been reconsid-
 ered in light of experience,  and a new Executive
 Order 11807 was issued on  September 28, 1974
 to replace it.  Under the new Executive Order,
 certain detailed responsibilities of the heads of
 agencies  are  set forth,  and the Secretary  of
 Labor is required to issue recordkeeping and re-
 porting regulations to carry out the provisions of
 Section 24 of the Act. In addition, the Secretary
is required to issue guidelines which the heads of
agencies are required to observe, taking into ac-
count the mission, size and organization of the
agency. The purpose of this part is to carry out
the requirements that the Secretary issue regu-
lations and guidelines for the safety and health
programs of the various federal  agencies.

(e)  Since, under section 24 of the Act and section
3(2) of the Order, the Secretary  is authorized to
prescribe requirements for the agencies with re-
spect to recordkeeping and reporting, the provi-
sions in Subpart B of this part  have  generally
been phrased in mandatory terms. The remain-
ing subparts are guidelines to the agencies to as-
sist them establish and operate effective safety
and health  programs. While the guidelines are
phrased in nonmandatory terms,  it should be
emphasized that under terms of the new Execu-
tive Order the heads of the agencies  are  re-
quired to  observe the guidelines, taking  into
consideration the mission, size and organization
of the agency. It is the ,view of the Secretary
that  these  guidelines  will  constitute  a
framework for a strong occupational safety and
health program for Federal employees.

(d) Under the new Executive Order the Secre-
tary is required to perform various services for
the agencies. Agencies are encouraged  to seek
the assistance of the Secretary as  needed to
comply with the guidelines of this part and to
otherwise operate effective safety and health
programs for their employees. In  addition, the
Secretary will seek, with the  cooperation of
agency heads, to establish permanent channels
between the Office  of Federal  Agency  Safety
Programs, Occupational Safety and Health Ad-
ministration, U.S. Department of Labor, and
Federal agencies to enable the purposes of this
part to be effectuated, including agreements
concerning the transmittal by agencies of infor-
mation needed by the Secretary as set forth
herein. Upon the request of an  agency, the Of-
fice of Federal Agency Safety Programs will re-
view proposed agency plans for the implementa-
tion of the provisions of this part in order to as-
sure that such plans are in conformity with the
                                            15

-------
1960.1(d)
                                                           OCCUPATIONAL SAFETY AND HEALTH
 REGULATIONS AND PROCEDURES
 intent ot these provisions. To further aid the im-
 plementation  of these guidelines, the Depart-
 ment of Labor will take steps to prepare and dis-
 tribute handbooks to assist  agencies in observ-
 ing the guidelines of the Secretary in accordance
 with individual  agency  missions, sizes and or-
 ganizations.

 (•)  The new Executive Order requires the
 heads of agencies to consult  with representa-
 tives of employees and to provide for employee
 participation  in  the operation of agency safety
 and health programs. This requirement reflects
 the provisions of section 19 of the Act. In order
 to provide agencies with some guidance in this
 regard, the  provisions of this part suggest
 specific  instances where participation by
 employees and their representatives is particu-
 larly important  in the operation of an agency's
 safety  and health program. Such participation
 by employees and  their  representatives is sepa-
 rate but consistent with the provisions of other
 Executive   Orders  dealing  with  labor-
 management  relations within the Federal  Gov-
 ernment.

 (f) The regulations and guidelines of this part
 are applicable only to Federal employees and do
 not apply  to  employees of  private  contractors
performing work under Government contracts,
regardless of whether such privately employed
workers perform  their duties  in Government-
owned or-leased  facilities,  with government
equipment, and together with government per-
sonnel. Protection of employees of private con-
tractors is assured under the  other provisions of
the Act. Although this part does not make provi-
sion for the inclusion of Federal contractors nor
their  employees in agency  safety and  health
programs, except as provided in § 1960.8 for re-
porting of serious accidents, safety and  health
programs  operated  pursuant to  this part will
offer  some incidental protection to  contractor
employees working with  Federal employees.
Some agencies may wish  to make further  ar-
rangements with such contractors to  promote
the safety and health of contractor employees
when they are engaged in joint operations with
Federal personnel. Agencies who wish to make
such  arrangements would be  well advised to
consult with their legal and budgetary personnel
in this' regard. Further, no  such arrangement
shall  operate to relieve Federal  contractors or
their employees of any rights or responsibilities
under the provisions of the Act,  including com-
pliance activities conducted by the Department
of Labor or other appropriate authority.
                             1960.2—DEFINITIONS
(a) "Act" means the Williams-Steiger Occupa-
tional Safety and Health Act of 1970 (Stat. 1590
et seq., 29 U.S.C. 651 et seq).

(b) The term "agency" for the purposes of this
part means an Executive Department,  as de-
fined in 5 U.S.C.  101, or any employing unit or
authority  of the government of the  United
States not within an Executive Department to
which the provisions of Executive Order 11807
are applicable.

(c) The term "employee" as  used in this part
means  any person employed  or otherwise suf-
fered,  permitted  or required to work  by an
"agency" as the latter term  is defined in para-
graph (b) of this section including non-civilian
personnel.
(d)  As used in Executive Order 11807, the term
"consultation  with representatives  of the
employees thereof shall include such consulta-
tion, conference, or negotiation with represen-
tatives of agency employees as is consistent with
Executive Order 11491, as amended, Executive
Order  11636, or other collective bargaining ar-
rangement. As used in this part, the term "rep-
resentative of employees" should be interpreted
with due regard for any obligation imposed by
the aforementioned Executive Orders and any
labor agreement that may cover the employees
involved.

(•)  The term "establishment" means a single
physical location where business is conducted or
where  services or operations are performed.
Where distinctly separate activities are per-
                                           16

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                                                   1960.2(e)
 formed at a single physical location, each activ-
 ity shall be treated as a separate establishment.

 (f) The term "reporting unit" means an estab-
 lishment,  except as otherwise agreed between
 the agency  and the  Office of Federal Agency
 Safety Programs, U.S.  Department of Labor.
 Any such agreement in effect prior to the prom-
 ulgation of this part shall remain in effect unless
 either party desires modification.

 (g) ^The term "designated safety and health offi-
 cial" means the individual who is responsible for
 the management  of the safety and health pro-
 gram  within his agency and is designated or ap-
 pointed by the head of the agency pursuant to
 § 1960.16 and the provisions of Executive Order
 11807.

(h) The term "safety and  health specialist"
means a person or persons who meet the Civil
 Service standards for Safety Manager/Specialist
GS-018, Safety Engineer GS-803, Fire Protec-
tion Engineer GS-804,  Industrial Hygienist
GS-690, Fire Protection  Specialist/Marshal
GS-081, Health  Physicist GS-1306, or equally
qualified military, agency or nongovernment
personnel.

(i) The term  "safety and  health inspector"
 means a safety and health  specialist  or  other
 person authorized pursuant to § 1960.26 of this
part to carry out  inspections for the purpose of
 Subpart D of this part.

(j) The  term "working days" means Mondays
through Fridays  (excluding Federal holidays),
or other appropriate authorized days of agency
operation.

(k) "Recordable  occupational  injuries or  ill-
nesses" are any occupational injuries or illnesses
which result in:

  (1)  Fatalities, regardless of the time between
  the  injury and death, or the length of the ill-
  ness; or

  (2)  Cases, other than fatalities,  that result in
  lost workdays; or

  (3)  Non-fatal  cases without  lost workdays
  which result in transfer to another job or ter-
  mination of  employment, or require  medical
                REGULATIONS AND PROCEDURES

  treatment (other  than  first  aid),  or involve
  loss of consciousness or restriction of work or
  motion.  This category also includes any diag-
  nosed occupational illnesses which are re-
  ported to the employer but are not classified
  as fatalities or lost workday cases.

(I) "Medical treatment" includes treatment ad-
ministered by a physician or by registered pro-
fessional personnel under the standing orders of
a physician. Medical treatment does not include
first aid treatment  even though provided  by a
physician or registered professional personnel.

