cfr_sections
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56 rows where part_number = 1960 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:8.1.1.1.10.1.26.1 | 29 | Labor | XVII | 1960 | A | Subpart A—General | § 1960.1 Purpose and scope. | OSHA | [45 FR 69798, Oct. 21, 1980, as amended at 60 FR 34852, July 5, 1995] | (a) Section 19 of the Occupational Safety and Health Act (the Act) contains special provisions to assure safe and healthful working conditions for Federal employees. Under that section, it is the responsibility of the head of each Federal agency to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated under section 6 of the Act. The Secretary of Labor (the Secretary), under section 19, is to report to the President certain evaluations and recommendations with respect to the programs of the various agencies, and the duties which section 24 of the Act imposes on the Secretary of Labor necessarily extend to the collection, compilation and analysis of occupational safety and health statistics from the Federal Government. The role of the General Services Administration in this area stems from its duties as the Government's principal landlord and from its specific safety and health responsibilities under 41 CFR part 101, subchapter D, Federal Property Management Regulations. (b) Executive Order 12196, Occupational Safety and Health Programs for Federal Employees, issued February 26, 1980, prescribes additional responsibilities for the heads of agencies, the Secretary, and the General Services Administrator. Among other duties, the Secretary is required to issue basic program elements in accordance with which the heads of agencies shall operate their safety and health programs. The purpose of this part is to issue these basic program elements. Although agency heads are required to operate a program in accordance with the basic program elements, those elements contain numerous provisions which, by their terms, permit agency heads the flexibility necessary to implement their programs in a manner consistent with their respective missions, sizes, and organizations. Moreover, an agency head, after consultation with agency employees or their representatives and with appropriate safety and health committees may request the Secretary to c… | |||||
| 29:29:8.1.1.1.10.1.26.2 | 29 | Labor | XVII | 1960 | A | Subpart A—General | § 1960.2 Definitions. | OSHA | [45 FR 69798, Oct. 21, 1980, as amended at 49 FR 3078, Jan. 25, 1984; 50 FR 40269, Oct. 2, 1985; 51 FR 28378, Aug. 7, 1986; 69 FR 68804, Nov. 26, 2004; 78 FR 47190, Aug. 5, 2013] | (a) The term Act means the Occupational Safety and Health Act of 1970 (84 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 defined in 5 U.S.C. 101, or any employing unit of authority of the Executive Branch of the Government. For the purposes of this part to the extent it implements section 19 of the Act, the term agency does not include the United States Postal Service. By agreement between the Secretary of Labor and the head of an agency of the Legislative or Judicial Branches of the Government, these regulations may be applicable to such agencies. (c) The term agency liaison means an agency person appointed with full authority and reponsibility to represent the occupant agency management with the official in charge of a facility or installation such as a GSA Building Manager. (d) The term building manager means the person who manages one or several buildings under the authority of a Federal agency. For example, a building manager may be the GSA person who manages building(s) for GSA. (e) As used in Executive Order 12196, the term consultation with representatives of the employees thereof shall include such consultation, conference, or negotiation with representatives of agency employees as is consistent with the Federal Service Labor Management Relations Statute (5 U.S.C. 71), or collective bargaining or other labor-management arrangements. As used in this part, the term representative of employees shall be interpreted with due regard for any obligation imposed by the aforementioned statute and any other labor-management arrangement that may cover the employees involved. (f) The term Designated Agency Safety and Health Official means the individual who is responsible for the management of the safety and health program within an agency, and is so designated or appointed by the head of the agency pursuant to § 1960.6 and the provisions of Executive Order 12196. (g) The term employee as used in this part mea… | |||||
| 29:29:8.1.1.1.10.10.26.1 | 29 | Labor | XVII | 1960 | J | Subpart J—Evaluation of Federal Occupational Safety and Health Programs | § 1960.78 Purpose and scope. | OSHA | (a) The purpose of this subpart is to establish a comprehensive program for the evaluation of Federal employee occupational safety and health programs. This subpart includes the responsibilities of agency heads in conducting self-evaluations of the effectiveness of their occupational safety and health programs, and the responsibilities of the Secretary in evaluating the extent to which each agency head has developed and implemented agency programs in accordance with the requirements of Executive Order 12196 and this part. (b) Agency heads shall develop and implement a program for evaluating the effectiveness of their agency's occupational safety and health program. An annual summary report shall be submitted to the Secretary covering self-evaluations conducted during the previous year. (c) The Secretary shall conduct a comprehensive evaluation of each Federal agency's occupational safety and health program. Evaluations shall be conducted on a regular schedule to determine the performance levels of each agency's program. The Secretary shall submit to the President each year: A summary report of the status of the occupational safety and health of Federal employees; Department of Labor evaluations, together with agency responses, of individual agency progress and problems in correcting unsafe and unhealthful working conditions, and recommendations for improving agency's performance. | ||||||
| 29:29:8.1.1.1.10.10.26.2 | 29 | Labor | XVII | 1960 | J | Subpart J—Evaluation of Federal Occupational Safety and Health Programs | § 1960.79 Self-evaluations of occupational safety and health programs. | OSHA | Agency heads shall develop and implement a program of self-evaluations to determine the effectiveness of their occupational safety and health programs. The self-evaluations are to include qualitative assessments of the extent to which their agency safety and health programs are: (a) Developed in accordance with the requirements set forth in Executive Order 12196 and this part and, (b) Implemented effectively in all agency field activities. Agencies needing assistance in developing a self-evaluation program should contact the Secretary. | ||||||
| 29:29:8.1.1.1.10.10.26.3 | 29 | Labor | XVII | 1960 | J | Subpart J—Evaluation of Federal Occupational Safety and Health Programs | § 1960.80 Secretary's evaluations of agency occupational safety and health programs. | OSHA | [45 FR 69798, Oct. 21, 1980; 45 FR 77003, Nov. 21, 1980] | (a) In accordance with section 1-401(h), the Secretary shall develop a comprehensive program for evaluating an agency's occupational safety and health program. To accomplish this, the Secretary shall conduct: (1) A complete and extensive evaluation of all elements of an agency's occupational safety and health program on a regular basis; (2) Special studies of limited areas of an agency's occupational safety and health program as deemed necessary by the Secretary; and (3) Field reviews and scheduled inspections of agency workplaces as deemed necessary by the Secretary. (b) The Secretary shall develop and distribute to Federal agencies detailed information on the Department of Labor's evaluation program. The information shall include, but is not limited to: (1) The major program elements included in a complete and extensive evaluation of an agency's occupational safety and health program; (2) The methods and factors used to determine the effectiveness of each element of an agency's program; (3) The factors used to define “large” or “more hazardous” Federal agencies, establishments, or operations; (4) The procedures for conducting evaluations including field visits and scheduled inspections; and (5) The reporting format for agency heads in submitting annual summaries of their self-evaluation programs. (c) Prior to the initiation of an agency evaluation, the Department of Labor will review the annual agency self-evaluation summary report. The Secretary will then develop a program evaluation plan before the initiation of an agency evaluation. A copy of the plan shall be furnished to the agency to be evaluated at the time of the notification of the evaluation. (d) To facilitate the evaluation process and to insure full understanding of the procedures to be followed and the support required from the agency, the Secretary, or the Secretary's representative, shall conduct an opening conference with the agency head or designee. At the opening conference, the Secretary's authority and evaluation plan will be expl… | |||||
| 29:29:8.1.1.1.10.11.26.1 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.84 Purpose. | OSHA | (a) Executive Order 12196 provides that the Secretary shall “facilitate the exchange of ideas and information throughout the Government about occupational safety and health.” (b) Consistent with this objective, the Secretary will continue to sponsor and/or provide guidance for those Field Federal Safety and Health Councils now established and in operation, and establish new field councils as necessary. The field councils will consist primarily of qualified representatives of local area Federal field activities whose duties pertain to occupational safety and health, and also of representatives of recognized local labor organizations, or other civilian employee organizations, at local area Federal field activities. For the purpose of this subpart the definition of field activity will be provided by each agency. | ||||||
