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U.S. Department of Labor | |
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Directives
FAP 01-00-003 - FAP 1.3 - Federal Agency Safety and Health Programs |
Directives - Table of Contents |
| • Record Type: | INSTRUCTION |
| • Directive Number: | FAP 01-00-003 |
| • Old Directive Number: | FAP 1.3 |
| • Title: | Federal Agency Safety and Health Programs |
| • Information Date: | 05/17/1996 |
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OSHA Instruction FAP 1.3 May 17, 1996 Office of Federal Agency Programs Subject: Federal Agency Safety and Health Programs A. Purpose. The purpose of this instruction is to transmit policies that are unique to Federal Agency Safety and Health Programs. This directive was developed by the Field Operations Manual (FOM) Chapter XIII Revision Team to provide the field offices a reference document for identifying the responsibilities associated with Federal Agency Inspections and Evaluations. B. Scope. This instruction applies OSHA-wide. C. References.
D. Action. Policies and procedures for Federal agencies are to be the same as those followed in the private sector, except as specified in this instruction. This instruction supersedes Chapter XIII, Federal Agency Programs of the FOM, CPL 2.45B. Until Chapter XIII is removed from the FOM, FAP 1.3 will take precedence. Area Office questions should be directed to the Regional Federal Agency Program Officer (FAPO). E. Federal Agencies. This instruction describes a change that affects Federal agencies. Federal Agencies are subject to the enforcement policy and procedures contained in this instruction which are consistent with the Executive Order 12196, Section 1-201, and 29 CFR 1960.16. F. Jurisdiction. The Occupational Safety and Health Administration's (OSHA's) Federal agency jurisdiction varies according to the activity being performed. Further information may be obtained from the Directorate for Policy, Office of Intra-Governmental Affairs at 202-219-8021.
G. Definitions. The following definitions apply to Federal agencies:
H. Compliance.
I. Evaluation. Compliance officers may be asked to participate in field reviews for evaluations of Federal agency programs. They will receive guidance from the FAPO. Evaluation procedures are contained in Appendix C.
J. Agency Technical Assistance Request (ATAR). An ATAR is a request by a Federal agency for onsite assistance. Assistance provided onsite shall be recorded on an OSHA-1.
K. Application for an Alternate Standard. An agency may apply for an exception from an OSHA standard by applying for an alternate standard. Application procedures are found at 29 CFR 1960.17. L. Notice of Unsafe or Unhealthful Working Conditions, OSHA-2H Form, (OSHA Notice).
M. Informal Conference Procedures. Informal conference procedures will be the same as in the private sector. The Area Director shall make every effort to resolve any disagreements at an informal conference with the establishment official. N. Appeal Procedures. If an issue is not resolved by the Area Director, a summary of the discussion together with the agency's position on the unresolved issues shall be forwarded to the FAPO within 5 working days of the informal conference.
O. Verification of Abatement. Follow private sector guidelines to verify abatement. Notify Certified Committee, if appropriate, of the abatement plan. P. Petitions for Modification of Abatement Dates (PMAs). When Area Offices receive Federal agency requests for additional abatement time, they shall follow 29 CFR 1903.14(a) and 29 CFR 2200.37, which prescribe PMA procedures for private sector. Since the Occupational Safety and Health Review Commission has no jurisdiction over Federal agencies, and if the Area Director does not agree to extend the abatement date, the agency may bring unresolved issues to the Regional Administrator/FAPO for resolution with his counterpart in the agency. Issues not resolved at the regional level shall be forwarded to the Director, OFAP, for resolution with agency headquarters in consultation with the Regional Administrator, the FAPO, and the Area Director. Q. Failure to Abate. Area Directors shall work with local Federal agency managers in developing an acceptable abatement plan. When this cannot be achieved within 30 calendar days of the abatement date, the following steps shall apply:
Joseph A. Dear Assistant Secretary DISTRIBUTION: National, Regional, and Area Offices Compliance Officers Designated Agency Safety and Health Officials
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__________________________________________________________________________ PROGRAM ELEMENT EXPLANATION __________________________________________________________________________ 1960.8(a) This section is the "general duty clause" element, that will replace the Executive Order 201(a) for enforcing serious hazards that are not covered by a standard. 1960.8(b) This element gives specific directions for all agencies to comply with applicable OSHA standards. 1960.8(c) This element gives specific directions to all agencies to develop, implement, and evaluate an occupational safety and health program. 1960.8(d) This element gives specific directions to all agencies to acquire, maintain, and require employee use of approved personal protective equipment (PPE) and other safety equipment. 1960.11 This element provides for accountability of managers and supervisors and can apply equally to all agencies. 1960.12(c) This element directs all agencies to post an agency occupational safety and health poster informing employees of the agency safety and health program. 1960.25(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 that may not apply. 1960.25(c) The first sentence requires that each agency inspect each workplace annually. The remaining part of the element is general guidance that may not apply to all agencies. 1960.26(b)(5) The first sentence gives specific imminent danger instructions to the inspector that can apply uniformly. The rest of the paragraph gives guidance dealing with imminent danger that may not apply at all locations. 1960.26(c)(1-4) These elements direct how agencies should handle agency inspection reports and notices of unsafe or unhealthful conditions. 1960.27(a) The first sentence gives specific instructions that the safety and health inspector is in charge of an agency inspection. The rest of the paragraph is general instruction that would be difficult to enforce. 1960.28(d)(3) This element gives specific time frames for an agency to inspect employee reports of hazards. 1960.29(b) This element directs all agencies to investigate accidents resulting in a fatality or hospitalization of five or more employees. 1960.29(d) This element requires agencies to include specific information on all investigative reports of accidents. 1960.30(a-e) This section gives specific abatement directions that apply to all agencies. 1960.34(a-d) This section gives specific directions to General Services Administration (GSA) and other agencies that affect the safety and health programs of agencies in federally owned or leased buildings. 1960.37(b) This section requires equal representation of management and non-management employees for those agencies who choose to have a Certified Safety and Health Committee. 1960.37(d) This element directs that the safety and health committee chairperson alternate between management and non-management and applies equally for those agencies who choose to have a Certified Safety and Health Committee. 1960.37(e) This element requires that safety and health committees meet on a regular schedule and applies to those agencies who choose to have a Certified Safety and Health Committee. 1960.55(a) This element requires agencies to train all supervisory employees on the Act, E.O. 12196, the agency safety and health program, etc. 1960.56(a) This element gives specific directions for training agency safety and health specialists. 1960.57 This section directs agencies to train safety and health inspectors. 1960.58 This section directs agencies to train collateral duty safety and health personnel and committee members. 1960.59(a-b) This section directs agencies to train employees and employee representatives in safety and health appropriate to the work performed. 1960.67(a-c) This section directs all agencies to maintain a record or log of occupational injuries and illnesses. 1960.68 This section directs all agencies to maintain a record or log of occupational injuries and illnesses. 1960.69(a) This element directs all agencies to compile an annual summary of Federal occupational injuries and illnesses. 1960.70(a-c) This section gives directions to all agencies when to report serious accidents to OSHA. 1960.71(b) This element directs the agency to have a copy of the injury and illness log and supplementary records at each establishment. 1960.71(d) This element directs all agencies where and when to post the annual summary. 1960.71(e) This element directs agencies to ensure safety and health committees, employees, former employees and employee representatives have access to the records and reports. 1960.72 This section directs all agencies to make their records available to the Secretary of Labor. 1960.73 This section directs all agencies to retain records for 5 years.