(m) "First aid" is any one-time treatment, and
any followup visit for the purpose of observa-
tion, of minor scratches, cuts, burns, splinters,
and so forth, which do not ordinarily require
medical care. Such one-time treatment, and fol-
lowup visit for the purpose of observation, is
considered first aid even though provided  by a
physician or registered professional personnel.

(n) The!  term  "lost workdays" means the
number of  days the  employee would have
worked but could not because of occupational in-
jury or illness.' The number of  lost  workdays
should not include the day of injury. The number
of days includes all days (consecutive or not) on
which, because of the injury or illness:

  (1)  the  employee would  have worked but
  could not, or

  (2) the employee was assigned to a temporary
  job, or

  (3) the employee  worked at a permanent job
  less than full time, or

  (4) the employee worked at a permanently as-
  signed job but could not perform  all duties
  normally assigned to it.

    For employees not having a  regularly
  scheduled  shift,  i.e.,  certain truck drivers,
  construction workers, part-time employees,
  etc., it  may  be necessary to  estimate the
  number  of lost workdays. Estimates of lost
  workdays shall be based on prior work history
  of the  employee  and  days worked  by
  employees, not ill or injured, working in the
  agency and/or occupation of the ill or injured
  employee.
                                            17

-------
1960.3(a)
                                                          OCCUPATIONAL SAFETY AND HEALTH
 REGULATIONS AND PROCEDURES

         SUBPART B—RECORDKEEPING AND REPORTING REQUIREMENTS

            FOR OCCUPATIONAL INJURIES, ILLNESSES AND ACCIDENTS


      1960.3—PURPOSE, SCOPE AND GENERAL PROVISIONS
 (a) The purpose of this subpart is to establish
 uniform  requirements for  the  collection and
 compilation  by agencies of  occupational safety
 and health data, thereby assisting the Secretary
 of Labor in meeting the  requirement imposed
 upon  him by Section 24 of the Act to "develop
 and maintain an effective program of collection,
 compilation, and analysis of occupational safety
 and health statistics," and enabling agencies to
 establish occupational safety and health man-
 agement information systems pursuant to  the
 requirements of Executive Order 11807.

 (b)  In order to perform his duties under Section
 19 of  the Act and Executive Order 11807, par-
 ticularly with respect to providing the President
 with  current  information about the Federal
 agency safety and health  program, it is neces-
 sary that the Secretary be promptly informed of
 serious accidents involving agency employees as
 provided in  § 1960.8. Assistance to agencies in
 the investigation of such accidents is available
 pursuant to  the provisions of Executive Order
 11807, and  agencies  are urged to avail them-
 selves of such assistance.

 (c)  Each agency should seek to utilize the infor-
 mation collected through its  management infor-
 mation system to identify unsafe and unhealth-
 ful working conditions, and to establish program
 priorities. Assistance by the  Secretary of Labor
 in such matters is available to agencies pursuant
 to the provisions of Executive Order 11807. The
 guidelines in § 1960.9 of this subpart, which dis-
 cuss the  utilization of agency records and  re-
 ports, were developed to assist agencies to
 further joint  labor-management safety and
 health efforts in this regard.

 (d)  The Department  of Labor  shall provide
 Federal agencies with detailed instructions for
the  proper completion of the recordkeeping and
reporting forms specified  in §§ 1960.4, 1960.5,
 1960.6, and  1960.7, with which agencies shall
 comply.  The Department  of Labor shall also
 provide  agencies with sufficient copies  of all
 forms  necessary to record and  report the re-
 quired information.  Occupational  Safety and
 Health Administration (OSHA) Forms No.
 100F,  101F, 102F, 102FF, and instructions for
 their completion are hereby filed with the Office
 of the  Federal Register as part of the original
 document. Copies may also be inspected during
 regular business hours at the Office of Federal
 Agency Safety Programs, U.S.  Department of
 Labor, Washington, D.C. 20210.

 (e)  The provisions of this  subpart  are not in-
 tended to discourage agencies  from utilizing
 recordkeeping and reporting forms  which con-
 tain a more  detailed  breakdown of information
 than the  forms provided by the  Department of
 Labor, nor are they intended to  preclude  agen-
 cies from establishing accident,  injury and ill-
 ness subcategories within the coded categories
 established by the Department of Labor for the
 completion of its forms, provided that subtotals
 are provided for each coded category estab-
 lished by the Department of Labor.

 (f)  Information required to be submitted to the
 Department  of Labor by this subpart may be
 submitted on media  processable by electronic
 data processing equipment provided that such
 media comply with the requirements of the Of-
 fice of Federal Agency Safety Programs, U.S.
 Department  of Labor.

 (g)  Information concerning occupational  in-
juries,  illnesses or accidents which, pursuant to
 statute or Executive Order, must be kept secret
 in the interest of national defense or foreign pol-
 icy, shall be recorded on separate forms.  Such
 records shall not be submitted to the U.S. De-
 partment of  Labor, but may be used by the ap-
 propriate Federal agency  in evaluating the
 agency's  program  to  reduce occupational  in-
juries illnesses and accidents.
                                          18

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                                          !%0.4
-------
  l%0.7(a)
                                                        OCCUPATIONAL SAFETY AND HEALTH
  REGULATIONS AND PROCEDURES
       ] 960.7—QUARTERLY AND ANNUAL SUMMARIES OF
                 FEDERAL OCCUPATIONAL ACCIDENTS
 (a) Each  Federal agency, on a calendar year
 basis, shall compile both a quarterly and an an-
 nual summary of Federal occupational accidents
 for each reporting unit. OSHA Form No. T02FF
 shall be used for this purpose, and shall be com-
 pleted in the form and in the detail required by
 that form and the instruction contained therein.
 (b) Each quarterly summary and the  annual
 summary of Federal occupational accidents shall
 be completed and forwarded to the Department
 of Labor no later than 45 calendar days after the
 close of the applicable reporting period.
            1960.8—REPORTING OF SERIOUS  ACCIDENTS
 (a)  Within 2 working days after the occurrence
 of an employment accident which is fatal to one
 or more employees, which results in the hos-
 pitalization of five or more employees, or which
 involves property damage of $100,000 or more,
 or within 2 working days after the occurrence of
 a death which is the result of an employment ac-
 cident, the head of the Federal agency shall re-
 port the accident either by telephone or by tele-
 graph to the Secretary of Labor. The report
 shall relate the circumstances of the accident,
 any actions taken by the agency regarding the
 accident, the number of fatalities, and the ex-
 tent of any injuries. The agency head shall also
 report any employment accident involving both
 Federal and non-Federal  employees which re-
 sults in a fatality or the hospitalization of five or
 more such employees. The Secretary of Labor
 may require such additional reports, in writing
 or otherwise, as he deems necessary.

 (b) Agencies shall construe the term "employ-
 ment accident" in a liberal manner for the pur-
 poses of this section, and shall report such acci-
 dents even where there is some doubt as to the
 relationship between the accident and  the
 "course" or "scope" of employment activities.
 This requirement is necessary in order that the
 Secretary of Labor may meet his legal  obliga-
 tions, and the reporting of an  accident pursuant
 to this  section  therefore does not preclude an
 agency from making  separate  determinations
 regarding the circumstances of the accident as
 they may relate to administrative or legal pro-
 ceedings to establish liability for compensation.
               1960.9—LOCATION AND UTILIZATION
                      OF RECORDS AND  REPORTS.
(a) Section 2(b)(13) of the Act declares that one
of the purposes of the Act is to encourage joint
labor-management efforts to reduce injuries and
disease arising out of employment; and, as set
forth  in § 1960. l(e), the participation of all
employees and labor organizations representing
employees has  been  deemed particularly sig-
nificant in the success of a Federal agency's oc-
cupational safety and health program. The pro-
visions of this section, dealing with the availabil-
ity of information compiled pursuant to the pro-
visions of this subpart, are designed to guide
                                        20

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                                                   19«0.9(a)
 agencies in providing agency  employees and
 their representatives with the basic information
 necessary to assure  that they can actively par-
 ticipate in an agency safety and health program.
 The provisions of this section are also designed
 to encourage agencies to allow agency safety and
 health inspectors to have direct access to the ac-
 cident, injury and illness records of the estab-
 lishments they are inspecting in order that they

 may  better carry out their duties pursuant to
 Subpart D of this part.