| 29:29:8.1.1.1.10.11.26.2 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.85 Role of the Secretary. | OSHA | (a) The Secretary shall maintain liaison with agency heads to ensure that they encourage their field activities to participate actively in field council programs. To ensure maximum participation, the field councils' annual reports to the Secretary shall provide descriptions of the degree of management and employee participation by the defined Federal field activities. The Secretary shall annually furnish each agency head with a report consolidating the information received as to the participation of the agency's several field installations in field council activities. (b) The Secretary shall provide leadership and guidance and make available necessary equipment, supplies, and staff services to the Field Federal Safety and Health Councils to assist them in carrying out their responsibilities. The Secretary shall also provide consultative and technical services to field councils. These services shall involve aid in any phase of developing and planning programs; and in sponsoring, conducting or supporting safety and health training courses. | ||||||
| 29:29:8.1.1.1.10.11.26.3 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.86 Establishing councils. | OSHA | (a) Those field councils established and in operation prior to the effective date of this subpart will continue to function without interruption provided they are operating in accordance with the provision of their charter and this subpart. (b) The Secretary may establish a council in any area where ten or more Federal establishments totaling 300 or more employees are located within an area having a radius of 50 miles, and there is substantial agreement among the agencies that such a council would be useful. In any such area where there is no council already established, a field representative of the Secretary may, upon his own initiative or at the request of any establishment within the area, contact representatives of all establishments within the area and encourage the organization of a field council. (c) After a new council has been organized, officers elected, and articles of organization drafted and accepted by the council membership, a formal request for recognition as a field council shall be sent to the Secretary. Upon approval of the Articles of Organization, a charter will be issued. (d) At the first general meeting of the council, committees should be appointed and the cooperation of all participants should be solicited to aid the functioning of committees and the successful accomplishment of the council's objectives. | ||||||
| 29:29:8.1.1.1.10.11.26.4 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.87 Objectives. | OSHA | The basic objective of field councils is to facilitate the exchange of ideas and information to assist agencies to reduce the incidence, severity and cost of occupational accidents, injuries, and illnesses. Field councils shall act on behalf of the Secretary or his designees on occupational safety and health activities in carrying out within their respective geographic areas the following functions: (a) To act as a clearinghouse on information and data on occupational accidents, injuries, and illnesses and their prevention. (b) To plan, organize and conduct field council meetings or programs which will give technical advice and information on occupational safety and health to representatives of participating agencies and employee organizations. (c) To promote improvement of safety and health programs and organizations in each Federal agency represented or participating in council activities. (d) To promote coordination, cooperation, and sharing of resources and expertise to aid agencies with inadequate or limited resources. These objectives can be accomplished in a variety of ways. For example, field councils could organize and conduct training programs for employee representatives, collateral duty and professional safety and health personnel, coordinate or promote programs for inspections, or, on request, conduct inspections and evaluations of the agencies' safety and health programs. (e) To provide Federal Executive Boards, Federal Executive Associations, labor union organizations and other employee representatives with information on the administrative and technical aspects of safety and health programs. (f) To evaluate the safety and health problems peculiar to local conditions and facilitate solutions to these problems through council activities. (g) To develop a cooperative relationship with local community leaders by informing them of the existing functions and objectives of the council and by calling on them for support and participation in council meetings and activities. | ||||||
| 29:29:8.1.1.1.10.11.26.5 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.88 Membership and participation. | OSHA | (a) Each field council shall consist of the designated representatives of local Federal activities appointed by their respective activity heads, after consultation with appropriate employee representatives and appropriate certified safety and health committees. (b) Federal agency heads should encourage each field activity having responsibility for the safety and health of agency employees to participate in the programs of these councils. (c) Each activity head shall appoint an equal number of officially designated representatives (with designated alternates), from management and from nonmanagement employees, consistent with applicable collective bargaining arrangements. (d) Representatives shall be selected from individuals in the following categories: (1) Federal occupational safety and health professionals. (2) Related Federal professionals, or collateral duty personnel. This includes persons employed in professions or occupations related to or concerned with safety and health of employees. (3) Line management officials. (4) Representatives of recognized Federal labor or other employee organizations. (i) Where certified occupational safety and health committees exist, nonmanagement members of the committees shall be given the opportunity to select one individual for official appointment to field councils by the activity head. (ii) Where employees are represented by collective bargaining arrangements, but no committee exists, nonmanagement members of field councils shall be selected from among those recommended by the exclusive bargaining representatives for official appointment to field councils by the activity head. (iii) Where some employees in an activity are represented by collective bargaining arrangements and others are not, the agency head should solicit nominations for the agency's designated nonmanagement representative and alternate both from lawful labor organization(s) with collective bargaining status and from employees not represented through collective bargaining and should select from … | ||||||
| 29:29:8.1.1.1.10.11.26.6 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.89 Organization. | OSHA | (a) Field council officers shall include, as a minimum, a chairperson, vice chairperson, and secretary. Officers shall be elected for a one or two-year term on a calendar year basis by a majority vote of the designated representatives. Election of officers shall be held at least 60 days before the beginning of a calendar year. The election may be conducted at a regularly scheduled meeting or by letter ballot. (b) Each council shall notify the appropriate OSHA Regional Office and the Office of Federal Agency Safety and Health Programs of the name, agency address, and telephone number of each newly elected official. (c) Each council shall have an Executive Committee consisting of all elected officers, chairpersons of appointed committees and the immediate past chairperson of the field council. (d) In addition to the Executive Committee, each council shall have either a membership committee, a program committee and a finance committee, or a council official designated responsibility in these areas. Additional committees may be appointed by the chairperson for specific purposes as warranted. | ||||||
| 29:29:8.1.1.1.10.11.26.7 | 29 | Labor | XVII | 1960 | K | Subpart K—Field Federal Safety and Health Councils | § 1960.90 Operating procedures. | OSHA | (a) The Executive Committee of each council shall meet at least 45 days before the beginning of each calendar year to approve an annual program for the council designed to accomplish the objectives and functions stated in § 1960.87. In addition, the Executive Committee shall meet periodically to ensure that the meetings and other activities of the council are being conducted as outlined in the council schedule. (b) The council program shall include at least four meetings or activities per year dealing with occupational safety and health issues. (c) Each field council shall submit to the Secretary or his designee by March 15 of each year a report describing the activities and programs of the previous calendar year and plans for the current year. In addition, the report shall address the participation and attendance of designated representatives of the council. The Office of Federal Agency Safety and Health Programs, OSHA, shall furnish guidelines to field councils concerning the preparation of this report. (d) Upon determination that a council is not operating in accordance with its charter and the provisions of this subpart, and after consultation with appropriate OSHA regional officials, the Secretary shall revoke the council's charter. Upon revocation of a charter, the council shall surrender all its government property to the appropriate OSHA regional official. Any continuing or future organization in the same geographical area shall not use the title Field Federal Safety and Health Council, or any derivation thereof, unless formally rechartered by the Secretary. Notification of revocation of a council's charter shall be sent to the chairperson, where identifiable, and to the appropriate OSHA Regional Office. | ||||||