Recordkeeping and Reporting Guidelines for Federal Agencies ___________________________________________________________ Under the Williams-Steiger Occupational Safety and Health Act of 1970 U.S. Department of Labor William E. Brock, Secretary Occupational Safety and Health Administration John A. Pendergrass, Assistant Secretary Revised 1986 Includes Federal Register Amendments to 29 CFR 1960.70, Vol. 60, No. 72 Friday, April 14, 1995 OSHA 2014
DEFINITIONS .................................................. i INTRODUCTION ................................................. 1 LOG OF OCCUPATIONAL INJURIES AND ILLNESSES ................... 1 SUPPLEMENTARY RECORDS ........................................ 2 AGENCY CODING OF FORMS CA-1, CA-2, AND CA-6 .................. 2
FATALITY AND CATASTROPHE NOTIFICATION ........................ 3 ACCESS TO AND RETENTION OF RECORDS AND REPORTS ............... 4 AGENCY ANNUAL REPORT ......................................... 4 APPENDICES A - Log of Federal Occupational Injuries and Illnesses B - OSHA Form No. 101 C - Summary of OSHA Items Agencies Must Code on Compensation Forms D - Nonstandard Occupation Code E - Type and Source of Injury/illness Codes F - Agency Annual Report Guidelines G - OWCP Form CA-1 (Revised 1986) H - OWCP Form CA-2 (Revised 1986) I - OWCP Form CA-6 (Revised 1976) J - OSHA Regional and National Office Addresses DEFINITIONS The following definitions apply to terms used in this booklet: * Catastrophe - A work related incident resulting in three or more employees being hospitalized for inpatient care within 30 days of an incident. * Compensation Claims - Forms submitted to the Department of Labor's office or workers' compensation programs to record and report injured, illnesses, and fatalities arising out of or in the course of employment. Three forms contain items OSHA requires agencies to complete:
* Establishment - A single physical location where business is conducted or where services or operations are performed. Typically, an "Establishment" refers to a field activity, regional office, and area office, installation or facility. * Illness/Disease - A nontraumatic physiological harm or loss of capacity produced by systemic infection; continued or repeated stress or strain; exposure to toxins, poisons, fumes, etc.; or other continued and repeated exposures to conditions of the work environment over a long period of time. For practical purposes, an occupational illness/disease is any reported condition which does not meet the definition of injury. * Incident - Used to refer to an injury or illness/disease. * Injury - A traumatic wound or other condition of the body caused by external force, including stress or strain. The injury is identifiable as to the time and place of occurrence and member or function of the body affected, and is caused by a specific event or Incident or series of events or incidents within a single day or work shift. * Lost Time Case - A nonfatal traumatic injury that causes any loss of time from work beyond the day or shift on which it occurred; or a nonfatal nontraumatic illness that causes loss of time from work or disability at any time. * No Lost Time Case - A nonfatal incident that does not meet the definition of a lost time case. (Usually created by a compensation claim for medical expense.) INTRODUCTION This booklet summarizes Federal Accident Reporting and Recordkeeping requirements of the Occupational Safety and Health Administration (OSHA). It addresses provisions of the Occupational Safety and Health Act of 1970 (PL 91-596), Executive Order 12196, Occupational Safety and Health Programs for Federal Employee, and 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs. Federal agencies are required to collect occupational injury and illness data, to analyze this data to identify unsafe and unhealthful working conditions: and to establish program priorities based on their analyses. OSHA is to have access to agency records of occupational injuries and illnesses unless they are specifically required by Executive Order to be kept secret in the Interest of national defense or foreign policy. OSHA uses injury/illness data from compensation claim forms submitted under the Federal Employees' Compensation Act and provided by the U.S. Department of Labor, Employment Standards Administration, Office of Workers' Compensation Programs (OWCP). OSHA uses the data to set program priorities, identify Federal worksites for OSHA inspections; monitor agencies' progress in reducing occupational injured, illness, and fatalities, and to report on the status of Federal civilian employees' safety and health. Agencies are required to complete OSHA related items on OWCP compensation claim forms. In 1986 OWCP revised forms CA-1 and CA-2 to accommodate agencies' coding and OWCP's entry of data. The revised forms include labeled blocks for the codes; codes are to be placed n existed blocks on previous forms. The recordkeeping and reporting provisions described in this booklet cover the basic requirements for all Occupational Safety and Health Programs. Agencies should augment these requirements to design accident prevention programs tailored to their missions, organizations and operations. Log of Occupational Injuries and Illnesses (1960.67, .69, and .71) Each establishment must maintain a log of occupational injuries and illnesses to provide a quick and current view of workplace safety and health throughout the establishment. The format shown in Appendix A, or one with the same 12 data items, is to be used for the log. The log is to be completed with six working days after receiving information on an incident. All injuries, illnesses and fatalities for which a CA-1, 2 or 6 is filed with OWCP shall be logged. CA-1's submitted to document an injury or exposure are to be placed in the employee's official personnel or medical folder, not sent to OWCP, there is no lost time or medical reimbursement required. Claims controverted or otherwise challenged shall be logged but may be deleted if OWCP denies the legitimacy of the claims. Claims resulting in permanent transfer, termination of employment or subsequent granting of Continuation of Pay (COP) shall be recorded as lost time cases. Maintenance of logs at area or regional levels is permitted if there is quarterly feedback of data to each establishment for access by management, employee representatives, employees and OSHA. Yearly totals of all injuries/illnesses/fatalities shall be posted in each establishment within 45 days of the close of the fiscal year and shall remain posted for 30 consecutive