Part 29 CFR 1960 is not Optional Madison, Wisconsin June 9, 2010

Why Are We Here? 1.Review the Federal Job Safety and Health Poster for a Federal Agency 2.Review the requirements of Public Law Learn how Executive Order plays a role in occupational safety and health programs for federal agencies 4.Review the requirements of 29 CFR Learn the basic program elements for federal occupational safety and health programs

Agency Responsibilities Furnish to each employee employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm Comply with applicable regulations of OSHA Will respond to employees reports of hazards in the workplaces

Agency Responsibilities (con’t) Inspected each workplace annually Will post Notices of Unsafe or Unhealthful Working Conditions found during the inspections for a minimum of three working or days or until the hazard is corrected whichever is later Correct unsafe conditions in the workplace

Employee Responsibilities Shall comply with OSHA standards and your approved agency occupational safety and health standards, policies and directives Will use appropriate personal protective equipment and safety equipment provided by your agency Right to participate in your agency safety and health program Shall be authorized official time to participate in your agency safety and health program Shall have access to applicable OSHA standards and other recognized standards and regulations, agency policies and directives

Employee Responsibilities (con’t) Shall have access to accident, injury, illness statistics for your agency Shall have the right to report unsafe or unhealthful working conditions to appropriate officials and to request an inspection of the workplace Name of individual making the complaint will be kept confidential if requested Employees are protected from restraint, interference, coercion, discrimination, or reprisal for exercising any of their rights under the agency safety and health program

Responsible Officials Identify the Designated Agency Safety and Health Officer Identify the safety and health designee at this workplace Identify the contact telephone number and location of the safety and health designee Promote awareness of occupational safety and safety matters through the agency information channels

Public Law Occupational Safety and Health Act of 1970 –Amended 19 times as of January 1, 2004 –Some provisions of the OSH Act are effected by the enactment of, or amendments to other statues –Section 19(a) Shall be the responsibility of the head of each federal agency to establish and maintain an effective and comprehensive occupational safety and health program –Section 6 Consistent with the occupational safety and health standards

Executive Order Executive Order of February 26, 1980 –Scope –Heads of Agencies –Occupational Safety and Health Committee –Department of Labor

Executive Order con’t –Federal Advisory Council on Occupational Safety and Health –General Services Administration –General Provisions

29 CFR Part 1960 Subpart A - General Subpart B - Administration Subpart C - Standards Subpart D - Inspection and Abatement Subpart E – General Services Administration and Other Federal Agencies Subpart F - Occupational Safety and Health Committees

29 CFR Part 1960 Subpart G - Allegations of Reprisal Subpart H - Training Subpart I - Recordkeeping/Reporting Subpart J – Evaluation of Occupational Safety and Health Programs Subpart K – Field Federal Safety and Health Councils

Subpart B - Administration Agency Responsibilities –.8(a) is the general duty clause element for enforcing serious hazards that are not covered by a standard –.8(b) gives specific directions for all agencies to comply with applicable OSHA standards –.8(c) gives specific directions to all agencies to develop, implement, and evaluate an occupational safety and health program –.8(d) gives specific directions to all agencies to acquire, maintain, and require employees use of approved personal protective equipment and other safety equipment

Subpart B - Administration Evaluation of occupational safety and health performance –provides for accountability of managers and supervisors regarding agency’s occupational safety and health program Dissemination of occupational safety and health programs –.12(c) directs all agencies to post an agency occupational safety and health poster informing employees of the agency safety and health program

Subpart D – Inspection and Abatement Qualifications of safety and health inspectors and agency inspections –.25(a) the last sentence requiring that necessary equipment to conduct inspections be provided can be enforced in all agencies; the first part of the paragraph is general guidance –.25(c) first sentence requires each agency inspect each workplace annually. The remaining paragraph is general guidance

Subpart D – Inspection and Abatement Conduct of inspections –.26(b)(5) the first sentence gives specific imminent danger instructions to the inspector; rest of paragraph gives guidance in dealing with imminent dangers –.26(c)(1) This element direct how agencies handle agency inspection reports and notices of unsafe or unhealthful conditions

Subpart D – Inspection and Abatement Conduct of inspections –.26(c)(2) establish procedures to promptly disseminating the findings –.26(c)(3) post the notice in a prominent place and readily observable –.26(c)(4)posted notice remains posted until abated or for 3 working days

Subpart D – Inspection and Abatement Representatives of officials in charge and representatives of employees –.27(a) First sentence gives specific instructions that the safety and health inspector is in charge of an agency inspection Employee reports of unsafe or unhealthful working conditions –.28(d)(3) This element gives specific time frames for an agency to inspect employee reports of hazards