| 29:29:8.1.1.1.10.2.26.1 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.6 Designation of agency safety and health officials. | OSHA | (a) The head of each agency shall designate an official with sufficient authority and responsibility to represent effectively the interest and support of the agency head in the management and administration of the agency occupational safety and health program. This Designated Agency Safety and Health Official should be of the rank of Assistant Secretary, or of equivalent rank, or equivalent degree of responsibility, and shall have sufficient headquarters staff with the necessary training and experience. The headquarters staff should report directly to, or have appropriate access to, the Designated Agency Safety and Health Official, in order to carry out the responsibilities under this part. (b) The Designated Agency Safety and Health Official shall assist the agency head in establishing: (1) An agency occupational safety and health policy and program to carry out the provisions of section 19 of the Act, Executive Order 12196, and this part; (2) An organization, including provision for the designation of safety and health officials at appropriate levels, with adequate budgets and staffs to implement the occupational safety and health program at all operational levels; (3) A set of procedures that ensures effective implementation of the agency policy and program as required by section 19 of the Act, Executive Order 12196, and the program elements of this part, considering the mission, size, and organization of the agency; (4) Goals and objectives for reducing and eliminating occupational accidents, injuries, and illnesses; (5) Plans and procedures for evaluating the agency's occupational safety and health program effectiveness at all operational levels; and (6) Priorities with respect to the factors which cause occupational accidents, injuries, and illnesses in the agency's workplaces so that appropriate corrective actions can be taken. (c) The agency head shall assure that safety and health officials are designated at each appropriate level with sufficient authority and responsibility to plan for and assur… | ||||||
| 29:29:8.1.1.1.10.2.26.2 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.7 Financial management. | OSHA | [45 FR 69798, Oct. 21, 1980, as amended at 78 FR 47190, Aug. 5, 2013] | (a) The head of each agency shall ensure that the agency budget submission includes appropriate financial and other resources to effectively implement and administer the agency's occupational safety and health program. (b) The Designated Agency Safety and Health Official, management officials in charge of each establishment, safety and health officials at all appropriate levels, and other management officials shall be responsible for planning, requesting resources, implementing, and evaluating the occupational safety and health program budget in accordance with all relevant Office of Management and Budget regulations and documents. (c) Appropriate resources for an agency's occupational safety and health program shall include, but not be limited to: (1) Sufficient personnel to implement and administer the program at all levels, including necessary administrative costs such as training, travel, and personal protective equipment; (2) Abatement of unsafe or unhealthful working conditions related to agency operations or facilities; (3) Safety and health sampling, testing, and diagnostic and analytical tools and equipment, including laboratory analyses; (4) Any necessary contracts to identify, analyze, or evaluate unsafe or unhealthful working conditions and operations; (5) Program promotional costs such as publications, posters, or films; (6) Technical information, documents, books, standards, codes, periodicals, and publications; and (7) Medical surveillance programs for employees. | |||||
| 29:29:8.1.1.1.10.2.26.3 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.8 Agency responsibilities. | OSHA | (a) The head of each agency shall furnish to each employee employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. (b) The head of each agency shall comply with the Occupational Safety and Health Administration standards applicable to the agency. (c) The head of each agency shall develop, implement, and evaluate an occupational safety and health program in accordance with the requirements of section 19 of the Act, Executive Order 12196, and the basic program elements prescribed in this part, or approved alternate program elements. (d) The head of each agency shall acquire, maintain, and require the use of approved personal protective equipment, approved safety equipment, and other devices necessary to protect employees. (e) In order to provide essential specialized expertise, agency heads shall authorize safety and health personnel to utilize such expertise from whatever source available, including but not limited to other agencies, professional groups, consultants, universities, labor organizations, and safety and health committees. | ||||||
| 29:29:8.1.1.1.10.2.26.4 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.9 Supervisory responsibilities. | OSHA | Employees who exercise supervisory functions shall, to the extent of their authority, furnish employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. They shall also comply with the occupational safety and health standards applicable to their agency and with all rules, regulations, and orders issued by the head of the agency with respect to the agency occupational safety and health program. | ||||||
| 29:29:8.1.1.1.10.2.26.5 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.10 Employee responsibilities and rights. | OSHA | (a) Each employee shall comply with the standards, rules, regulations, and orders issued by his/her agency in accordance with section 19 of the Act, Executive Order 12196, and this part which are applicable to his/her own actions and conduct. (b) Employees shall use safety equipment, personal protective equipment, and other devices and procedures provided or directed by the agency and necessary for their protection. (c) Employees shall have the right to report unsafe and unhealthful working conditions to appropriate officials. (d) Employees shall be authorized official time to participate in the activities provided for in section 19 of the Act, Executive Order 12196, this part, and the agency occupational safety and health program. | ||||||
| 29:29:8.1.1.1.10.2.26.6 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.11 Evaluation of occupational safety and health performance. | OSHA | Each agency head shall ensure that any performance evaluation of any management official in charge of an establishment, any supervisory employee, or other appropriate management official, measures that employee's performance in meeting requirements of the agency occupational safety and health program, consistent with the employee's assigned responsibilities and authority, and taking into consideration any applicable regulations of the Office of Personnel Management or other appropriate authority. The recognition of superior performance in discharging safety and health responsibilities by an individual or group should be encouraged and noted. | ||||||
| 29:29:8.1.1.1.10.2.26.7 | 29 | Labor | XVII | 1960 | B | Subpart B—Administration | § 1960.12 Dissemination of occupational safety and health program information. | OSHA | (a) Copies of the Act, Executive Order 12196, program elements published in this part, details of the agency's occupational safety and health program, and applicable safety and health standards shall be made available upon request to employees or employee representatives for review. (b) A copy of the agency's written occupational safety and health program applicable to the establishment shall be made available to each supervisor, each occupational safety and health committee member, and to employee representatives. (c) Each agency shall post conspicuously in each establishment, and keep posted, a poster informing employees of the provisions of the Act, Executive Order 12196, and the agency occupational safety and health program under this part. The Department of Labor will furnish the core text of a poster to agencies. Each agency shall add the following items: (1) Details of the agency's procedures for responding to reports by employees of unsafe or unhealthful working conditions, and to allegations of discrimination or reprisal due to participation in safety and/or health activities; (2) The location where employees may obtain information about the agency's occupational safety and health program, including the full text of agency occupational safety and health standards, and (3) Relevant information about any agency safety and health committees. Such posters and additions shall not be altered, defaced, or covered by other material. (d) A copy of the agency's poster shall be provided to the Secretary. If the agency needs assistance and advice on the content and development of the poster, such shall be requested of the Secretary prior to printing and distribution. (e) Agency heads shall promote employee awareness of occupational safety and health matters through their ordinary information channels, such as newsletters, bulletins and handbooks. | ||||||