days. The log format (Appendix A) with the right lower part completed may be used for this posting requirement. Supplementary Records (1960.68) An incident resulting in a fatality, a lost time case, or medical expense, including termination and permanent transfer, warrants investigation, analysis and documentation on a supplementary record. The supplementary record should identify the personnel, equipment, and activities involved, as well as the causes and contributing factors. OSHA Form 131 (Appendix B), OWCP Form CA-1, 2 and 6, or equivalent agency forms, may be used for supplementary records. Supplementary records shall be completed within six working days after receipt of information that an accident has occurred. If OWCP forms are use to meet OSHA's requirement for supplementary records, copies shall be maintained in the occupational safety and/or health office. Regardless of the form used as a supplementary record, agencies shall complete OWCP forms CA-1, CA-2 and CA-6 as described in this publication. Privacy Act restrictions applicable to OWCP records shall be maintained for OWCP forms and data when they are used in relation to accident prevention. Agency Coding of Forms CA-1, CA-2 and CA-6 (1960.68) OSHA required agencies to code items on the CA-1, CA-2 and CA-6 prior to their submission to OWCP. Appendix C summarizes where the codes are to be placed on the new (CA-1 and CA-2, revised 1986) and old versions of the forms. New forms have coding blocks for the OSHA-related items. On old forms, the codes are to be added to information required by the title of the block. Occupation Code Identify the occupation by writing the two letters of the employee's Pay Plan (i.e. "GS," "GM," "WG," etc.) and the four numbers of the occupational series, as listed on the employee's most recent "Notification of Personnel Action", (OPM Standard Form 50). Occupational series are listed in the Federal Personnel Manual Supplement 292-1, "Personnel Data Standards." For U.S. Postal Service employees, write "PS", followed by the first four number of the occupation code. For employees who perform service for the Federal government, but do not have job titles that fall under the usual job classification systems, see Appendix D, Nonstandard Occupation Codes. Type and Source Codes Type and Source Codes are used to described what caused the incident. The type code stands for an action and the Source Code for an object or substance. Together, they form a brief description of how the incident occurred. Where there are two different sources, code the initiating source of the incident (see example 1, below). Type and Source codes are given in Appendix E. Example are: 1. An employee tripped on carpet Type: 210 (fell on same level) and struck his head on a desk. Source: 0110 (walking/working surface)
2. A letter carrier was bitten. Type: 440 (bitten by) by dog. Source: 0911 (dog) 3. A forest ranger contracted Type: 510 (contact) dermatitis from poison ivy. Source: 0920 (plant) 4. A nurse contracted hepatitis Type: 410 (punctured by) after being punctured by a Source: 0831 (needle) contaminated needle. 5. An employee was driving a Type: 800 (traveling in) government vehicle when it Source: 0421 (government-owned was struck by another vehicle. vehicle, as driver) NOTE: The type code 800, "traveling in" is different from the other type codes in that its function is not to identify factors contributing to the injury or fatality, but rather to collect data on the type of vehicle the employee was operating or traveling in at the time of the incident. Agencies desiring additional codes to cover hazards of their operations should contact the Office of Federal Agency Programs, telephone 202-219-9329. OWCP Agency Code The OWCP Agency Code ("chargeback code") is a four-digit (or four-digit plus two letter) code used to identify the employee's agency. Agencies wishing to expand from a four digit to a six-digit Code must contact the Office of Workers' Compensation Programs, telephone 202-219-8463. Duty Station Zip Code Duty Station Zip Codes should be entered in the blocks indicated in Appendix C. For an employee officially detailed to another duty station, use the Zip Code for the temporary duty station. DO NOT enter the zip code of a central office processing compensation forms in these blocks. OSHA Site Code If OSHA finds that the OWCP Codes and the Duty Station Zip Code do not effectively identify an agency's establishments, OSHA will require the agency to develop OSHA Site Codes. In most cases the agency will be able to use existing codes - financial management codes or unit identification codes, for example. Agencies wishing to establish OSHA Site Code may contact the Office of Federal Agency Programs, telephone: 202-219-9329. Fatality and Catastrophe Notification (1960.70) Agencies must notify OSHA within 8 hours of each work related fatality or inpatient hospitalization of three or more employees. This requirement applies to each such fatality or hospitalization of three or more employees which occurs within thirty (30) days of an incident. Notification can be made by telephone or in person to the OSHA area office nearest the site of the incident or by using the OSHA toll-free central phone number 1-800-321-OSHA. Notification to OSHA shall include: * Establishment Name * Number of fatalities and/or hospitalized employees * Time, date, location and brief description of the incident * Contact person and phone number. Agencies shall provide the Office of Federal Agency Programs with a summary report of each fatal and catastrophic accident investigation. The summary should include the information listed above, causal factors, the effectiveness of applicable standards, and proposed corrective/preventive actions. Access to and Retention of Records and Reports (1960.71, .72 and .73) Agencies shall publicize the availability of and provide access to establishment logs and annual injury/illness summaries. Access to these documents shall be provided to establishment agency safety and health personnel, establishment occupational safety and health committees, employees, employee representatives and former employees with a need to know, and to the Secretary of Labor, Secretary of Health and Human Services and their authorized representatives. Records and reports shall be maintained by the agency for five years following the end of the fiscal year to which they relate. Agency Annual Report (1960.74) By January 1st of each year, agencies shall submit a report to the Secretary of Labor describing the previous fiscal year's occupational safety and health program. Guidelines for the report are provided in Appendix F. (For Appendix A, Click Here) (For Appendix B, Click Here) Appendix C Summary of OSHA Items Agencies Must Code on Compensation Forms __________________________________________________________________________