 (b) The log and supplementary records required
 by §§  1960.4 and 1960.5 should be maintained at
 each  establishment.  Where, for reasons of effi-
 cient administration or practicality,  an agency
 must maintain these records at a place other
 than  at each establishment, such agency should
 ensure that there is  available at each establish-
 ment a copy of these records. The copy of the log
 so. maintained or made available at an establish-
 ment should reflect separately the injury and
 illness experience of that establishment. These
 records  should be complete and as current  as
 possible; in no case should more than  45  days
 elapse after the recording of an illness or injury
 occurring in an establishment and the availabil-
 ity of the records reflecting that injury or illness
 at that establishment.
  (1) For agencies engaged in activities such as
  agriculture, construction,  transportation,
  communications,  and  electric, gas and sani-
  tary services, which  may be physically dis-
  persed, the log and supplementary records, or
  copies thereof, may be mainained at a pjace to
  which employees report each day.

  (2) For personnel who do not primarily report
  or work at a single establishment, and who are
  generally not supervised in their daily work,
               REGULATIONS AND PROCEDURES

  such as traveling employees, technicians, en-
  gineers, etc., the log and supplementary rec-
  ords, or copies thereof, may be maintained at
  the location from which they are paid or the
  base from which personnel operate to carry
  out their activities,

(d)  Each Federal agency should post a copy of
the annual summary of Federal occupational in-
juries and illnesses  for  an establishment,  as
compiled pursuant to § 1960.6, at such estab-
lishment, no  later than 45 calendar days after
the close of the calendar year, or otherwise dis-
seminate a copy of the annual summary for an
establishment in written  form to all employees
of the establishment. Copies of the annual sum-
mary should be posted for a minimum of 30 con-
secutive days in a conspicuous place or places in
the establishment where notices to employees
are customarily posted.  Where  establishment
activities are  physically  dispersed, the notice
may  be  posted  at  the  location to  which
employees report each day. Where employees do
not primarily work at or report to a single loca-
tion,  the notice may be posted at the location
from  which the employees operate, to carry out
their,activities. Each Federal agency  should
take  any necessary steps to ensure  that such
summary is not altered, defaced, or covered by
other material.

(e)  The head of each agency should make provi-
sion to ensure the availability  of the records
maintained under this subpart to employees
and, with the  permission of the employees in-
volved, to representatives  of employees. Such
provision should be in accordance with other
applicable statutes and regulations,  and any
applicable collective bargaining agreements.

(f) Agency safety and  health inspectors should
have  access  to accident,  injury and illness  re-
cords  in accordance  with the provisions of
§ 1960.26(b).
    1960.10—ACCESS TO RECORDS BY SECRETARY  OF  LABOR
    The records required to be maintained under
  the provisions of this subpart shall be available
  and made accessible to the Secretary of Labor or
  his authorized representative (including per-
  sonnel of the National Institute for Occupational
  Safety and Health) unless such records are spe-
  cifically required by statute or Executive Order
  to be kept secret in the interest of national de-
 fense or foreign policy, in which case the Secret-
 ary of Labor shall have access to only such in-
 formation as will not jeopardize national defense
 or foreign policy. The Secretary of Labor or his
 authorized representative shall request access
 to such records from the head of the agency prior
 to examination.
                                             21

-------
 1960.11
            OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES
                 1960.11—RETENTION  Of RECORDS
  The records and reports required to be main-
tained under the provisions of this subpart shall
be retained by each agency for 5 years following
the end of the calendar year to which they re-
late, at any location including a Federal record
retention center,  to which the Secretary of
Labor or his  authorized representative would
have reasonable access.
                      1960.12—PLAN OF ACTION
  If it has not already done so by the effective
date of this  part,  e?.ch Federal  agency shall
submit the following information to the Depart-
ment of Labor no later than January 1, 1975 and
at such other times as changes occur:

(a)  A list of  the names  and addresses of each
Federal reporting unit which will be covered in
the  records and reports required by  this sub-
part.

(b)  The average number of full-time and part-
time personnel employed in each reporting unit
for which separate records and reports will be
maintained.

(c) A  brief description of any differences be-
tween an agency's internal recordkeeping and
reporting system and the recordkeeping and re-
porting system provided by this subpart.

  Any Federal agency created or  reorganized
after October 1,  1974 shall  submit an appro-
priate plan within sixty working days of com-
mencement of operations as a new entity.
                           1960.13 [RESERVED]
                           1960.14 [RESERVED]
                    SUBPART C—AGENCY ORGANIZATION
                   1960.15—PURPOSE AND SCOPE
(a) The provisions of this subpart have been de-  an effective and comprehensive occupational
veloped by the  Secretary of Labor to  provide  safety and health program.
guidance to agency heads in the management of
                                       22

-------
OCCUPATIONAL SAFETY AND HEALTH
                                     1960.15(b)
                                                              REGULATIONS AND PROCEDURES
 (b) Nothing in this subpart is intended in any
 way to modify the organization or the operation
 of an agency health services program conducted
 pursuant  to 5 U.S.C.  7901 and OMB  Circular
 A-72. Such a program can, however, contribute
 to the successful implementation of the occupa-
 tional safety and health program set  forth by
 this part, by providing for medical examina-
 tions, other health monitoring procedures, and
 the  maintenance of medical  records, where
agency  safety  and health standards adopted
pursuant to this part so require. The  Depart-
ment of Labor will cooperate with the Civil
Service  Commission and other appropriate au-
thorities and organizations to resolve problems
which arise in connection with the implementa-
tion of an agency occupational safety and health
program in relation to health services and other
personnel policies and programs.
     1960.16—DESIGNATED SAFETY AND HEALTH OFFICIAL
 (a)  Executive Order  11807 provides that  the
 head of each agency shall:     ,

  Designate or appoint, to be responsible for the manage-
 ment and administration of the agency occupational safety
 and health program, an agency official with sufficient au-
 thority to represent effectively the interest and support of
 the agency head.

 It is the considered judgment of the Secretary of
 Labor that  an official  of the rank of Assistant
 Secretary, or of equivalent rank or equivalent
 degree of responsibility, would  be of such sta-
 ture as to be able to fill such a position adequate-
 ly. It is also the considered judgment of the Sec-
 retary of Labor that in order for such official "to
 represent effectively the interest and support of
 the agency head," such official should have suffi-
 cient headquarters staff with necessary training
 and  experience, and who report directly and exc-
 lusively to such  official, to carry  out his func-
 tions under this part.

 (b) The  designated safety and health official
 should assist the agency head in establishing:

  (1) an occupational safety and health policy to
  carry out the provisions of section 19 of the
  Act,of Executive Order 11807;
  (2)  an organization and set of procedures that
  will effectively implement that policy by ob-
  serving the provisions of this part, consider-
  ing the  mission, size and organization of the
  agency;

  (3)  goals and objectives for reducing and
  eliminating occupational  accidents, injuries
  and illnesses;

  (4)  plans and procedures for evaluating the
  agency's occupational safety and health pro-
  gram effectiveness at all operational levels;
  and

  (5)  priorities with  respect to the factors
  which cause  occupational accidents, injuries
  and  illnesses so that appropriate corrective
  action can be taken.
(0  The designated  safety and health official
should assist the agency head in taking appro-
priate steps to  provide sufficient funds for
necessary safety and health staff, equipment,
material, and training required to ensure an ef-
fective agency occupational safety and health
program.
                                            23