| 29:29:8.1.1.1.10.3.26.1 | 29 | Labor | XVII | 1960 | C | Subpart C—Standards | § 1960.16 Compliance with OSHA standards. | OSHA | Each agency head shall comply with all occupational safety and health standards issued under section 6 of the Act, or with alternate standards issued pursuant to this subpart. In complying with section 6 standards, an agency may, upon prior notification to the Secretary, prescribe and enforce more stringent permissible exposure levels or threshold limit values and may require more frequent monitoring of exposures without recourse to the approval procedures for alternate standards described in § 1960.17. In addition, after consultation with employees and safety and health committees and prior notification to the Secretary, an agency may utilize the latest edition of a reference standard if it is more stringent than the section 6 standard. After notification, the Secretary may require the use of the approval procedures for alternate standards for any of the situations described in this paragraph. | ||||||
| 29:29:8.1.1.1.10.3.26.2 | 29 | Labor | XVII | 1960 | C | Subpart C—Standards | § 1960.17 Alternate standards. | OSHA | An agency head may apply an alternate standard where deemed necessary, and shall, after consultation with employees or their representatives, including appropriate occupational safety and health committees, notify the Secretary and request approval of such alternate standards. (a) Any request by the head of the agency for an alternate standard shall be transmitted to the Secretary. (b) Any such request for an alternate standard shall not be approved by the Secretary unless it provides equivalent or greater protection for affected employees. Any such request shall include: (1) A statement of why the agency cannot comply with the OSHA standard or wants to adopt an alternate standard; (2) A description of the alternate standard; (3) An explanation of how the alternate standard provides equivalent or greater protection for the affected employees; (4) A description of interim protective measures afforded employees until a decision is rendered by the Secretary of Labor; and (5) A summary of written comments, if any, from interested employees, employee representatives, and occupational safety and health committees. | ||||||
| 29:29:8.1.1.1.10.3.26.3 | 29 | Labor | XVII | 1960 | C | Subpart C—Standards | § 1960.18 Supplementary standards. | OSHA | (a) In addition to complying with emergency temporary standards issued under section 6 of the Act, an agency head shall adopt such emergency temporary and permanent supplementary standards as necessary and appropriate for application to working conditions of agency employees for which there exists no appropriate OSHA standards. In order to avoid any possible duplication of effort, the agency head should notify the Secretary of the subject matter of such standard when the development of the standard begins. (b) The agency head shall send a copy of the final draft of the permanent supplementary standard to the Secretary prior to official adoption by the agency, along with any written comments on the standard from interested employees, employee representatives, and occupational safety and health committees. If the Secretary finds the permanent supplementary standard to be adopted inconsistent with OSHA standards, or inconsistent with OSHA enforcement practices under section 5(a)(1) of the Act, the Secretary shall have 15 working days in which to notify the head of the agency of this finding. In such a case, the supplementary standard shall not be adopted, but the agency will be afforded an opportunity to resubmit a revised standard that is designed to provide adequate protection and is consistent with OSHA standards. Upon request of the agency head, the Secretary shall offer to the agency technical assistance in the development of the supplemental standard. | ||||||
| 29:29:8.1.1.1.10.3.26.4 | 29 | Labor | XVII | 1960 | C | Subpart C—Standards | § 1960.19 Other Federal agency standards affecting occupational safety and health. | OSHA | (a) Where employees of different agencies engage in joint operations, and/or primarily report to work or carry out operations in the same establishment, the standards adopted under § 1960.17 or § 1960.18 of the host agency shall govern. (b) There are situations in which the head of an agency is required to comply with standards affecting occupational safety and health issued by a Federal agency other than OSHA. For example, standards issued by the Federal Aviation Administration, the Department of Energy, or the General Services Administration may be applicable to certain Federal workplaces. Nothing in this subpart affects the duty of any agency head to comply with such standards. In addition, agency heads should comply with other standards issued by Federal agencies which deal with hazardous working conditions, but for which OSHA has no standards. (c) Although it is not anticipated that standards of other Federal agencies will conflict with OSHA standards, should such conflict occur, the head of the agency shall inform the other Federal agency and the Secretary so that joint efforts to resolve the issues may be undertaken. However, until conflicts are resolved, agencies shall comply with the more protective of the conflicting standards. | ||||||
| 29:29:8.1.1.1.10.4.26.1 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.25 Qualifications of safety and health inspectors and agency inspections. | OSHA | (a) Executive Order 12196 requires that each agency utilize as inspectors “personnel with equipment and competence to recognize hazards.” Inspections shall be conducted by inspectors qualified to recognize and evaluate hazards of the working environment and to suggest general abatement procedures. Safety and health specialists as defined in § 1960.2(s), with experience and/or up-to-date training in occupational safety and health hazard recognition and evaluation are considered as meeting the qualifications of safety and health inspectors. For those working environments where there are less complex hazards, such safety and health specializations as cited above may not be required, but inspectors in such environments shall have sufficient documented training and/or experience in the safety and health hazards of the workplace involved to recognize and evaluate those particular hazards and to suggest general abatement procedures. All inspection personnel must be provided the equipment necessary to conduct a thorough inspection of the workplace involved. (b) Each agency which has workplaces containing information classified in the interest of national security shall provide access to safety and health inspectors who have obtained the appropriate security clearance. (c) All areas and operations of each workplace, including office operations, shall be inspected at least annually. More frequent inspections shall be conducted in all workplaces where there is an increased risk of accident, injury, or illness due to the nature of the work performed. Sufficient unannounced inspections and unannounced follow-up inspections should be conducted by the agency to ensure the identification and abatement of hazardous conditions. (d) When situations arise involving multiple agencies' responsibilities for conditions affecting employee safety and health, coordination of inspection functions is encouraged. | ||||||
| 29:29:8.1.1.1.10.4.26.2 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.26 Conduct of inspections. | OSHA | [45 FR 69798, Oct. 21, 1980; 45 FR 77003, Nov. 21, 1980] | (a) Preparation. (1) Prior to commencement of the inspection, the Safety and Health Inspector shall be provided all available relevant information which pertains to the occupational safety and health of the workplace to be inspected, including safety and health hazard reports, injury and illness records, previous inspection reports, and reports of unsafe and unhealthful working conditions. (2) The Safety and Health Inspector shall determine in advance, where possible, the actual work procedures and conditions to be inspected, in order to have the proper equipment available to conduct an effective inspection. (b) Inspection. (1) For the purpose of assuring safe and healthful working conditions for employees of agencies, the head of the agency shall authorize safety and/or health inspectors: To enter without delay, and at reasonable times, any building, installation, facility, construction site, or other area, workplace, or environment where work is performed by employees of the agency; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any agency employee, and/or any agency supervisory employee, and/or any official in charge of an establishment. (2) If there are no authorized representatives of employees, the inspector shall consult with a reasonable number of employees during the walkaround. (3) When, in the opinion of the inspector, it is necessary to conduct personal monitoring (sampling) of employee's work environments, the inspector may request employees to wear reasonable and necessary personal monitoring devices, e.g., noise dosimeters and air sampling pumps, for periods determined by the inspector to be necessary for complete and effective sampling of the environment. (4) Upon request of the inspector, the employer shall encourage employees to wear… | |||||