__________________________________________________________________________ ITEM OLD NEW OLD NEW OLD (REVISED (REVISED (REVISED (REVISED (REVISED 1983) 1986) 1985) 1986) 1976) __________________________________________________________________________ OCCUPA- BLOCK 12. SHADED BLOCK 7. SHADED BLOCK 13. TION EMPLOYEE'S BOX "a" OCCUPATION BOX "a" WAS EMPLOYEE CODE OCCUPATION OCCUPATION OCCUPATION IN PERFORMANCE CODE CODE OF DUTY WHEN INJURY OCCURRED? __________________________________________________________________________ TYPE OF BLOCK 13. SHADED BLOCK 15. SHADED BLOCK 12. INJURY CAUSE OF BOX "b" NATURE BOX "b" DESCRIBE HOW ILLNESS INJURY TYPE OF THE TYPE INJURY CODE CODE DISEASE CODE OCCURRED __________________________________________________________________________ SOURCE BLOCK 13. SHADED BLOCK 15. SHADED BLOCK 12. OF CAUSE OF BOX "c" NATURE BOX "c" DESCRIBE HOW INJURY INJURY SOURCE OF THE SOURCE INJURY ILLNESS CODE DISEASE CODE OCCURRED CODE __________________________________________________________________________ OWCP. BLOCK 22. BLOCK 17. BLOCK 23. BLOCK 19. BLOCK 6. AGENCY BUREAU OR OWCP BUREAU OR OWCP BUREAU OR CODE OFFICE AGENCY OFFICE AGNECY OFFICE CODE CODE __________________________________________________________________________ OSHA BLOCK 17. BLOCK 19. SITE ----- OSHA SITE ----- OSHA SITE ----- CODE CODE (AS CODE (AS NECESSARY) NECESSARY) __________________________________________________________________________ DUTY BLOCK 7. BLOCK 18. BLOCK 8. BLOCK 20 BLOCK 5. STATION NAME AND DUTY NAME AND DUTY DEPARTMENT ZIP ADDRESS STATION ADDRESS STATION OR CODE OF OF AGENCY EMPLOYING EMPLOYING AGENCY AGENCY __________________________________________________________________________ Appendix D Nonstandard Occupation Code "Nonemployees" covered by OWCP: __________________________________________________________________________ | | | CODE | TITLE | CODE | TITLE ______|_____________________________|_______|_____________________________ ?0136 | PEACE CORPS VOLUNTEER | ?0060 | CHAPLAIN ?0083 | NON-FED. LAW ENF. OFF. | ?1863 | STATE/LOCAL AGRI INSP. ?0021 | VISTA VOLUNTEER | ?0030 | SPORTS CLINIC PERFORM. ?0243 | NEIGHBORHOOD YC ENROLL | ?0188 | ENTERTAINER/ARMED FORCES ?0243 | JOB CORPS ENROLLEE | ?0243 | VOCATIONAL TRAINEE ?0302 | MAIL MESSENGER | ?0460 | FOREST SERVICE COOPERATOR ?3501 | CONTRACT JOB CLEANER | ?1316 | GAGE READER, CORPS ENGRS ?0621 | STUDENT NURSE | ?4701 | MAINTENANCE WORKERS, HUD ?0462 | FOREST SRVC VOLUNTEER | ?0026 | NAT'L PARK SRVC VOLUNTR ?1341 | VOL. WEATHER OBSERVER | ?0204 | NAT'L DEFENS EXEC RESERV ?0099 | STATE MARTME ACAD CADT | ?1740 | NAT'L TEACHRS CORPS MBR ?0099 | ROTC CADET | ?0610 | CONTRACT NURSE ?0930 | FEDERAL JUROR | ?0602 | CONTRACT PHYSICIAN ?2181 | CIVIL AIR PATROL VOL. | ?0630 | NUTRITIONAL-AIDE, USDA ?0685 | VOL. HOSPITAL WORKER | ?1740 | READER FOR THE BLIND ?0243 | YOUTH CONS. CORPS VOL. | ?1016 | TRUST EMPL SMITHSONIAN ?0475 | CNTY AGWT, DEPT. AGRI. | ?0457 | SOIL/WATER CONS DIST EMPL ?3506 | STUDENT AIDE | ?0243 | YTH/ADLT CONS CORPS ENRLL ?9825 | SEAMAN | ?0099 | MILITARY ACAD CADET ?0204 | COAST GUARD RES MEMBR | ?0006 | VOL TRAINEE PROBATION OFF ?0204 | COAST GUARD AUX MEMBR | ?0006 | URBAN CRIME PREV PROG VOL ?0023 | NAT'L PARK SRVC COLLAB | ?0345 | CONGRESSIONAL STAFF MBR ?0099 | COLLEGE WK/STDY PARTIC. | | (For Appendix E, Click Here) Appendix F __________________________________________________________________________ Guidelines for Agency's Annual Occupational Safety and Health Report to the Secretary of Labor Fiscal Year: _____________________ Name of Agency (Department): ________________________________ Name of Component: __________________________________________ Address: ____________________________________________________ Number of employees covered by this report: _________________ Name of individual responsible for the occupational safety and health program of the agency or component covered by this report: ________________________________________________ Title: ______________________Telephone number: ______________ Each agency shall: 1. a. Use agency injury/illness data to display the annual statistics
2. Describe safety and occupational health program accomplishments and initiatives implemented last fiscal year to control the trends and major causes or sources of fatalities and lost time disabilities in your agency and to improve your agency's overall safety and occupational health programs. Discuss your successes and/or failures as a result of your agency's implementation of these initiatives. Explain any significant onetime or additional permanent resources allocated to the safety and occupational health program last year for areas such as: workplace hazard abatement, research and development, data systems, staffing, training, etc. Attach a copy of any significant safety and occupational health policy or proclamation related to those initiatives. In describing your accomplishments and initiatives, please try to explain your agency's efforts in the following areas:
3. Identify your annual OSH plans, goals and objectives, and significant OSH initiatives planned and programmed for the coming year(s). 4. Provide comments, requests and recommendations for consideration by OSHA's Office of Federal Agency Programs (OFAP) in Government-wide occupational safety and health programs or report any items of special interest concerning occupational safety and health activities or programs. (Optional) It is suggested that the report be in executive summary format and be limited to ten pages exclusive of attachments. (For Appendix G, Click Here) (For Appendix G (cont), Click Here) (For Appendix H, Click Here) (For Appendix H (cont), Click Here) (For Appendix I, Click Here) (For Appendix J, Click Here)
A. Purpose and Scope. This Appendix describes the Occupational Safety and Health Program Evaluation guidelines for evaluation of Federal Agency occupational safety and health programs as required by the regulations at 29 CFR Part 1960. OSHA field staff most directly affected are the Federal Agency Program Officers (FAPOs). B. Background. A task force consisting primarily of Federal Agency Program Officers (FAPOs) was appointed in November 1992 to develop new procedures for conducting Federal agency safety and health program evaluations. These procedures are based on their recommendations.