-------
  1960.17
                                                        OCCUPATIONAL SAFETY AND HEALTH
 REGULATIONS AND PROCEDURES
            1960.17—SAFETY AND HEALTH  COMMITTEES
   The head of each agency should  provide for
 the establishment of agency safety and health
 committees, composed of representatives  of
 management  and  representatives  of the
 employees, at the national level, at the regional
 or comparable level, and at the establishment
 level, for the purpose of advising and assisting
 agency officials, at those respective levels, with
 respect to  their responsibilities under  the
 agency occupational safety and health program.
 Such committees may also include technical per-
 sonnel in accordance with the functions to be
 performed by a particular committee. Suggested
 functions of such committees are set forth in
 §§  1960.25{b) and 1960.41, but these are not exc-
 lusive.
    1960.18—POSTING OF NOTICE; AVAILABILITY OF ACT,
       THIS  PART, AND DETAILS  OF THE  AGENCY SAFETY
                         AND  HEALTH  PROGRAM
(a) Each agency should post and keep posted a
notice or notices informing employees of the
protections and obligations provided for in the
Act,  Executive Order  11807 and agency pro-
grams under this part.  The Department of
Labor will furnish a uniform poster to agencies.
Each agency  should add to this uniform poster,
or include in  its notice or notices, the details of
the agency's  procedures (established pursuant
to § 1960.31)  for reports by employees of possi-
ble unsafe or unhealthful working conditions of
which they have cognizance, the location where
employees  will be able to obtain information
about the  agency's  occupational safety and
health program, including specific agency occu-
pational safety and health standards, and relev-
ant information about any establishment safety
and  health committee.  Such  notice  or notices
should be posted by  the agency in each estab-
lishment in a conspicuous place or places where
notices to employees are  customarily  posted.
Such notices should not be altered, defaced, or
covered by other material, and should be kept up
to date. Agencies may also convey the informa-
tion required by this paragraph to employees by
other means, provided the  notice or notices are
also posted in accordance with this,paragraph.

(b) Copies of the Act, Executive Order, regula-
tions and guidelines published in this part, de-
tails  of the agency's safety and  health program
and applicable safety and health standards, or
summaries of any of the forgoing items, should
be made available upon request to employees or
employee representatives for review in the es-
tablishment where the employees are  employed
as soon as practicable and at a time mutually
convenient to the employees and employee rep-
resentatives and the agency.
  1960.19—DUTIES  OF AGENCY OFFICIALS AND  EMPLOYEES
(a) Each employee who exercises any supervis-
ory functions should comply with agency occupa-
tional safety and health standards and all rules,
regulations, and orders issued by the head of the
agency with jespect to the agency occupational
safety and health program. In addition, any such
employee who is the official in charge of an es-
tablishment should comply with any additional
rules, regulations or orders issued by the head
of the agency to implement  the provisions of
Subpart D of this part with respect to the par-
ticular duties of such an official in the identifica-
                                        24

-------
OCCUPATIONAL SAFETY AND HEALTH
 tion and  correction of unsafe or unhealthful
 working conditions.

 (b) Each  employee should comply with agency
 occupational safety and health standards and all
 rules, regulations, and orders issued by the head
 of the  agency which  are applicable to an
 employee's own actions and conduct; and each
 employee should report any unsafe or unhealth-
 ful working condition of which he becomes aware
 to employees who exercise supervisory  func-
 tions, or,  pursuant to the procedure established
 in accordance with the provisions of § 1960.31,to
 agency  safety and health officials.

 (e) The head of each agency should ensure that
 in any evaluation  of performance or potential,
 the excellence or culpable failure of each official
 in charge of an  establishment, supervisory
 employee, or other employee in the performance
 of his or her occupational safety and health re-
 sponsibilities be taken into consideration  in ac-
 cordance  with any applicable rules of the Civil
 Service Commission or other appropriate  au-
 thority.  Recognition of group or individual
               REGULATIONS AND PROCEDURES

superior performance should be encouraged.

(d) The head of each agency should ensure that
needed safeguards are included in the agency
occupational safety and health program to en-
sure that no employee is subject to restraint, in-
terference, coercion, discrimination or reprisal
by virtue of such employee's participation in the
agency occupational safety and health program,
including the filing of a report of an  unsafe or
unhealthful working condition, the initiation of
any proceeding under or  related to this prog-
ram, participation by comment or testimony in
such proceeding, or the  exercise by such
employee on behalf of himself or of others of any
other right afforded by section  19 of the Act,
Executive Order 11807, and the agency program
established pursuant to  this  part. These
safeguards should include procedures for the en-
forcement of these rights which should be con-
sistent with any rules and regulations of the
Civil Service Commission and of the agency in-
volved which  deal with  such matters of re-
straint, interference, coercion, discrimination or
reprisal.
                        1960.20—24—[RESERVED]
        SUBPART D—PROCEDURES FOR INSPECTIONS AND ABATEMENTS


    1960.25—PURPOSE, SCOPE  AND  GENERAL PROVISIONS
 (a) Executive Order 11807 provides that  the
 head of each agency shall:

 ***assure prompt attention to reports by employees or
 others of unsafe or unhealthful working conditions; assure
 periodic inspections of agency workplaces by personnel
 with sufficient technical competence to recognize unsafe
 and unhealthful working conditions in such workplaces; and
 assure prompt abatement of unsafe or unhealthful working
 conditions, including those involving facilities and/or
 equipment furnished by another Government agency, in-
 forming the Secretary of significant difficulties encoun-
 tered in this regard.
The purpose of this subpart is to provide guid-
ance to  agency heads  in  carrying out  these
duties.

(b) It is the general intent of these guidelines
that day to day responsibility for the inspection
and abatement activities to be carried out pur-
suant to the provisions of this subpart be dele-
gated by designated safety and health officials of
agencies to appropriate agency personnel qual-
ified for this purpose. The  Secretary of Labor
recognizes, however, that designated safety and
health officials may desire and should in fact re-
tain personal responsibility  for some day to day
agency safety and health activities. Appropriate
provisions has therefore been made in these
                                           25

-------
                                                           OCCUPATIONAL SAFETY AND HEALTH
 REGULATIONS AND PROCEDURES
guidelines for the direct exercise of responsibil-
ity by designated safety and health officials
where, as in §§  1960.31,  1960.32,  and 1960.34,
communication with the Secretary of Labor may
be involved.

(e)  Safety and health committees at the estab-
lishment and  higher levels, as described in
§ 1960.17, can play a significant role in assisting
the designated safety and health official and his
respective designees in  carrying out their safety
and health duties and the provisions of this sub-
part, as suggested by §§ 1960.26 (b), 1960.29(a)
and 1960.31(0. Such committees should be kept
informed of safety and health matters  within
their area of concern, as provided in §§ 1960.32,
1960.33(a) and  1960.34(c).

(d)  The provisions of this subpart are  not in-
tended to relieve agencies which occupy space
for which the General Services Administration
or another agency has assignment responsibility
from the duties imposed upon them by such oc-
cupancy, including  the  development and
maintenance of sound fire prevention programs
for such  facilities,  the conservation of services
and supplies,  the use of good housekeeping
methods, the preservation  of a good working
atmosphere, participation  in a Facility Self-
Protection  Plan  for  dealing  with  safety
emergencies, and payment of user charges.
Agencies providing safety and health services
pursuant to this subpart and which occupy space
for  which GSA  or another  agency  has  assign-
ment responsibility should  take note of those
services which  GSA or  the other agency pro-
vides for various levels of user charges, and ap-
propriate reimbursement provisions where the
agency performs the services for which GSA or
the other agency has responsibility.

(e)  Nothing in the provisions of this subpart is
intended to preclude arrangements between
agencies  for the exchange of information and
personnel necessary to carry  out  these provi-
sions.

(f) Executive Order 11807 authorizes assistance
to agencies by the Secretary of Labor,  upon re-
quest and  reimbursement for the expenses
thereof, in  the  training  of appropriate agency
safety and "health personnel, the conduct of in-
spections, and the abatement of unsafe or un-
healthful working conditions.  Agencies are en-
couraged to take advantage of such assistance,
particularly with respect to the investigation of
serious accidents.