| 29:29:8.1.1.1.10.4.26.3 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.27 Representatives of officials in charge and representatives of employees. | OSHA | (a) Safety and health inspectors shall be in charge of inspections and may interview any employee in private if the inspector deems it necessary. A representative of the official in charge of a workplace and a representative of employees shall be given an opportunity to accompany Safety and Health Inspectors during the physical inspection of any workplace, both to aid the inspection and to provide such representatives with more detailed knowledge of any existing or potential unsafe or unhealthful working conditions. The representative of employees shall be selected by the employees. Additional representatives of the official in charge and additional representatives of employees may accompany the Safety and Health Inspectors if it is determined by the inspector that such additional representatives will further aid the inspection. Different representatives of the employer and employees may be allowed to accompany the Inspector during each different phase of an inspection. (b) Safety and health inspectors shall be authorized to deny the right of accompaniment under this section to any person whose participation interferes with a fair and orderly inspection. (c) With regard to facilities classified in the interest of national security, only persons authorized to have access to such facilities shall be allowed to accompany a Safety and Health Inspector in such areas. (d) Safety and health inspectors shall consult with employees concerning matters of occupational safety and health to the extent deemed necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to bring to the attention of the Safety and Health Inspector any unsafe or unhealthful working condition which the employee has reason to believe exists in the workplace. | ||||||
| 29:29:8.1.1.1.10.4.26.4 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.28 Employee reports of unsafe or unhealthful working conditions. | OSHA | (a) The purpose of employee reports is to inform agencies of the existence of, or potential for, unsafe or unhealthful working conditions. A report under this part is not a grievance. (b) This section provides guidance in establishing a channel of communication between agency employees and those with responsibilities for safety and health matters, e.g., their supervisor, the agency safety and health officials, safety and health committees, safety and health inspectors, the head of the agency, or the Secretary. These channels of communication are intended to assure prompt analysis and response to reports of unsafe or unhealthful working conditions in accordance with the requirements of Executive Order 12196. Since many safety and health problems can be eliminated as soon as they are identified, the existence of a formal channel of communication shall not preclude immediate corrective action by an employee's supervisor in response to oral reports of unsafe or unhealthful working conditions where such action is possible. Nor should an employee be required to await the outcome of such an oral report before filing a written report pursuant to the provisions of this section. (c) Any employee or representative of employees, who believes that an unsafe or unhealthful working condition exists in any workplace where such employee is employed, shall have the right and is encouraged to make a report of the unsafe or unhealthful working condition to an appropriate agency safety and health official and request an inspection of such workplace for this purpose. The report shall be reduced to writing either by the individual submitting the report or, in the case of an oral notification, by the above official or other person designated to receive the reports in the workplace. Any such report shall set forth the grounds for the report and shall contain the name of the employee or representative of employees. Upon the request of the individual making such report, no person shall disclose the name of the individual making the repor… | ||||||
| 29:29:8.1.1.1.10.4.26.5 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.29 Accident investigation. | OSHA | [45 FR 69798, Oct. 21, 1980, as amended at 69 FR 68804, Nov. 26, 2004] | (a) While all accidents should be investigated, including accidents involving property damage only, the extent of such investigation shall be reflective of the seriousness of the accident. (b) In any case, each accident which results in a fatality or the hospitalization of three or more employees shall be investigated to determine the causal factors involved. Except to the extent necessary to protect employees and the public, evidence at the scene of an accident shall be left untouched until inspectors have an opportunity to examine it. (c) Any information or evidence uncovered during accident investigations which would be of benefit in developing a new OSHA standard or in modifying or revoking an existing standard should be promptly transmitted to the Secretary. (d) The investigative report of the accident shall include appropriate documentation on date, time, location, description of operations, description of accident, photographs, interviews of employees and witnesses, measurements, and other pertinent information. A copy of the investigative report required by this section shall be forwarded to the official in charge of the workplace, the appropriate safety and health committee, and the exclusive employee representative, if any. The investigative report shall be made available to the Secretary or his authorized representative on request. | |||||
| 29:29:8.1.1.1.10.4.26.6 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.30 Abatement of unsafe or unhealthful working conditions. | OSHA | [45 FR 69798, Oct. 21, 1980, as amended at 78 FR 47190, Aug. 5, 2013] | (a) The agency shall ensure the prompt abatement of unsafe and unhealthful conditions. Where a Notice of an Unsafe or Unhealthful Working Condition has been issued, abatement shall be within the time set forth in the notice, or in accordance with the established abatement plan. (b) The procedures for correcting unsafe or unhealthful working conditions shall include a follow-up, to the extent necessary, to determine whether the correction was made. If, upon the follow-up, it appears that the correction was not made, or was not carried out in accordance with an abatement plan prepared pursuant to paragraph (c) of this section, the official in charge of the establishment and the appropriate safety and health committee shall be notified of the failure to abate. (c) The official in charge of the establishment shall promptly prepare an abatement plan with the appropriate participation of the establishment's Safety and Health Official or a designee, if in the judgment of the establishment official the abatement of an unsafe or unhealthful working condition will not be possible within 30 calendar days. Such plan shall contain an explanation of the circumstances of the delay in abatement, a proposed timetable for the abatement, and a summary of steps being taken in the interim to protect employees from being injured as a result of the unsafe or unhealthful working condition. A copy of the plan shall be sent to the safety and health committee, and, if no committee exists, to the representative of the employees. Any changes in an abatement plan will require the preparation of a new plan in accordance with the provisions of this section. (d) When a hazard cannot be abated within the authority and resources of the official in charge of the establishment, that official shall request assistance from appropriate higher authority. The local safety and health official, any established committee and/or employee representatives, and all personnel subject to the hazard shall be advised of this action and of interim protective meas… | |||||
| 29:29:8.1.1.1.10.4.26.7 | 29 | Labor | XVII | 1960 | D | Subpart D—Inspection and Abatement | § 1960.31 Inspections by OSHA. | OSHA | (a) The Secretary or the Secretary's representatives are authorized to conduct, when the Secretary deems necessary, announced or unannounced inspections in the following situations: (1) Where an agency has not established occupational safety and health committees or where committees no longer operate in conformance to the requirements of subpart F of this part; (2) In response to a request from half the membership of record of any certified safety and health committee; and (3) In response to an employee's report of an imminent danger situation, where there is a certified committee, but where the Secretary determines that neither the agency nor the committee has responded to the employee. (b) The Secretary's inspectors or evaluators are authorized: to enter without delay, and at reasonable times, any building, installation, facility, construction site, or other area, workplace, or environment where work is performed by employees of the agency; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any employee, any supervisory employee, and/or any official in charge of an establishment. (c) The Secretary may also make scheduled inspections as an integral part of OSHA's evaluation of an agency's safety and health program in accordance with subpart J of this part. (d) OSHA inspections shall follow the general format set forth for agency inspections in other applicable parts of this subpart. | ||||||