C. Regional Field Reviews.
D. Agency-Wide Evaluations.
A. Purpose: These procedures are based on practices in wide-spread use in the field B. Obtain Site Documentation Before the Scheduled Field Review. Before the scheduled field review, the Federal Agency Program Officer shall contact the top manager at the site concerning the following information. In order to shorten the time Federal reviewers are on site, the site should be requested to provide as many of these documents as possible in advance. The others should be assembled and available at the start of the review. At a minimum the basic written program and the injury and illness logs should be provided in advance.
C. Field Review Procedures.
D. Field Review Preparation.
E. Opening Conference. The opening conference with the top management and employee representatives will set the stage for the onsite review, letting everyone know what to expect and what assistance will be needed. During this session, the team should be able to get a sense of the extent that commitment exists for workplace safety and health.
F. Documentation. To the extent possible, all documents should be reviewed prior to beginning the onsite review.
G. Site Walkthrough.
H. Interviews.
I. Preparation for Briefing on Findings.
J. Preparation of Findings.
K. Presentation of Findings. The major findings and recommendations of the team must be presented before leaving the site.
L. Draft Report. The FAPO is responsible for preparing a report following the grid report format provided to the FAPO.
M. Final Report. After comments are received from the site management, the final report will be prepared by the FAPO.
During field reviews, safety specialists and industrial hygienists will review working conditions to determine if the facility complies with OSHA standards, and, if not, why not. (For example, lack of training, failure to conduct inspections, lack of funds for correction, etc.) Safety and health hazards should be pointed out to management and labor representatives mentioned in the closing conference and in the field review report. The attached questions have been supplied as a guide to safety specialists and industrial hygienists for their interviews of supervisors, employee representatives and employees.
1. Have you seen any policy statements on occupational safety and health? From whom? 2. Does your performance evaluation have an element for occupational safety and health? In what way does it measure your safety and health performance (i.e., reduction in injuries, training courses, etc.)? 3. Do employees report unsafe or unhealthful conditions to you? How do you get the condition corrected? 4. Who selects your employees' personal protective equipment? Does it have to be approved by the safety office before it is purchased? 5. Have you received any safety and health training? When? From whom? What was the subject?
1. Have you ever seen any policy statements on occupational safety and health? From whom? 2. What type of personal protective equipment are you issued? Do you feel you need any other type? 3. Does management consult with employee representatives about the occupational safety and health program? 4. Do employee representatives accompany inspectors during inspection? Do inspectors question employees privately? 5. Have you received any occupational safety and health training? When? From whom? What was the subject, and how long was the training? 6. Are there any unresolved occupational safety and health concerns that have been raised to management?
1. Have you ever seen any information about occupational safety and health at this facility? Where? What was it? 2. Do you know of anyone who has gotten into trouble for making a safety or health complaint? 3. Do you know what you can do if you see an unsafe condition? 4. Have you ever reported a safety or health hazard? Who did you report it to? Was it taken care of? How long did it take? 5. Have you received any training about your agency's occupational safety and health program, or about the hazards of your job? When? Who gave it? What subjects were covered? 6. Are there any unresolved occupational safety and health concerns that have been raised to management?
I. COMPLAINT FORM LETTERS (a. through p.) . . . . . . . . D-1 II. INSPECTION FORM LETTERS (a. through i.). . . . . . . . D-27 III. PMA FORM LETTERS (a. through j.) . . . . . . . . . . . D-40
I. COMPLAINT FORM LETTERS
.dfcomplaint.drcmp_first_name .drcmp_last_name .drcmp_street .drcmp city, .drcmp_state.drcmp_zip Dear .drcmp_first_name .drcmp_last_name: We have received your report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements in your workplace. After careful review, we have decided not to conduct an inspection because: [Choose One] 1. More information is needed about the complaint item(s). Please contact the area office as soon as possible to complete the report. 2. As a result of a recent inspection [give date] or on the basis of other objective evidence [describe], I believe that the hazard which you brought to our attention [is not present] [has been corrected] [will shortly be corrected]. 3. The hazard does not fall within OSHA's jurisdiction because: [Choose One]
If you can provide additional information concerning this report which you think we should consider, please contact us. Your interest in workplace health and safety is appreciated. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfcomplaint.drcmp_last_name, .drcmp_first_name .drcmp_street .drcmp_city, .drcmp_state.drcmp_zip Dear .drcmp_last_name: In response to your report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements in your workplace, the Occupational Safety and Health Administration (OSHA) has sent a letter to your establishment requesting that appropriate action be taken to correct the situation. Enclosed is a copy of that letter for your information. [Choose one or more]
Please let me know if the violation(s) have not been corrected in the time allowed as shown in the enclosed letter to your agency. Your continued interest in workplace safety and health is appreciated. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfcomplaint.drcmp_first_name .drcmp_last_name .drcmp_street .drcmp_city, .drcmp_state.drcmp_zip Dear .drcmp_first_name .drcmp_last_name: This letter is in response to your recent report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements in your workplace and your desire to have an on site inspection conducted by OSHA. The information you provided has been entered on the enclosed Notice of Alleged Safety or Health Hazards, OSHA-7 Form. Please sign your name on the "signature" line provided on the back of the form and return the signed form to us within 10 days. If a signed copy is received within 10 days, and the condition(s) you describe provides reasonable grounds to believe that a violation exists, an OSHA inspection of your workplace will be scheduled. If the signed copy of the form is not received in 10 days a letter will be sent to the appropriate Federal agency establishment official (without revealing your identity), requesting that the hazardous condition(s] be corrected. [Choose one] (1) Since you have requested anonymity, we will provide you with a copy of your establishment's investigation findings. (2) We will request that your agency provide you with a copy of the investigation findings. Sincerely, .dftabsite.drsite_director Area Director
.dfestablish.drest_name .drest_m_street .drest_m city, .drest_m_state .drest_m_zip Dear .keemployer_name: On .kedate_received_rpt, the Occupational Safety and Health Administration (OSHA) received a report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements in your workplace at [establishment and address]. The specific nature of the report involves [describe the reported condition(s) in detail]. OSHA has decided not to conduct an inspection in response to this report. However, since allegations of the violation of standards have been made, you should investigate the alleged violation(s). Department of Labor regulation 29 CFR 1960.28 requires that your inspection be conducted within 3 working days for potentially serious conditions and within 20 working days for other-than-serious hazards. Any necessary correction(s) should be made within 30 calendar days after completion of the inspection. If correction(s) cannot be made within 30 calendar days, please provide me with a detailed abatement plan. Your plan should include. (1) All steps taken and the dates of such action to achieve compliance during the prescribed abatement period. (2) The specific additional abatement time estimated to achieve compliance. (3) The reasons such additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date. (4) Interim steps being taken to safeguard the employees against the cited violation(s) during the abatement period. [Choose One] 1. [Anonymous] - Since the complainant has requested to remain anonymous, please advise me in writing, within 30 calendar days after completion of inspection, of your finding(s) and of any action you have taken. Your response should be detailed, stating specifically what corrective action(s), if any, were taken. If it is determined that, based on the report, no violation(s) exist and an inspection will not be conducted, please notify me in writing within 15 calendar days of receipt of this letter. We have notified the complainant that the complaint has been forwarded to you for action, and, if the violation(s) are not corrected, to notify us. We will forward a copy of your report to the complainant. 2. [Anonymity not requested] - The complainant has been advised of this preliminary response to the report and given a copy of this letter. Please advise the complainant, in writing, within 30 calendar days after completion of the inspection, of the findings and of the action you have taken. Your response should be detailed, stating specifically what corrective action(s), if any, were taker. If it is determined that, based on the report, no violation(s) exist and an inspection will not be conducted, the complainant shall be notified in writing within 15 calendar days of receipt of this letter. Please provide me with a copy of your response to the complainant.
Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: On .kedate_received_rpt, the Occupational Safety and Health Administration (OSHA) received a report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements in your workplace at [establishment and address]. The specific nature of the report involves [describe the reported condition(s) in detail]. Since your agency exercises the option of using Certified Safety and Health Committees, OSHA expects you to notify the Committee(s) of this complaint and to take action(s) that may be required to protect employees. [Choose One] (1) [Imminent Danger] - This letter is to confirm that you were notified of the report by telephone. Since the report was of an imminent danger, you were reminded that your investigation was required within 24 hours and that since your agency has Certified Committees, OSHA was required by Section 1-401(i) of Executive Order 12196 to respond if your investigation did not begin within 24 hours. You are also reminded that if an imminent danger exists, employees exposed to it must immediately be removed from danger and corrective action taken as soon as possible. (2) [Serious/Other-than-Serious] - The Department of Labor regulation 29 CFR 1960.28, requires that your investigation be conducted within 3 working days for potentially serious conditions and within 20 working days for other-than-serious conditions. Please review the operation of your establishment's safety and health program in light of the reported deficiencies. If corrective action(s) are deemed necessary we request that you implement them. Please advise us of the findings of your review and any corrective actions taken. [Choose One] 1. [Anonymous] - Since the complainant has requested to remain anonymous, please advise me in writing, within 30 calendar days after completing the inspection, of your finding(s) and of any action you have taken. Your response should be detailed, stating specifically what corrective action(s), if any, were taken. If it is determined that, based on the report, no violation(s) exist and an inspection will not be conducted, please notify me in writing within 15 calendar days of receipt of this letter. We have notified the complainant that the complaint has been forwarded to you for action, and, upon receipt of your report, we will provide him/her with a copy. 2. [Anonymity not requested] - The complainant has been advised of this preliminary response to the report and given a copy of this letter. Please advise the complainant, in writing, within 30 calendar days after completion of the inspection, of the findings and of the action you have taken. Your response should be detailed, stating specifically what corrective action(s), if any, were taken. If it is determined that, based on the report, no violation(s) exist and an inspection will not be conducted, the complainant shall be notified in writing within 15 calendar days of receipt of this letter. Please provide me with a copy of your response to the complainant. If you have any questions or need assistance concerning this matter, please contact our office. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfestablish.drest_name .drest_m__street .drest_m_city, .drest_m state .drest_m_zip Dear .keemployer_name: On .kedate_received_rpt, the Occupational Safety and Health Administration (OSHA) received a report of alleged hazardous working conditions and for violations of 29 CFR Part 1960 citable program elements occurring in your workplace at [establishment name and address]. Pursuant to Executive Order 1-401(i) we are announcing our plans to conduct a complaint inspection at your worksite. Since your agency exercises the option of using Certified Safety and Health Committees, OSHA expects you to keep the Committee(s) informed of OSHA's inspection plans and subsequent actions. If you have any questions concerning this matter, please contact our office. Sincerely, .dftabsite.drsite_director Area Director
.dfcomplaint.drcmp_first_name .drcmp_last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp zip Dear .drcmp_first_name .drcmp_last_name: In response to your report alleging hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements in your workplace, the Occupational Safety and Health Administration (OSHA) has sent a letter to your establishment requesting that appropriate action be taken to correct the situation. Enclosed is a copy of that letter for your information. [Choose One or More] 1. Your report was sent to your Agency to investigate because OSHA does not have jurisdiction over your agency. 2. We have requested that your Agency provide you with a copy of the investigation findings and actions taken. 3. Since you have requested anonymity, we will provide you with a copy of your establishment's investigation findings. Please let me know if the hazard(s) have not been corrected in the time allowed as shown in the enclosed letter to your agency. Your continued interest in workplace safety and health is appreciated. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfcomplaint.drcmp_first name.drcmp_last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp_zip Dear .drcmp_first_name .drcmp_last_name: The purpose of this letter is to acknowledge receipt of your report of hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements, and to inform you that an inspection of the workplace will be scheduled as soon as possible. You will be informed of the results of our inspection when they are available. Thank you for your interest in workplace safety and health. Sincerely, .dftabsite.drsite_director Area Director
.dfcomplaint.drcmp_first name.drcmp last_name .drcmp_street .drcmp city,.drcmp state .drcmp ZiP Dear.drcmp first_name.drcmp_last name: This letter is to acknowledge receipt of your report of hazardous working conditions and/or violations of 29 CPR Part 1960 citable program elements at [establishment name and address]. The Occupational Safety and Health Administration (OSHA) office in .drcmp city, .drcmp_state has jurisdiction over the above named establishment so we sent your report to that office for appropriate action. You may also contact the area office listed below.