Subpart D – Inspection and Abatement Accident investigation –.29(b) This element directs all agencies to investigate accidents resulting in a fatality or hospitalization of thee or more employees –.29(d) This element requires agencies to include specific information on all investigative reports of accidents Abatement of unsafe or unhealthful working conditions –.30(a) ensures prompt abatement action

Subpart D – Inspection and Abatement Abatement of unsafe or unhealthful working conditions –.30(b) procedures to correct the hazards –.30(c) promptly prepare an abatement plan with participation of officials –.30(d) additional assistance from higher authority –.30(e) assistance from the General Services Administration

Subpart E - General Services Administration and Other Federal Agencies General provisions –gives specific directions to General Services Administration and other agencies that affect the safety and health programs of agencies in federally owned or leased buildings –.34(a) addresses owned or leased spaced

Subpart E – General Services Administration and Other Federal Agencies General Provisions –.34(b) shall establish and maintain a product safety program of supplies, equipment, and services provided –.34(c) DOD operates and maintains an automated systems to receive file, reproduce and make available MSDS to other agencies –.34(d) all Federal agencies shall use MSDS

Subpart F – Occupational Safety and Health Committees Committee organizations –.37(b) requires equal representation of management and non-management employees for those agencies who chose to have a certified Safety and Health Committee –.37(d) directs the safety and health committee chairperson alternate between management and non-management ands applies equally for those agencies who choose to have a Certified Safety and Health Committee

Subpart F – Occupational Safety and Health Committees Committee organizations –.37(e) requires that safety and health committees meet on a regular schedule and applies to those agencies who choose to have Certified Safety and Health Committee

Subpart H – Training Training of supervisors –.55(a) requires agencies to train all supervisory employees on the OSH Act, Executive Order 12196, and the agency safety and health program Training of safety and health specialist -.56(a) provides specific directions for training agency safety and health specialists

Subpart H - Training – Training of employees and employee representatives.59(a) – directs an agency to train employees on appropriate safety and health topics including specialized for specific tasks.59(b) directs an agency to train employee representatives both introductory and specialized courses

Subpart I - Recordkeeping The recording or reporting of a work-related injury or illness or fatality does not mean that the Federal agency or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for worker’s compensation or other benefits. The requirement of this Part does not diminish or modify in any way a Federal agency’s responsibilities to report or record injuries and illnesses as required by the Office of Workers Compensation Programs under the Federal Employees’ Compensation Act.

Subpart I - Recordkeeping comply with 29 CFR 1904 Recording and Reporting Injuries and Illnesses subparts C, D, E, and G –Recordkeeping forms and recordkeeping criteria –Other OSHA Injury and Illness Recordkeeping Requirements –Reporting Fatality, Injury and Illness Information to the Government –Definitions ‘establishment’ means a single physical location where business is conducted or where services are performed

Subpart I - Recordkeeping Complete and post Annual Summary –Log of Occupational injuries and Illnesses certification –Senior establishment management official signs –Head of the Agency for which the senior establishment management officials works –Any management official who is in the direct chain of command between the senior establishment management official and the agency head –Posting every calendar year

Subpart I - Recordkeeping 29 CFR 1904 Retention and Updating Older Forms –Federal Agencies must retain copies of the recordkeeping records under the old system for five years –Continue to provide access to the data –Compete an annual injury and illness summaries Reporting of Serious Accidents –Report to an Area Office an employee fatality within eight hours –Report to an Area Office hospitalization of three or more employees

Subpart I - Recordkeeping Agency Annual Report – required by Executive Order and the OSH Act –Guidelines for the report is provided by OSHA –Each agency submits their report to the Secretary of Labor by January 1 st –Secretary of Labor submits to the President buy October 1 st of each year a summary report on the status the occupational safety and health of Federal employees

Subpart J - Evaluation of Federal Occupational Safety and Health Programs – – 80 Agency heads shall develop and implement a program for evaluating the effectiveness of their agency program The shall conduct a comprehensive evaluation of each Federal agency’s occupational safety and health programs

Subpart K - Field Federal Safety and Health Council – Greater than ten establishments in a fifty mile radius Substantial agreement among the agencies a council would be useful Facilitate the exchange of ideas and information to assist agencies to reduce the incidence, severity and cost of occupational accidents, injuries, and illnesses Membership of equal management and non- management representatives Promote coordination, cooperation and sharing of information

Federal Agency Programs Additional Information OSHA Chicago Regional Office Federal Agency Program Officer Dennis McLaughlin OSHA Federal Agency Program Officers

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