(g)  The Secretary of Labor has determined that
in order  to successfully perform his consulta-
tion, evaluation and guidance functions pursuant
to Section 3 of Executive Order 11807, he needs
certain information from  each agency about spe-
cial problems that occur in agency inspection
and abatement activities. Accordingly,  agencies
should furni'sh the information requested in
§§ 1960.31, 1960.32 and 1960.34,  pursuant to ag-
reements with the Secretary concerning the
transmittal of information.
            1960.26—SAFETY  AND  HEALTH INSPECTORS;
                        FREQUENCY  OF INSPECTION
(a)  Executive Order 11807 requires that each
agency utilize as inspectors "personnel with suf-
ficient technical competence to recognize unsafe
or unhealthful working conditions" in the work-
places to be inspected. For workplaces there is
an increased risk of accident, injury or illness
due to the nature of the work performed, as in
the case of chemical or machine processes or
material-handling or loading operations, inspec-
tions should therefore be made by a safety and
health specialist, as defined in § 1960.2(h) of this
part. For workplaces where there is little risk
involved, inspections need not be made by a
safety and health specialist, but should be con-
ducted by a person having sufficient  training
and/or experience in the safety health  needs of
the workplaces involved to adequately carry out
the duties of an inspector as set forth in Execu-
tive Order 11807 and this subpart. Also inspec-
tors should be accompanied on  such inspections
by representatives of the official in charge of the
establishment being inspected,  and representa-
                                           26

-------
OCCUPATIONAL SAFETY AND HKALTH
                                                                                   l»60.26
-------
1960.28(a)
                                                         OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES
           1960.28—ADVANCE NOTICE OF INSPECTIONS
(a) Advance notice of inspections should not be
given to  the official in charge of an establish-
ment, except in the following situations:

  (1) in cases of apparent imminent danger, to
  enable  the official in charge of an1 establish-
  ment to abate the danger as quickly as possi-
  ble;

  (2) in circumstances where the inspection can
  most effectively be conducted after  regular
  business hours or where special preparations
  are necessary for an inspection;

  (3) where necessary to assure the presence of
  representatives of the official charge of the es-
  tablishment or representatives of employees,
  or the appropriate personnel needed to aid in
  the inspection; and

  (4) where required by security regulations.
(b)  In the situations described in paragraph (a)
of this section, advance notice of inspections
should be given only if authorized by the desig-
nated safety and health official or his designee,
except that in cases of apparent imminent
danger,  advance notice could be  given by the
safety and health inspector without such au-
thorization if the designated safety and health
official or his designee is not immediately avail-
able. When advance notice is given to the official
in charge of the establishment, it  should be his
responsibility to notify promptly, upon receipt
of this  information, the  representative of
employees  for the purposes  set  forth in
§ 1960.29.  Advance notice in any of the situa-
tions described in paragraph (a) of this section
should not be given  more than 24 hours before
the inspection is scheduled to be conducted, ex-
cept in unusual circumstances.
     1960.29— REPRESENTATIVES OF OFFICIALS  IN CHARGE
                AND  REPRESENTATIVES OF EMPLOYEES
(a) Safety and health inspectors should be in
charge of inspections  and  questioning of per-
sons. A representative of the official in charge of
an  establishment and a  representative of
employees under his supervision should be given
an opportunity  to accompany  the safety  and
health inspector during the physical inspection
of any workplace, both to aid the inspection and
to provide such representatives with more de-
tailed knowledge about any  existent or potential
unsafe or unhealthful working conditions. A
safety and health inspector should also arrange
for additional representatives of the official in
charge  and  additional representatives  of
employees to accompany him where he deter-
mines that such additional representatives will
further aid the inspection. A different represen-
tative of the official in charge  and a different
representative of employees may be allowed to
accompany the safety and health inspector dur-
ing each different phase of an inspection. The
members of an establishment's safety and health
committee, created pursuant to §  1960.17, may
act in the capacity of representatives  for the
purposes of this section if the committee and the
official in charge of the establishment so agree.

(b)  Safety and health inspectors should be au-
thorized to deny the right of accompaniment
under this section to any person whose  partici-
pation interferes with a fair and orderly inspec-
tion. With regard to facilities classified in the in-
terest of national security, only persons au-
thorized to have access to such facilities should
be allowed to accompany a safety and health in-
spector in such areas.
                                         28

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                                                 1960.30
                                                           REGULATIONS AND PROCEDURES
             1960.30—CONSULTATION WITH  EMPLOYEES
   Safety and health inspectors should consult
 with employees concerning matters of occupa-
 tional safety and health to the extent the inspec-
 tors deem necessary for the conduct of an effec-
 tive and thorough inspection. During the course
of an inspection, any employee  should be af-
forded an opportunity to bring to the attention
of the safety and health inspector any unsafe or
unhealthful  working condition which he has
reason to believe exists in the workplace.
        1960.31—REPORTS  BY EMPLOYEES  OF  UNSAFE OR
                 UNHEALTHFUL WORKING  CONDITIONS
 (a) The  purpose of this section  is to provide
 guidance in the establishment of a channel of
 communication  between agency employees and
 those with  responsibilities for safety and health
 matters which will assure prompt analysis and
 response to reports  of alleged unsafe  or un-
 healthful working conditions in accordance with
 the  requirements of Executive  Order  11807.
 Since many safety and health problems  can be
 eliminated  as soon as they are identified, the
 existence of this channel of communication is in-
 tended to supplement oral reports of unsafe or
 unhealthful working  conditions made  by
 employees  to their supervisors, not to act as a
 substitute  for such reports. At the same time.
 however, an employee should not be required to
 await the outcome of such an oral report before
 filing a written report pursuant to the provisions
 of this section. Nothing in this  section is  in-
 tended to interfere in any way with the prior,
 simultaneous or subsequent use of any employee
 of the grievance procedures established pur-
 suant  to Executive Order No.  11491,  as
 amended, Executive Order  11636, collective
 bargaining  agreement, or 5 CFR Part 771 (or
 military equivalent) as a means of requesting
 correction of alleged unsafe or unhealthful work-
 ing conditions.

 (b) Any  Employee  or  representative  of
 employees who  believes that an unsafe  or un-
 healthful working condition exists in any work-
 place where such employee is employed, should
 be authorized to request an inspection of such
 workplace by giving notice of the alleged unsafe
 or unhealthful working condition  to the  desig-
nated safety and health official, or to his desig-
nee for this purpose. Any such report should be
reduced to writing;  should set  forth with
reasonable particularity the grounds for the re-
port; and should be signed by the employee or
representative of employees.  Upon the request
of the person  making such report, the  desig-
nated safety and health official or his designee
for this purpose should not disclose the name of
such  person  or the  names of individual
employees referred to in the report  to anyone
other than authorized  representatives  of the
Secretary  of  Labor,  except as provided in
paragraph (c) of this section.  In the case of im-
minent danger situations, employees  should be
allowed to make reports first by telephone or
telegraph and reduce them to  writing as soon as
practicable thereafter.

(c) The designated safety and health official or
his designee should consider the report and de-
termine within 5 working days after receipt of
such  report whether  there are  reasonable
grounds to believe that the alleged unsafe or un-
healthful working condition exists. If he does so
determine, he  should cause an inspection to be
made as soon thereafter as possible to  determine
if such  alleged unsafe or unhealthful working
conditon does  in fact exist. If the  inspector is
unable to locate the alleged unsafe or unhealth-
ful working condition without the assistance of
the person who submitted the report; the desig-
nated safety and health official or his designee
may give the inspector the name of such person,
but he should  satisfy himself that the name of
the person submitting the report and  the names
                                          29

-------
 1960.31(0
                                                            OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES
of individual employees referred to in the report
will not be disclosed to anyone else. In the event
the employee report, whether oral or in writing,
describes an unsafe or unhealthful working con-
dition  which  may present imminent danger to
the safety  or health of employees, the desig-
nated safety  and health official or his designee
should make  an immediate determination as to
whether there are reasonable grounds to believe
that the  alleged unsafe or unhealthful working
condition exists; and if he does so determine, he
should cause an  immediate  inspection to be
made.