| 29:29:8.1.1.1.10.5.26.1 | 29 | Labor | XVII | 1960 | E | Subpart E—General Services Administration and Other Federal Agencies | § 1960.34 General provisions. | OSHA | Within six months of the effective date of this part, the Secretary of Labor and the Administrator of the General Services Administration (GSA) shall initiate a study of conflicts that may exist in their standards concerning Federal buildings, leased space, products purchased or supplied, and other requirements affecting Federal employee safety and health. Both agencies shall establish and publish a joint procedure for resolving conflicting standards. All other Federal agencies that have authority for purchasing equipment, supplies, and materials, and for controlling Government space, as well as the leasing of space, shall also be subject to the requirements of this subpart, including publication of a procedure for resolving conflicting standards. (a) In order to assist agencies in carrying out their duties under section 19 of the Act, Executive Order 12196, and this part, the Administrator or the Administrator's designee shall: (1) Upon an agency's request, furnish for any owned or leased space offered to a Federal agency for occupancy: (i) A report of a recent pre-occupancy inspection to identify serious hazards or serious violations of OSHA standards or approved alternate standards, and (ii) A plan for abatement of the hazards and violations discovered; (2) Provide space which: (i) Meets any special safety and health requirements submitted by the requesting agency, and (ii) Does not contain either serious hazards or serious violations of OSHA standards or approved alternate standards which cannot be abated; (3) Repair, renovate, or alter, upon an agency's request, owned or leased space in a planned and controlled manner to reduce or eliminate, whenever possible, any hazardous exposure to the occupant agency's employees; (4) Accompany, upon request, the Secretary or the Secretary's designee on any inspection or investigation of a facility subject to the authority of the General Services Administration. Requests made for this purpose shall, whenever possible, be made at the GSA regional level in order t… | ||||||
| 29:29:8.1.1.1.10.5.26.2 | 29 | Labor | XVII | 1960 | E | Subpart E—General Services Administration and Other Federal Agencies | § 1960.35 National Institute for Occupational Safety and Health. | OSHA | (a) The Director of the National Institute for Occupational Safety and Health (NIOSH) shall, upon request by the Secretary, assist in: (1) Evaluations of Federal agency safety and health programs; (2) Investigations of possible safety and health hazards and (3) Inspections resulting from employee or committee reports of unsafe or unhealthful working conditions. (b) The Director of NIOSH shall provide a Hazard Evaluation (HE) program for Federal agencies. This program shall be designed to respond to requests for assistance in determining whether or not safety or health hazards are present in a Federal workplace. Requests for such Hazard Evaluations may be submitted to the Director by: (1) The Secretary of Labor; (2) The Head of a Federal agency; (3) An agency safety and health committee if half the committee requests such service; and (4) Employees who are not covered by a certified safety and health committee. (c) The Director of NIOSH may assist agencies by providing hazard alerts, technical services, training materials and conducting training programs upon request by an agency and with reimbursement. | ||||||
| 29:29:8.1.1.1.10.6.26.1 | 29 | Labor | XVII | 1960 | F | Subpart F—Occupational Safety and Health Committees | § 1960.36 General provisions. | OSHA | (a) The occupational safety and health committees described in this subpart are organized and maintained basically to monitor and assist an agency's safety and health program. These committees assist agencies to maintain an open channel of communication between employees and management concerning safety and health matters in agency workplaces. The committees provide a method by which employees can utilize their knowledge of workplace operations to assist agency management to improve policies, conditions, and practices. (b) Agencies may elect to establish safety and health committees meeting the minimum requirements contained in this subpart. Where such committees are not established or fail to meet the minimum requirements established by the Secretary, the Secretary is authorized by section 1-401(i) of Executive Order 12196 to conduct unannounced inspections of agency workplaces when the Secretary determines them necessary. | ||||||
| 29:29:8.1.1.1.10.6.26.2 | 29 | Labor | XVII | 1960 | F | Subpart F—Occupational Safety and Health Committees | § 1960.37 Committee organization. | OSHA | (a) For agencies which elect to utilize the committee concept, safety and health committees shall be formed at both the national level and, for agencies with field or regional offices, at appropriate levels within the agency. To realize exemption from unannounced OSHA inspections, an agency must form a committee at the national level and at any establishment or grouping of establishments that is to be exempt, keeping the Secretary advised of the locations and activities where such committees are functioning. (1) The principal function of the national level committee shall be to consult and provide policy advice on, and monitor the performance of, the agency-wide safety and health program. (2) Committees at other appropriate levels shall be established at agency establishments or groupings of establishments consistent with the mission, size and organization of the agency and its collective bargaining configuration. The agency shall form committees at the lowest practicable local level. The principal function of the establishment (or local) committees is to monitor and assist in the execution of the agency's safety and health policies and program at the workplaces within their jurisdiction. Any dispute over the meaning of the term “appropriate levels” shall be resolved by the Secretary. (b) Committees shall have equal representation of management and nonmanagement employees, who shall be members of record. (1) Management members of both national level and establishment level committees shall be appointed in writing by the person empowered to make such appointments. (2) Nonmanagement members of establishment level committees shall represent all employees of the establishment and shall be determined according to the following rules: (i) Where employees are represented under collective bargaining arrangements, members shall be appointed from among those recommended by the exclusive bargaining representative; (ii) Where employees are not represented under collective bargaining arrangements, members shall be dete… | ||||||
| 29:29:8.1.1.1.10.6.26.3 | 29 | Labor | XVII | 1960 | F | Subpart F—Occupational Safety and Health Committees | § 1960.38 Committee formation. | OSHA | [45 FR 69798, Oct. 21, 1980; 45 FR 77003, Nov. 21, 1980, as amended at 49 FR 3080, Jan. 24, 1984] | (a) Upon forming such committees, heads of agencies shall submit information to the Secretary concerning the existence, location, and coverage, in terms of establishments and population, of such committees, certifying to the Secretary that such committees meet the requirements of this subpart. The information submitted should include the name and telephone numbers of the chairperson of each committee, and should be updated annually as part of the annual report required by § 1960.74 to reflect any changes that may have occurred. (b) If, upon evaluation, the Secretary determines that the operations of a committee do not meet the requirements of this subpart, the Secretary shall notify the agency and identify the deficiencies to be remedied. If the agency does not satisfy the Secretary within 90 days that the committee meets the requirements of this subpart, the committee shall not be deemed a committee under Executive Order 12196 and this part. | |||||
| 29:29:8.1.1.1.10.6.26.4 | 29 | Labor | XVII | 1960 | F | Subpart F—Occupational Safety and Health Committees | § 1960.39 Agency responsibilities. | OSHA | (a) Agencies shall make available to committees all agency information relevant and necessary to their duties, except where prohibited by law. Examples of such information include, but are not limited to: The agency's safety and health policies and program; human and financial resources available to implement the program; accident, injury, and illness data; epidemiological data; employee exposure monitoring data; Material Safety Data Sheets; inspection reports; reprisal investigation reports; abatement plans; NIOSH hazard evaluation reports; and internal and external evaluation reports. (b) Agencies shall provide all committee members appropriate training as required by subpart H of this part. | ||||||
| 29:29:8.1.1.1.10.6.26.5 | 29 | Labor | XVII | 1960 | F | Subpart F—Occupational Safety and Health Committees | § 1960.40 Establishment committee duties. | OSHA | (a) The safety and health committee is an integral part of the safety and health program, and helps ensure effective implementation of the program at the establishment level. (b) An establishment committee formed under this subpart shall, except where prohibited by law: (1) Monitor and assist the safety and health program at establishments under its jurisdiction and make recommendations to the official in charge on the operation of the program; (2) Monitor findings and reports of workplace inspections to confirm that appropriate corrective measures are implemented; (3) When requested by the agency Safety and Health Official, or when the committee deems it necessary for effective monitoring of agency establishment inspection procedures, participate in inspections of the establishment; (4) Review internal and external evaluation reports and make recommendations concerning the establishment safety and health program; (5) Review, and recommend changes, as appropriate, to procedures for handling safety and health suggestions and recommendations from employees; (6) When requested by the Designated Agency Safety and Health Official, or when the committee deems it necessary, comment on standards proposed pursuant to the provisions of subpart C of this part; (7) Monitor and recommend changes, as required, in the level of resources allocated and spent on the establishment safety and health program; (8) Review agency responses to reports of hazardous conditions, safety and health program deficiencies, and allegations of reprisal; (9) Report their dissatisfaction to the Secretary if half a committee determines there are deficiencies in the establishment's safety and health program or is not satisfied with the agency's reports of reprisal investigations; and (10) Request the Secretary to conduct an evaluation or inspection if half the members of record are not satisfied with an agency's response to a report of hazardous working conditions. | ||||||