That office will inform you as to what action is being taken on your report. Sincerely .dftabsite.drsite_director Area Director
.dfcomplaint.drcmp_first_name .drcmp_last name .drcmp_street .drcmp_city,.drcmp state .drcmp zip Dear.drcmp_first_name .drcmp_last_name: As the enclosed letter indicates, we have been advised by your establishment official that the hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements you reported to the Occupational Safety and Health Administration (OSHA) on .drcmp_cmp_rec_dt, have been investigated and that corrective action has been taken. With this information, OSHA feels the case can be closed on the grounds that the hazardous condition(s) no longer exist(s). If you do not agree that the condition(s) you reported have been satisfactorily corrected, please contact us within 10 calendar days. If we do not hear from you within that time period, we will assume that the condition(s] have been eliminated and we will close our case file. Your action on behalf of safety and health in the workplace is appreciated. Sincerely, .dftabsite.drsite_director Area Director Enclosure: Copy of the Federal establishment official's response.
.dfcomplaint.drcmp_first_name .drcmp_last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp_zip Dear .drcmp_first_name .drcmp_last_name: In response to your report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements at .dfestablish.drest_name, .drest_m_street, .drest_m_city, .drest_m_state .drest_m_zip, the Occupational Safety and Health Administration (OSHA) has conducted a workplace inspection. The inspection was completed on .kedate_insp_cmpl. We found that [list reported conditions)] did not violate OSHA standards and/or citable program elements [describe findings in detail]. We also found that [list condition(s)] violated OSHA standards and/or citable program elements. Therefore, a Notice of Unsafe and Unhealthful Working Conditions (Notice) was sent to your establishment official stating that violations identified by OSHA must be corrected. The Notice (enclosed) reflects the dates by which the violations must be corrected. The contents of the Notice must be posted near the violation(s) for three working days or until the violation(s) are abated, whichever is later. If you do not agree that the condition(s) you reported have been satisfactorily investigated or cited, please contact us within 10 calendar days and request a review of the complaint handling process. Thank you for your concern about workplace safety and health. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: On .kedate_of_notification, this office sent a letter to you concerning alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements at your establishment. A copy of the letter is enclosed. We have not received a reply from you concerning these allegations. Please advise this office of your findings and of any corrective actions you have taken within 10 days. If we do not hear from you, an inspection may be scheduled. A copy of this letter is being sent to the complainant. Your cooperation in this matter is appreciated. Sincerely, .dftabsite.drsite_director Area Director Enclosure cc: Complainant
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear.keemployer name: Thank you for your response to our letter of .kedate. Your letter stated that you were making progress toward correcting the conditions but did not provide sufficient information. The additional information needed is: [described information needed, i.e., abatement dates, interim measures to protect employees, etc.] Please advise this office of the time which will be required to correct the conditions. Further, when final corrective action has been completed, please notify this office in detail of the abatement steps taken to remove the hazard. A copy of this letter is being sent to the complainant. Your interest in the safety and health of your employees is appreciated. Sincerely, .dftabsite.drsite_director Area Director
.dfcomplaint.drcmp_first_name .drcmp_last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp_zip Dear .drcmp_first_name .drcmp_last_name: On .kedate_of_notification, this office notified you that your report of alleged hazardous working conditions and/or violations of 29 CFR Part 1960 citable program elements was sent to your establishment requesting that appropriate action be taken. We have not received a satisfactory response. [Choose One.] 1. Therefore, this office will schedule an inspection as OSHA priorities allow. You will be informed of the inspection results. 2. Therefore, I have requested additional information from your establishment official. I will keep you informed of the progress of your report of alleged hazard Sincerely, . dftabsite. drsite_director Area Director m. Deleted
.dfcomplaint.drcmp_first_name .dremp_last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp_zip Dear .drcmp_first_name .drcmp_last_name: The Occupational Safety And Health Administration (OSHA) has received your report of alleged reprisal against you for your occupational safety and health activities. Executive Order 12196 and 29 CFR Part 1960, which establish safety and health programs for Federal employees, do not give OSHA authority to take remedial action on behalf of Federal employees who believe that they have suffered reprisal. We are forwarding your report to the Office of Special Counsel, which may have jurisdiction to investigate your allegation of reprisal under the Whistleblower Protection Act of 1989. If you have further questions you may contact:
Sincerely, .dftabsite.drsite_director Area Director
.dfcomplaint.drcmp first_name .dremp_last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp_zip Dear .drcmp_first_name .drcmp_last_name: The Occupational Safety And Health Administration (OSHA) has received your report of alleged reprisal against you for your occupational safety and health activities. The options available to [Insert specific agency name, e.g. Postal] employees who believe they have been discriminated against for reporting unsafe or unhealthful working conditions are:
Pursuant to item number one, above, we have requested your agency to conduct an investigation and take appropriate action. You should be aware that under Executive Order 12196 and 29 CFR Part 1960, which establish safety and health programs for Federal employees, OSHA's authority is limited. Specifically, OSHA does not have the authority to take remedial action on behalf of Federal employees who believe that they have suffered reprisal for reporting unsafe or unhealthful working conditions. That authority is vested with their employing agency. Sincerely, .dftabsite.drsite_director Area Director
.keofficialname Designated Agency Safety and Health Official .kestreet_address .kecity, .kestate .kezip Dear .kDASHO_name: The Occupational Safety and Health Administration (OSHA) is forwarding to you the enclosed employee's allegation of reprisal for reporting unsafe or unhealthful working conditions. Executive Order 12196 and 29 CFR Part 1960, which establish safety and health programs for Federal employees, requires each agency to establish a reprisal plan. Since OSHA does not have the authority to take remedial action on behalf of Federal employees who believe that they have suffered reprisal for reporting unsafe or unhealthful working conditions, we ask that you investigate this allegation and take appropriate action. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfcomplaint.drcmp_first_name .drcmp last_name .drcmp_street .drcmp_city, .drcmp_state .drcmp_zip Dear .drcmp_first_name .drcmp_last_name: In my letter of .kedate_letter sent you were informed that the Occupational Safety and Health Administration (OSHA) had conducted an inspection and issued a Notice of Unsafe or Unhealthful Working Conditions to your establishment. OSHA has conducted a followup inspection and determined that item(s) was/were not abated. Enclosed for your information is a copy of the Notice of Failure-to-Abate Alleged Violations which was sent to your establishment. Sincerely, .dftabsite.drsite_director Area Director
II. INSPECTION FORM LETTERS
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear. keemployer_name: On .kedate_of_insp, representatives of this office conducted an inspection at your establishment. [Choose One] 1. Violations of OSHA standards and/or violations of 29 CFR Part 1960 citable program elements were found during the inspection which are described on the enclosed Notice of Unsafe or Unhealthful Working Conditions (Notice). Included are the correction date(s), discussed for each condition. Although the Notice is normally issued only to the establishment official, in the case of repeated or willful violations a copy of the Notice is also sent to the Designated Agency Safety and Health Official (DASHO).