(d)   Inspections initiated pursuant to this sec-
tion need not  be limited to matters referred to in
the report  of an alleged unsafe or unhealthful
working  condition.  Prior to or during any in-
sepction of a workplace initiated pursuant to this
section, any employee employed in  such work-
place, or  representative of employees, should be
permitted to notify the safety and health inspec-
tor of any other unsafe or unhealthful working
condition which he has reason to believe exists
in such workplace.

(e)  If the designated safety and health official or
his designee determines  that  there are no
reasonable  grounds to believe an  unsafe or un-
healthful working condition exists,  or if an in-
spection  is made on the basis of a report alleging
such condition but  no  such condition is deter-
mined to exist, the employee or representative
of employees who filed the report should be so
notified in writing. The employee or representa-
tive of employees should be given an opportu-
nity for prompt and informal review of such de-
termination by appropriate officials,  including
final review by the designated safety and health
official. Any determination made during this re-
view process should be .in the form of a written
statement setting forth the reasons for such dis-
position. Employees and employee representa-
tives should be informed of these rights and pro-
cedures for review.

(f) The designated safety and health official may
utilize  as his designee for the purposes of this
section, where this section entitles a designee to
act on his behalf,  an appropriate safety and
health  committee created pursuant to § 1960.17,
but he should satisfy himself that the confiden-
tiality  of the identity of the persons  making or
named in  a report of an alleged unsafe or un-
healthful working condition will be adequately
preserved.

(g) Agencies should include in their procedures
a means for any employee or representative of
employees who filed a report alleging an unsafe
or unhealthful  working condition, and  who is
dissatisfied  with the final  disposition  by  the
agency, to contact in writing the Office of Fed-
eral Agency Safety Programs, U.S. Department
of Labor (with  a copy to the designated safety
and health official), describing in detail the en-
tire processing of the report of the alleged un-
safe or unhealthful working conditions and set-
ting forth his or her objections thereto. Each
such person should be notified of "such right by
the agency upon final disposition of his report.
The Office of Federal Agency Safety Programs,
pursuant  to § 1960.25(g), may request the
agency to submit a report  of its investigation,
and may arrange for an inspection of the alleged
unsafe or  unhealthful working condition if
necessary. Each agency should maintain its files
on such reports and their disposition intact for 5
years following the end of the calendar year to
which they relate, at any location, including a
Federal record retention center,  to  which  the
Secretary of  Labor or his authorized represen-
tative would have reasonable access.
                       1960.32— IMMINENT DANGER
  Whenever and as soon as a designated safety
and health official or his designee concludes on
the basis of an inspection  that  conditions or
practices exist in any place of employment which
could reasonably be expected to cause death or
serious physical harm immediately, or before
the imminence of such danger can be eliminated
through the normal  abatement procedures de-
scribed in §§ 1960.33 and 1960.34, he should in-
form the affected employees and official in
charge of the establishment of the danger. The
official in charge of the establishment, or a per-
son  empowered to act for  him in  his absence,
should undertake immediate abatement and the
                                           30

-------
 OCCUPATIONAL SAFETY AND HEALTH
                                     1960.32
withdrawal  of employees not necessary for
abatement of the dangerous conditions. In the
event the official in charge of the establishment
needs assistance to undertake full abatement, he
should promptly contact the designated safety
and health official and other responsible agency
officials,  who should assist  him. Pursuant to
§ 1960.25(g), the designated safety and health
               REGULATIONS AND PROCEDURES


official should inform the Secretary of Labor, as
soon as time permits, of any imminent danger
which  cannot be promptly and completely
abated. Agency safety and health committees
should  be informed of all relevant actions as soon
as time permits, as should representatives of the
employees.
                  1960.33—NOTICES  OF  UNSAFE OR
                UNHEALTHFUL WORKING CONDITIONS
(a)  Each agency should establish a procedure
for issuing notices of unsafe or unhealthful work-
ing conditions  discovered  upon inspection.
Notices should describe with particularity the
nature of the unsafe or unhealthful working con-
dition, including a reference  to the standard or
other requirement involved.  The notice should
also fix a reasonable time  for the abatement of
the unsafe or unhealthful working condition. A
copy of the notice should be sent to the official in
charge of the establishment, and to  the safety
and health committee of the establishment, if
any.

(b) If a notice of an unsafe or unhealthful work-
ing condition is issued as a result of a report filed
pursuant to § 1960.31, a copy  of the notice of the
unsafe or unhealthful working condition should
also be sent to the person who made such report
or notification.

(e) Upon receipt of any notice of an unsafe or
unhealthful working condition, the  official in
charge of an  establishment should immediately
post such notice, or copy thereof, unedited,  at or
near each place an unsafe or unhealthful working
condition referred  to  in the notice  exists or
existed. Where, because of the nature of the es-
tablishment operations, it is not practicable to
post the notice at or near each such place, such
notice should be posted, unedited, in a promi-
nent place where it will be readily observable by
all affected employees. For example, where es-
tablishment activities are physically dispersed,
thenotice may be posted at the location to which
employees report each day. Where employees do
not primarily work at or report to a single loca-
tion, the notice may be posted  at the location
from which the employees operate to carry out
their activities.  The official in charge of an es-
tablishment should take steps to  ensure that the
notice is not altered,  defaced,  or covered  by
other material.

(d)  Each notice of  an  unsafe  or unhealthful
working condition, or a copy thereof, should re-
main posted until  the  unsafe  or unhealthful
working condition has been  abated,  or for 3
working days, whichever is later.
                1960.34—CORRECTION OF UNSAFE OR
                UNHEALTHFUL  WORKING CONDITIONS
 (a) The  official in charge of an establishment
 should have primary responsibility for the cor-
 rection of unsafe or unhealthful working condi-
 tions brought to  his attention by any means.
Where a notice of an unsafe or unhealthful work-
ing condition has been issued pursuant to
§ 1960.33, abatement should be within the time
set forth in the notice.
                                          31

-------
1960.34(b>
                                                          OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES
(b) The procedures for correcting unsafe or un-
healthful  working conditions should include
reinspection, where practicable,  to  determine
whether the correction was made. If upon
reinspection, it appears that the correction was
not made, or was not carried out  in accordance
with an abatement plan  submitted pursuant to
paragraph  (c) of this section, the designated
safety and health official  should inform the head
of the agency for appropriate action, including
action  in  accordance with the provisions of
§ 1960.19(c).

(e) The official in charge of the establishment
should immediately submit an abatement plan to
the designated safety and health official, if in his
judgment  the abatement of  an unsafe or  un-
healthful working condition will not be possible
within  30 working days.  Such plan should con-
tain an explanation of the circumstances of  the
delay in abatement, a proposed timetable for  the
abatement, and a summary of steps being taken
in the interim to protect employees from being
injured  by the unsafe or unhealthful working
condition. A copy of the plan should be sent to
the safety and health committee of the estab-
lishment,  if any, for  appropriate comment and
assistance. If the estimated abatement time is
more than 60  working  days,  the  designated
safety and health official shall forward a copy of
the plan to the agency head who should convey it
to the  Secretary  of  Labor. The head of each
agency should inform the Secretary of Labor,
pursuant to §  1960.25(g) and at regular interval
to be determined by the Secretary in accordance
with the scope and extent of the risk to employee
safety and health involved, as  to the progress
made in carrying out the abatement  plan. Any
changes in an  abatement plan will require the
submission of a new plan in accordance with the
provisions of this section.
                          1960.35- 39—[ RESE RVED]
   SUBPART E—AGENCY OCCUPATIONAL SAFETY AND HEALTH STANDARDS
                     1960.40—PURPOSE AND SCOPE
  Executive Order 11807 requires that the head
of each Federal agency establish procedures for
the adoption of agency occupational safety and
health standards, and that these agency stan-
dards be "consistent" with the standards prom-
ulgated  by the Secretary of Labor pursuant to
section 6 of the  Act  and applicable to private
employment (hereinafter referred to as the Oc-
cupational Safety and Health Administration
(OSHA) standards).  For the  purposes of this
subpart, standards are "consistent" with OSHA
standards  if they  provide  protection  to
employees which is at least as effective, as the
protection provided by  the OSHA standards.
Executive Order  11807 requires the Secretary of
Labor to provide "such consultation to agencies
as he deems necessary and  appropriate to en-
sure" that agency standards are consistent with
OSHA standards. Specific assistance-to agencies
in the evaluation of working conditions and the
adoption of standards is available from the Sec-
retary of Labor pursuant to the provisions of
Executive Order 11807. The purpose of this sub-
part is to provide guidance to agencies as to all
aspects of standards adoption and application,
based upon the experience of the Secretary of
Labor in this regard, including guidance as to
the type of consultation that should be underta-
ken with the Secretary  of Labor prior  to the
adoption of various types of agency standards.
In carrying  out his  responsibilities under this
subpart, the Secretary of Labor shall have due
regard  for  the need of agencies to  move
promptly in  adopting agency safety and  health
standards.
                                          32