| 29:29:8.1.1.1.10.6.26.6 | 29 | Labor | XVII | 1960 | F | Subpart F—Occupational Safety and Health Committees | § 1960.41 National committee duties. | OSHA | National committees established under this subpart shall, except where prohibited by law: (a) Monitor performance of the agency safety and health program and make policy recommendations to the head of the agency on the operation of the program; (b) Monitor and assist in the development and operation of the agency's establishment committees. As the committee deems appropriate, monitor and review: Reports of inspections; internal and external evaluation reports; agency safety and health training programs; proposed agency standards; agency plans for abating hazards; and responses to reports of hazardous conditions; safety and health program deficiencies; and allegations of reprisal; (c) Monitor and recommend changes in the resources allocated to the entire agency safety and health program; (d) Report their dissatisfaction to the Secretary if half a committee determines there are deficiencies in the agency's safety and health program or is not satisfied with the agency's reports of reprisal investigations; and (e) Request the Secretary to conduct an evaluation or inspection if half the members of record are not satisfied with an agency's response to a report of hazardous working conditions. | ||||||
| 29:29:8.1.1.1.10.7.26.1 | 29 | Labor | XVII | 1960 | G | Subpart G—Allegations of Reprisal | § 1960.46 Agency responsibility. | OSHA | (a) The head of each agency shall establish procedures to assure that no employee is subject to restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthful working condition, or other participation in agency occupational safety and health program activities, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by section 19 of the Act, Executive Order 12196, or this part. These rights include, among other, the right of an employee to decline to perform his or her assigned task because of a reasonable belief that, under the circumstances the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures established in accordance with this part. (b) Based on the Secretary's evaluation of agencies' procedures for protecting employees from reprisal, the Secretary shall report to the President by September 30, 1982 his findings and recommendations for improvements in procedures for the investigation and resolution of allegations of reprisal. | ||||||
| 29:29:8.1.1.1.10.7.26.2 | 29 | Labor | XVII | 1960 | G | Subpart G—Allegations of Reprisal | § 1960.47 Results of investigations. | OSHA | Each agency shall keep occupational safety and health committees advised of agency activity regarding allegations of reprisal and any agency determinations thereof. Agency officials shall provide copies of reprisal investigation findings, if any, to the Secretary and to the appropriate safety and health committee. | ||||||
| 29:29:8.1.1.1.10.8.26.1 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.54 Training of top management officials. | OSHA | Each agency shall provide top management officials with orientation and other learning experiences which will enable them to manage the occupational safety and health programs of their agencies. Such orientation should include coverage of section 19 of the Act, Executive Order 12196, the requirements of this part, and the agency safety and health program. | ||||||
| 29:29:8.1.1.1.10.8.26.2 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.55 Training of supervisors. | OSHA | (a) Each agency shall provide occupational safety and health training for supervisory employees that includes: supervisory responsibility for providing and maintaining safe and healthful working conditions for employees, the agency occupational safety and health program, section 19 of the Act, Executive Order 12196, this part, occupational safety and health standards applicable to the assigned workplaces, agency procedures for reporting hazards, agency procedures for reporting and investigating allegations of reprisal, and agency procedures for the abatement of hazards, as well as other appropriate rules and regulations. (b) This supervisory training should include introductory and specialized courses and materials which will enable supervisors to recognize and eliminate, or reduce, occupational safety and health hazards in their working units. Such training shall also include the development of requisite skills in managing the agency's safety and health program within the work unit, including the training and motivation of subordinates toward assuring safe and healthful work practices. | ||||||
| 29:29:8.1.1.1.10.8.26.3 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.56 Training of safety and health specialists. | OSHA | (a) Each agency shall provide occupational safety and health training for safety and health specialists through courses, laboratory experiences, field study, and other formal learning experiences to prepare them to perform the necessary technical monitoring, consulting, testing, inspecting, designing, and other tasks related to program development and implementation, as well as hazard recognition, evaluation and control, equipment and facility design, standards, analysis of accident, injury, and illness data, and other related tasks. (b) Each agency shall implement career development programs for their occupational safety and health specialists to enable the staff to meet present and future program needs of the agency. | ||||||
| 29:29:8.1.1.1.10.8.26.4 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.57 Training of safety and health inspectors. | OSHA | Each agency shall provide training for safety and health inspectors with respect to appropriate standards, and the use of appropriate equipment and testing procedures necessary to identify and evaluate hazards and suggest general abatement procedures during or following their assigned inspections, as well as preparation of reports and other documentation to support the inspection findings. | ||||||
| 29:29:8.1.1.1.10.8.26.5 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.58 Training of collateral duty safety and health personnel and committee members. | OSHA | Within six months after October 1, 1980, or on appointment of an employee to a collateral duty position or to a committee, each agency shall provide training for collateral duty safety and health personnel and all members of certified occupational safety and health committees commensurate with the scope of their assigned responsibilities. Such training shall include: The agency occupational safety and health program; section 19 of the Act; Executive Order 12196; this part; agency procedures for the reporting, evaluation and abatement of hazards; agency procedures for reporting and investigating allegations of reprisal, the recognition of hazardous conditions and environments; identification and use of occupational safety and health standards, and other appropriate rules and regulations. | ||||||
| 29:29:8.1.1.1.10.8.26.6 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.59 Training of employees and employee representatives. | OSHA | (a) Each agency shall provide appropriate safety and health training for employees including specialized job safety and health training appropriate to the work performed by the employee, for example: Clerical; printing; welding; crane operation; chemical analysis, and computer operations. Such training also shall inform employees of the agency occupational safety and health program, with emphasis on their rights and responsibilities. (b) Occupational safety and health training for employees of the agency who are representatives of employee groups, such as labor organizations which are recognized by the agency, shall include both introductory and specialized courses and materials that will enable such groups to function appropriately in ensuring safe and healthful working conditions and practices in the workplace and enable them to effectively assist in conducting workplace safety and health inspections. Nothing in this paragraph shall be construed to alter training provisions provided by law, Executive Order, or collective bargaining arrangements. | ||||||
