[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1960.1] [Page 161-163] TITLE 29--LABOR CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PART 1960_BASIC PROGRAM ELEMENTS FOR FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS AND RELATED MATTERS--Table of Contents Subpart A_General Sec. 1960.1 Purpose and scope. Subpart A_General Sec. 1960.1 Purpose and scope. 1960.2 Definitions. Subpart B_Administration 1960.6 Designation of agency safety and health officials. 1960.7 Financial management. 1960.8 Agency responsibilities. 1960.9 Supervisory responsibilities. [[Page 162]] 1960.10 Employee responsibilities and rights. 1960.11 Evaluation of occupational safety and health performance. 1960.12 Dissemination of occupational safety and health program information. Subpart C_Standards 1960.16 Compliance with OSHA standards. 1960.17 Alternate standards. 1960.18 Supplementary standards. 1960.19 Other Federal agency standards affecting occupational safety and health. Subpart D_Inspection and Abatement 1960.25 Qualifications of safety and health inspectors and agency inspections. 1960.26 Conduct of inspections. 1960.27 Representatives of officials in charge and representatives of employees. 1960.28 Employee reports of unsafe or unhealthful working conditions. 1960.29 Accident investigation. 1960.30 Abatement of unsafe or unhealthful working conditions. 1960.31 Inspections by OSHA. Subpart E_General Services Administration and Other Federal Agencies 1960.34 General provisions. 1960.35 National Institute for Occupational Safety and Health. Subpart F_Occupational Safety and Health Committees 1960.36 General provisions. 1960.37 Committee organization. 1960.38 Committee formation. 1960.39 Agency responsibilities. 1960.40 Establishment committee duties. 1960.41 National committee duties. Subpart G_Allegations of Reprisal 1960.46 Agency responsibility. 1960.47 Results of investigations. Subpart H_Training 1960.54 Training of top management officials. 1960.55 Training of supervisors. 1960.56 Training of safety and health specialists. 1960.57 Training of safety and health inspectors. 1960.58 Training of collateral duty safety and health personnel and committee members. 1960.59 Training of employees and employee representatives. 1960.60 Training assistance. Subpart I_Recordkeeping and Reporting Requirements 1960.66 Purpose, scope, and general provisions. 1960.67 Federal agency certification of the injury and illness annual summary (OSHA 300-A or equivalent). 1960.68 Prohibition against discrimination. 1960.69 Retention and updating of old forms. 1960.70 Reporting of serious accidents. 1960.71 Agency annual reports. 1960.72-1960.74 [Reserved] Subpart J_Evaulation of Federal Occupational Safety and Health Programs 1960.78 Purpose and scope. 1960.79 Self-evaluations of occupational safety and health programs. 1960.80 Secretary's evaluations of agency occupational safety and health programs. Subpart K_Field Federal Safety and Health Councils 1960.84 Purpose. 1960.85 Role of the Secretary. 1960.86 Establishing councils. 1960.87 Objectives. 1960.88 Membership and participation. 1960.89 Organization. 1960.90 Operating procedures. Authority: Sections 19 and 24 of the Occupational Safety and Health Act of 1970 (84 Stat. 1609, 1614; 29 U.S.C. 668, 673), 5 U.S.C. 553, Secretary of Labor's Order No. 1-90 (55 FR 9033), and Executive Order 12196. Source: 45 FR 69798, Oct. 21, 1980, unless otherwise noted. (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 [[Page 163]] of Labor necessarily extend to the collection, compilation and analysis of occupational safety and health statistics from the Federal Government. The role of the General Services Administration in this area stems from its duties as the Government's principal landlord and from its specific safety and health responsibilities under 41 CFR part 101, subchapter D, Federal Property Management Regulations. (b) Executive Order 12196, Occupational Safety and Health Programs for Federal Employees, issued February 26, 1980, prescribes additional responsibilities for the heads of agencies, the Secretary, and the General Services Administrator. Among other duties, the Secretary is required to issue basic program elements in accordance with which the heads of agencies shall operate their safety and health programs. The purpose of this part is to issue these basic program elements. Although agency heads are required to operate a program in accordance with the basic program elements, those elements contain numerous provisions which, by their terms, permit agency heads the flexibility necessary to implement their programs in a manner consistent with their respective missions, sizes, and organizations. Moreover, an agency head, after consultation with agency employees or their representatives and with appropriate safety and health committees may request the Secretary to consider approval of alternate program elements; the Secretary, after consultation with the Federal Advisory Council on Occupational Safety and Health, may approve such alternate program elements. (c) Under Executive Order 12196, the Secretary is required to perform various services for the agencies, including consultation, training, recordkeeping, inspections, and evaluations. Agencies are encouraged to seek such assistance from the Secretary as well as advice on how to comply with the basic program elements and operate effective occupational safety and health programs. Upon the request of an Agency, the Office of Federal Agency Safety and Health Programs will review proposed agency plans for the implementation of program elements. (d) Section 19 of the Act and the Executive Order require specific opportunities for employee participation in the operation of agency safety and health programs. The manner of fulfilling these requirements is set forth in part in these program elements. These requirements are separate from but consistent with the Federal Service Labor Management Relations Statute (5 U.S.C. 71) and regulations dealing with labor- management relations within the Federal Government. (e) Executive Order 12196 and these basic program elements apply to all agencies of the Executive Branch. They apply to all Federal employees. They apply to all working conditions of Federal employees except those involving uniquely military equipment, systems, and operations. (f) No provision of the Executive Order or this part shall be construed in any manner to relieve any private employer, including Federal contractors, or their employees of any rights or responsibilities under the provisions of the Act, including compliance activities conducted by the Department of Labor or other appropriate authority. (g) Federal employees who work in establishments of private employers are covered by their agencies' occupational safety and health programs. Although an agency may not have the authority to require abatement of hazardous conditions in a private sector workplace, the agency head must assure safe and healthful working conditions for his/ her employees. This shall be accomplished by administrative controls, personal protective equipment, or withdrawal of Federal employees from the private sector facility to the extent necessary to assure that the employees are protected. [45 FR 69798, Oct. 21, 1980, as amended at 60 FR 34852, July 5, 1995]