-------
OCCUPATIONAL SAFETY AND HEALTH
                                                           REGULATIONS AND PROCEDURES
                1960.41—PROCEDURES FOR ADOPTION
   Executive  order  11807 requires the head of
 each agency to establish procedures for the
 adoption of any agency occupational safety and
 health standards. These procedures should in-
 clude  special provisions for the adoption of
 emergency temporary agency standards pur-
 suant  to § 1960.45,  and which parallel those of
 section 6(c)of the Act. These procedures should
 also provide an opportunity for written comment
 by all interested persons.  Agency safety and
 health committees may play an active role in the
formulation and consideration of agency occupa-
tional safety  and  health standards,  as appro-
priate. Where employees of one or more Federal
agencies primarily report to work in an estab-
lishment, as  defined in § 1960.2(e),  which  is
physically  located  on an  establishment of
another agency, such employees should be con-
sidered as interested parties  with respect to the
actions of such other agency pursuant to this
subpart.
     1960.42— INITIAL ADOPTION  OF  AGENCY STANDARDS
(a)  In  the order to meet the requirements of
Executive Order 11807, agencies should proceed
to adopt agency standards as soon as possible,
pursuant to the provisions of § 1960.41 and this
section.

(b)  The OSHA standards should in most cases
be adopted as agency occupational safety and
health  standards unless an agency head deter-
mines that employees of the agency are not and
will not be exposed to working conditions  for
which an appropriate group of OSHA standards
have been promulgated (i.e., that specific sub-
parts of Parts 1910, 1915, 1916, 1917, 1918 and
1926 of this chapter are not relevant to agency
working conditions). Consultation with the Sec-
retary  of Labor will be available in this regard
and will consist of a review of an agency's own
evaluation of the nature of agency working con-
ditions, or such additional assistance as  is  re-
quested by an agency pursuant to the provisions
of Executive Order 11807.

(e) Where an agency has  already adopted, prior
to October 1,  1974 comprehensive agency occu-
pational safety and health standards for the pro-
tection of agency  employees  which are not
OSHA  standards, the head of such agency may
request the Secretary of Labor to consult with
him as to the appropriateness of readoption of
such standards  as the  agency occupational
safety and health standards required to be
adopted pursuant to the provisions of this sub-
part. Such a request should include copies of the
standards proposed to  be so readopted, ar-
ranged insofar as practicable  to correspond to
appropriate subparts of the OSHA  standards
contained in Parts 1910, 1915, 1916,  1917,  1918
and 1926 of this Chapter, and should also include
any other pertinent information.

(d)  Agencies  which traditionally adopt occupa-
tional safety and health standards as, and only
as, part of particular job operation descriptions
such as technical manuals, rather than as stand-
ards of  general applicability to all employees,
may request the Secretary of Labor  to consult
with them as to  the consistency of such stand-
ards with OSHA standards, and  as  to the ap-
propriateness of adoption of such standards pur-
suant to the provisions of this part.  Such a re-
quest should be accompanied by a description of
the system  utilized and its scope, proposals to
assure that such particular standards  are and
will be  as effective as  OSHA standards, and
proposals to assure the participation of all in-
terested persons in the adoption of such stand-
ards. Where the Secretary of Labor is unable to
determine whether such standards are fujly con-
sistent with OSHA standards, he shall consult
with the agency head as to the appropriate steps
he believes  necessary.
                                          33

-------
1960.43(a)
             OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES
            1960.43—ADOPTION OF DIFFERENT AND/OR
                SUPPLEMENTARY  AGENCY STANDARDS
 (a) The head of an agency, at any time after the
 adoption of standards pursuant to § 1960.42,
 may adopt  in place of particular standards
 adopted  pursuant to § 1960.42. such different
 standards as he determines are necessary and
 appropriate for specialized application  to  par-
 ticular working conditions  and other  related
 needs of the agency. Such standards shall be
 consistent with the equivalent OSHA standards
 in accordance with the provisions of the Execu-
 tive Order; and the head of such agency should
 consult with the Secretary of Labor prior to the
 adoption of such standards  so  as to allow the
 Secretary to provide such technical advice and
 guidance as may be necessary and appropriate in
 making such a determination.

 (b) The head of an agency, at any time, should
adopt such supplementary standards as he de-
termines are necessary and appropriate for ap-
plication to working conditions of agency
employees for which there exists no appropriate
OSHA standards. The head of such agency
should consult with the Secretary of Labor prior
to the adoption of such standards so as to allow
the  Secretary to inform the agency head of any
relevant matters of which he is aware.

(c) The head of each agency may revise, modify,
or revoke any agency occupational safety or
health standard, but such actions should be
taken in accordance with  the procedures estab-
lished under § 1960.41 and pursuant to other ap-
propriate provisions of this subpart.
                 1960.44—CONFLICTING STANDARDS
(a)  Where employees  of different  agencies
primarily  engage in joint  operations, and/or
primarily report to work or carry out operations
in the same establishment,  as  defined  in
§ 1960.2(e), the  heads of the agencies involved
should consult with each other and with the Sec-
retary of Labor  as to the resolution of any con-
flict or potential conflict between the occupa-
tional safety and health standards of the agen-
cies for the conduct of such joint operations and
/or the design of such facilities.

(b) Where the head of an agency is required  by
law to comply with requirements promulgated
by a  Federal authority  affecting the occupa-
tional safety and health of the employees of his
agency, such requirements  might conflict with
the agency  occupational  safety and health
standards adopted pursuant to this subpart; that
is, compliance with such requirement may make
simultaneous compliance with an agency occupa-
tional safety  and  health standard  impossible.
For example, standards issued by the General
 Services Administration pertaining to space for
 which it has assignment responsibility, pursuant
 to its statutory authority to conserve  and pro-
 tect such property, might create a conflict with
 the standards adopted pursuant to this part be-
 cause GSA standards pertain to certain aspects
 of fire safety and sanitation, as well as levels of
 illumination, heating, cooling, and gas consump-
 tion for government vehicles. In cases where
 compliance with standards  of another agency
 conflicts with the duty imposed upon the head of
 an agency to assure employee safety and health
 pursuant to Section 19 of the Act and Executive
 Order 11807, the head of such agency should in-
 form the head of the other Federal authority and
 the Secretary of Labor of such conflict, so that
 joint efforts to resolve the conflict may be un-
 dertaken.

 (e) Appropriate  employee representatives
 should be kept informed of any activities under-
 taken pursuant to this section.
                                         34

-------
OCCUPATIONAL SAFETY AND HEALTH
                                 1960.45(a)
                                                         REGULATIONS AND PROCEDURES
                  1960.45—EMERGENCY STANDARDS
 (o) In emergency situations, the Secretary of
 Labor will not have the time necessary to con-
 sider whether or not emergency temporary oc-
 cupational safety and health standards adopted
 by agencies are  "consistent" with  those
 emergency temporary OSHA standards promul-
 gated by the Secretary of Labor pursuant to sec-
 tion 6(c) of the Act. Therefore, in the event the
 Secretary of Labor does promulgate such  a
 standard, the head of each agency should adopt
 it without change, and should  immediately as-
 sure that any agency employees exposed to the
 unsafe  or unhealthful working condition in-
 volved receives the  protection provided for in
 such standard unless an emergency affecting the
 national  defense makes this impossible.  Such
standard should remain effective as an agency
standard until such time as the Secretary of
Labor promulgates a permanent standard and
the agency has completed procedures provided
for by this subpart for the adoption of an agency
occupational safety and health standard.