| 29:29:8.1.1.1.10.8.26.7 | 29 | Labor | XVII | 1960 | H | Subpart H—Training | § 1960.60 Training assistance. | OSHA | (a) Agency heads may seek training assistance from the Secretary of Labor, the National Institute for Occupational Safety and Health and other appropriate sources. (b) After the effective date of Executive Order 12196, the Secretary shall, upon request and with reimbursement, conduct orientation for Designated Agency Safety and Health Officials and/or their designees which will enable them to manage the occupational safety and health programs of their agencies. Such orientation shall include coverage of section 19 of the Act, Executive Order 12196, and the requirements of this part. (c) Upon request and with reimbursement, the Department of Labor shall provide each agency with training materials to assist in fulfilling the training needs of this subpart, including resident and field training courses designed to meet selected training needs of agency safety and health specialists, safety and health inspectors, and collateral duty safety and health personnel. These materials and courses in no way reduce each agency's responsibility to provide whatever specialized training is required by the unique characteristics of its work. (d) In cooperation with OPM, the Secretary will develop guidelines and/or provide materials for the safety and health training programs for high-level managers, supervisors, members of committees, and employee representatives. | ||||||
| 29:29:8.1.1.1.10.9.26.1 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.66 Purpose, scope and general provisions. | OSHA | [69 FR 68804, Nov. 26, 2004, as amended at 78 FR 47190, Aug. 5, 2013] | (a) The purpose of this subpart is to establish uniform requirements for collecting and compiling by agencies of occupational safety and health data, for proper evaluation and necessary corrective action, and to assist the Secretary in meeting the requirement to develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics. (b) Except as modified by this subpart, Federal agency injury and illness recording and reporting requirements shall comply with the requirements under 29 CFR part 1904, subparts C, D, E, and G, except that the definition of “establishment” found in 29 CFR 1960.2(h) will remain applicable to Federal agencies. (c) Each agency shall utilize the information collected through its management information system to identify unsafe and unhealthful working conditions, and to establish program priorities. (d) The provisions of this subpart are not intended to discourage agencies from utilizing recordkeeping and reporting forms which contain a more detailed breakdown of information than the recordkeeping and reporting forms provided by the Department of Labor. Because of the unique nature of the national recordkeeping program, Federal agencies must have recording and reporting requirements that are the same as 29 CFR part 1904 for determining which injuries and illnesses will be entered into the records and how they are entered. All other injury and illness recording and reporting requirements used by any Federal agency may be more stringent than, or supplemental to, the requirements of 29 CFR part 1904, but must not interfere with the agency's ability to provide the injury and illness information required by 29 CFR part 1904. (e) Information concerning occupational injuries and illnesses or accidents which, pursuant to statute or Executive Order, must be kept secret in the interest of national defense or foreign policy shall be recorded on separate forms. Such records shall not be submitted to the Department of Labor but may be used b… | |||||
| 29:29:8.1.1.1.10.9.26.2 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.67 Federal agency certification of the injury and illness annual summary (OSHA 300-A or equivalent). | OSHA | As required by 29 CFR 1904.32, a company executive must certify that he or she has examined the OSHA 300 Log and that he or she believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete. For Federal establishments, the person who performs the certification shall be one of the following: (a) The senior establishment management official, (b) The head of the Agency for which the senior establishment management official works, or (c) Any management official who is in the direct chain of command between the senior establishment management official and the head of the Agency. The requirement for certification of Federal agency injury and illness records in this section is necessary because the private sector position titles contained in 29 CFR part 1904 do not fit the Federal agency position titles for agency executives. The Federal officials listed in this section are intended to be the equivalent of the private sector officials who are required to certify records under § 1904.32(b)(4). | ||||||
| 29:29:8.1.1.1.10.9.26.3 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.68 Prohibition against discrimination. | OSHA | Section 1904.36 of this chapter refers to Section 11(c) of the Occupational Safety and Health Act. For Federal agencies, the words “Section 11(c)” shall be read as “Executive Order 12196 Section 1-201(f).” Section 11(c) of the Occupational Safety and Health Act only applies to private sector employers and the U.S. Postal Service. The corresponding prohibitions against discrimination applicable to Federal employers are contained in Section 1-201(f) of Executive Order 12196, 45 FR 12769, 3 CFR, 1980 Comp. p. 145. | ||||||
| 29:29:8.1.1.1.10.9.26.4 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.69 Retention and updating of old forms. | OSHA | Federal agencies must retain copies of the recordkeeping records utilized under the system in effect prior to January 1, 2005 for five years following the year to which they relate and continue to provide access to the data as though these forms were the OSHA Form 300 Log and Form 301 Incident Report. Agencies are not required to update the old forms. | ||||||
| 29:29:8.1.1.1.10.9.26.5 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.70 Reporting of serious accidents. | OSHA | Agencies must provide the Office of Federal Agency Programs with a summary report of each fatal and catastrophic accident investigation. The summaries shall address the date/time of accident, agency/establishment named and location, and consequences, description of operation and the accident, causal factors, applicable standards and their effectiveness, and agency corrective/preventive actions. The requirements of this section are in addition to the requirements for reporting fatalities and multiple hospitalization incidents to OSHA under 29 CFR 1904.39. | ||||||
| 29:29:8.1.1.1.10.9.26.6 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.71 Agency annual reports. | OSHA | [69 FR 68804, Nov. 26, 2004, as amended at 78 FR 47190, Aug. 5, 2013] | (a) The Act and E.O. 12196 require all Federal agency heads to submit to the Secretary an annual report on their agency's occupational safety and health program, containing such information as the Secretary prescribes. (1) Each agency must submit to the Secretary by May 1 of each year a report describing the agency's occupational safety and health program of the previous calendar year and objectives for the current fiscal year. The report shall include a summary of the agency's self-evaluation finding as required by § 1960.78(b). (2) The Secretary must provide the agencies with the guidelines and format for the reports at the time they are requested. (3) The agency reports will be used in preparing the Secretary's report to the President. (b) The Secretary will submit to the President by January 1 of each year a summary report of the status of the occupational safety and health of Federal employees based on agency reports, evaluations of individual agency progress and problems in correcting unsafe or unhealthful working conditions, and recommendations for improving their performance. | |||||
| 29:29:8.1.1.1.10.9.26.7 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.72 Reporting Federal Agency Injury and Illness Information. | OSHA | [78 FR 47190, Aug. 5, 2013] | (a) Each agency must submit to the Secretary by May 1 of each year all information included on the agency's previous calendar year's occupational injury and illness recordkeeping forms. The information submitted must include all data entered on the OSHA Form 300, Log of Work-Related Injuries and Illnesses (or equivalent); OSHA Form 301, Injury and Illness Incident Report (or equivalent); and OSHA Form 300A, Summary of Work-Related Injuries and Illnesses (or equivalent). (b) The Secretary must provide each agency by January 15 of each year with the format and guidelines for electronically submitting the agency's occupational injury and illness recordkeeping information. (c) Each agency must submit to the Secretary by May 1, 2014, a list of all establishments. The list must include information about the department/agency affiliation, NAICS code, a street address, city, state and zip code. Federal agencies are also responsible for updating their list of establishments by May 1 of each year when they submit the annual report to the Secretary required by § 1960.71(a)(1). | |||||
| 29:29:8.1.1.1.10.9.26.8 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.73 Federal agency injury and illness recordkeeping forms. | OSHA | [78 FR 47191, Aug. 5, 2013] | (a) When filling out the OSHA Form 300 or equivalent, each agency must enter the employee's OPM job series number and job title in Column (c). (b) When recording the injuries and illnesses of uncompensated volunteers, each agency must enter a “V” before the OPM job series number in Column (c) of the OSH Form 300 log or equivalent. (c) Each agency must calculate the total number of hours worked by uncompensated volunteers. | |||||
| 29:29:8.1.1.1.10.9.26.9 | 29 | Labor | XVII | 1960 | I | Subpart I—Recordkeeping and Reporting Requirements | § 1960.74 [Reserved] | OSHA |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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subpart TEXT,
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section_number TEXT,
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agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);