(b)  An agency head may also adopt emergency
temporary  agency occupational safety and
health standards when he deems such  action
necessary  for  the  protection of agency
employees  from  grave  dangers. Such agency
head should immediately inform the authorized
representatives of employees of the agency and
the Secretary of Labor of such action.
                   1960.46—ACCESS  TO STANDARDS
 (a) Each agency should notify the Secretary of
 Labor on a quarterly basis of the final adoption,
 revision,  modification,  or  revocation  of any
 agency occupational safety and health standard
 taken within the  current quarter, and make
 copies available to him upon request.

 (b) Where any incorporation  by references is
involved in promulgating, revising or modifying
any standard pursuant to this subpart, agencies
should follow the rules set forth in 1 CFR 51.6,
51.7, and 51.8. Difficulties in this regard should
be reported to the Secretaryxof Labor, who will
consult with the Director of the FEDERAL REG-
ISTER and then advise agencies in this regard.
                         1960.47-49—[RESERVED]
          SUBPART F—FIELD FEDERAL SAFETY AND HEALTH COUNCILS
                    1960.50—PURPOSE AND SCOPE
  Executive Order 11807 provides that the Sec-  health through such arrangements as he deems
retary of Labor shall "facilitate the exchange of  appropriate." The Secretary of Labor will estab-
ideas and information throughout  the Govern-  lish  and  continue Field  Federal  Safety and
ment with respect to matters of occupational and  Health Councils in the fulfillment of this provi-

                                       35

-------
1960.50
             OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS AND PROCEDURES

sion  with respect  to matters of occupational
safety and health on a local level. The councils
will consist of representatives of local area Fed-
eral agencies, and of labor organizations repre-
senting  employees  of local area Federal agen-
cies. The Secretary of Labor will provide  lead-
ership and guidance to the Field Federal Safety
and  Health Councils in  fulfilling their  respon-
sibilities,  and agency heads should ensure that
field units within an agency are officially rep-
resented  and actively  participate in the pro-
grams of these councils.
                         1960.51 -59—[RESERVED]
                                          36.

-------
          OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS
      Section 19 of the Occupational Safety and Health Act of 1970
requires that the head of each Federal agency maintain an effective
and comprehensive occupational safety and health program consistent
with the standards promulgated under Section 6 of the Act for the
private sector.

      OSHA has published occupational safety and health standards for
the maritime, construction, and general industry in the Federal Reg-
isters of June 19, 24, and 27, 1974, respectively. These standards are
revised periodically in the Federal Register.


      The standards have been published in an easier-to-use format
which is titled the Occupational Safety and Health Subscription Service.
This service not only includes the standards, but their interpretations,
and an updating service as the standards are revised. The service is
available from the Superintendent of Documents, Government Printing
Office, Washington, D.C. 20402. See the Subscription Service order
form on page 39 of this booklet for more information.
                                     37

-------
OCCUPATIONAL  SAFETY  AND  HEALTH
SUBSCRIPTION SERVICE
STANDARDS,  INTERPRETATIONS,
REGULATIONS,  AND  PROCEDURES
The safety and health standards and regulations under
the Williams-Steiger Occupational  Safety and Health
Act of 1970 are officially published in the Federal
Register.
This  subscription service supplements the Federal
Register  and  the  Code  of  Federal  Regulations
(29 CFR) by providing all of the standards, interpre-
tations, regulations, and procedures in an easy-to-use,
looseleaf form punched for a 3-ring binder.

Notices of changes and additions will be sent to sub-
scribers to keep the subscription service current.

The subscription service is set in larger type and over-
all format of the standards is improved. Section
numbers appear on the top of each  page.

Volume I  General Industry Standards
         and Interpretations        $21.00

Volume 11 Maritime Standards
         and Interpretations        $ 6.00

Volume III Construction Standards
         and Interpretations        $ 8.00

Volume IV Other Regulations
         and Procedures           $ 5.50

Volume V Field Operations Manual
         (formerly "Compliance      $ 8.00
         Operations Manual")-ap-
         proximate availability
         August 1974
Volume I-General Industry Standards (Part 1910)

• Fire protection

• Compressed gas and compressed air equipment

• Materials  handling and  storage

• Machinery and machine guarding

• Hand and portable powered tools and other hand-
  held equipment

• Welding, cutting, and brazing

• Powered platforms,  manlifts, and vehicle-mounted
  platforms

• Occupational health and environmental control

• Hazardous materials

• Personal protective equipment

• Electrical code

Volume 11-Maritime Standards

• Ship Repairing (Part 1915)

• Shipbuilding (Part 1916)

• Shipbreaking (Part 1917)

• Longshoring (Part 1918)

Volume Ill-Construction Standards (Part 1926)

Volume IV-Other Regulations and Procedures

• Procedures for State agreements

• State plans  for development and enforcement of
  State standards

• Inspections, citations, and proposed penalties
• Recording and reporting occupational injuries and
  illnesses

• Rules of practice for variances, limitations varia--
  tions, tolerances, and exemptions

• Rules of procedure for promulgating, modifying,
  or revoking occupational safety and health stand-
  ards

• Advisory committees on standards

• Safety and health provisions for Federal agencies

• Safety standards applicable to workshops and re-
  habilitation facilities assisted by grants

• Safety  and health standards for Federal service
  contracts

• Development and planning grants for occupational
  safety and health

• Occupational Safety  and Health Review Commis-
  sion

• NIOSH regulations

Volume V—Field Operations Manual

• Inspections

• Violations

• Penalties

• Field Reporting

• Citations
                                                                                                                      GPO : 19740-547-930

-------
2
<
               Ow
               B^k
o
                                  I-
                                  AUM
                                                                                                                     CE  c o
                                                                                                                     <  £ CM
                                                                                                                     u.  !E d
                                                                                                                        
                                                                                                                     MS
                                                                                                                     h: c/5
                                                                                                                     ss
                                                                                                                     o ~
                                                                                                                     DO
SUBSCRIPTION ORDER FORM
If more than one volume is ordered on this form, please anticipate a slight delay in processing.
Order forms received for single volumes will be processed more rapidly. This order form may be reproduced.
PLEASE ENTER MY SUBSCRIPTION FOR:
                                                                                Additional Postage for
                                                    Subscription Rate         Foreign Shipment (See Below)
                                                         $21.00
                                                         $ 6.00
                                                         $ 8.00
Volume (--General Industry Standards
Volume Il-Maritime Standards
Volume Ill-Construction Standards
Volume IV-Other Regulations & Procedures
Volume V—Field Operations Manual
                              Subtotals
                              Additional Postage
                              Total	
                                                           $ 5.50
                                                                                         $5.25
                                                                                         $1.50
                                                                                         $2.00
                                                                                         $1.50
                                                                                                                          2
                                                                                                                          8
                                                                                                                          <
                                                                                                                          i
  *No additional postage is required for mailing within the United States, its possessions, Canada, Mexico, and all Central and South
  American Countries except Argentina, Brazil, British Honduras, French Guiana, Guyana, and Surinam. For shipment to all other
  foreign countries include additional postage as quoted.
  PLEASE PRINT











N
AV
E -
FIRS'
f
i
r, L
AS
T














I

C
:or
/IP/s
iNV
NAM
E OR A
DO
ITI
ON
AL
AC
DP
ESJ
; L
ME


I








I





5TF
*EE
T A
DO








C
TY







RE
SS






SIX
ME











ZIP
CC
>OE

                                                                                           Remittance  Enclosed    (Make
                                                                                           check payable to Superintendent
                                                                                           of Documents)
                                                                                           Charge to my Deposit Account
                                                                                           No.		
                                                                                         MAIL ORDER FORM TO:
                                                                                         Superintendent of Documents,
                                                                                         Government Printing Office,
                                                                                         Washington, D.C.  20402
                                                                                                    GPO 880-713
                                                         40

-------