You may request an informal conference with me within 15 working days of receipt of this Notice. The request must be in writing or by telephone with a confirming letter that identifies the items on the Notice you wish to discuss. During the informal conference, you may present any evidence or views which you believe would support an adjustment to the violation(s) listed on the Notice. Any violation which is not corrected within the agreed upon time frame will be subject to a Notice of Failure to Abate Alleged Violations, a copy of which will be sent to your DASHO. 2. As we discussed at the closing conference, no violations of OSHA standards or citable program elements were found during the inspection. Thank you for you cooperation during our inspection. If this office can be of assistance in the future, please contact us. Sincerely, .dftabsite.drsite_director Area Director Enclosure cc: Complainant [If complaint inspection and anonymity not requested] Employee Representative DASHO
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: Federal agency heads are required to operate effective occupation safety and health programs. The Occupational Safety and Health Administration (OSHA) is required to evaluate the effectiveness of Federal agency occupational safety and health programs. Effectiveness is determined by analyzing injury/illness statistics, by comparing the agency's written program with 29 CFR Part 1960, and by conducting field reviews at agency establishments. On .kedate_conducted_review, OSHA personnel conducted a field review at your establishment as part of an evaluation of your Agency's safety and health program. The purpose of the review was to evaluate program implementation at the workplace. As explained in the opening conference the field review may or may not be part of an OSHA inspection. If violations of OSHA standards and/or citable program elements are observed during the review, a Notice of Unsafe and Unhealthful Working Conditions (Notice) will be issued. [Choose One] 1. Violation(s) were found during the evaluation and are described on the enclosed Notice. Included are the correction date(s) discussed for (the/each) violation. A copy of the Notice or Agency's form on which you have reproduced the information shown on the Notice, must be posted near the violations for three working days or until the violation(s) are corrected, whichever is longer.
If you have any questions or need assistance concerning this matter, please contact our office. 2. As we discussed at the closing conference, no violations of OSHA standards or citable program elements were found during the evaluation. Thank you for your cooperation during our evaluation. If this office can be of assistance in the future, please contact us. Sincerely, .dftabsite.drsite_director Area Director Enclosure cc: Employee Representative (who participated in the Closing Conference)
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: The purpose of this letter is to acknowledge receipt of your request for technical assistance. An Agency Technical Assistance Request (ATAR) visit is scheduled at your establishment for .kedate_ATAR_scheduled. Someone from this office will contact you to make the necessary arrangements. During the opening conference of the visit, ATAR procedures will be explained in detail by the Occupational Safety and Health Administration (OSHA) team. If serious violations of OSHA standards and/or citable program elements are observed, we will work with you to develop a reasonable abatement plan and will assist you in their abatement. If serious violation(s) are abated within the agreed upon time frames, no further OSHA action will be necessary. However, uncorrected serious violation(s) may result in a Notice of Unsafe or Unhealthful Working Conditions being issued to you and to your Designated Agency Safety and Health Official. Upon completion of the ATAR visit, you will be advised of OSHA's action taken in response to your request and provided OSHA's findings and recommendations. If you have any questions, please feel free to contact me. Sincerely, .dftabsite.drsite_director Area Director
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer name: In response to your request for technical assistance, the Occupational Safety and Health Administration (OSHA) conducted an Agency Technical Assistance Request (ATAR) visit on .kedate_ATAR_visit. [Choose one or more as applicable.] 1. The following violation(s) of OSHA standards or citable program elements were observed during the visit by the OSHA team. The violation(s) were eliminated prior to the completion of the closing conference. [List observed violation(s) and describe findings in detail.] 2. We have determined that the violation(s) of OSHA standards or citable program elements observed during the visit by the OSHA team listed below do not appear to present a threat of serious physical harm (other-than-serious hazard).
3. The violation(s) of OSHA standards or citable program elements observed during the visit by the OSHA team appear(s) to present a threat of serious physical harm (serious violation) and were not corrected prior to the closing conference. The violation(s) are described below including the agreed upon correction date(s) for each violation.
4. As we discussed at the closing conference, OSHA can provide technical assistance to help you correct the violation(s). Any violation(s) which is not corrected within the agreed upon timeframe will be subject to a Notice of Unsafe or Unhealthful Working Conditions (OSHA Notice). A copy will also be sent to your Designated Agency Safety and Health Official. 5. As we discussed at the closing conference, no violations of OSHA standards or citable program elements were observed during the visit. 6. The following [technical/program] assistance was provided during our visit: [List services rendered.]
If this office can be of assistance in the future, please contact me. Sincerely, .dftabsite.drsite_director Area Director
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: In response to your request for technical assistance, the Occupational Safety and Health Administration (OSHA) conducted an Agency Technical Assistance Request (ATAR) visit on .kedate_of_visit. On .kedate_of_ATAR_letter a letter was sent to you in which the serious violation(s) of OSHA standards and/or citable program elements observed by the OSHA team were listed along with the agreed upon abatement date(s). We found that the necessary action to correct the violation(s) were not taken within the agreed upon time frame. Therefore, a Notice of Unsafe or Unhealthful Working Conditions (Notice) is being issued. Please advise me promptly, in writing, that you have taken appropriate corrective action within the time frame set forth on the Notice. Any violation which is not corrected will be subject to a Notice of Failure to Abate Alleged Violation. A copy will be sent to your Designated Agency Safety and Health Official. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: An inspection of your workplace at .dfestablish.drest_name on .kedate disclosed the following hazards:
OSHA does not have a specific standard that applies to these hazards and it is not considered appropriate at this time to issue a Notice of Unsafe and Unhealthful Working Conditions for violation(s) of 29 CFR 1960.8a, the general duty clause for Federal agencies. In the interest of workplace safety and health, however, I recommend that you take the following steps voluntarily to eliminate or reduce your employees exposure to the hazards described above:
Sincerely, .dftabsite.drsite_director Area Director
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer name: A Notice of Unsafe and Unhealthful Working Conditions (Notice) was issued to you on .kedate. A reinspection conducted on .kedate noted that you had failed to abate the violation(s) listed on the Notice within the time prescribed. Therefore, you are now being issued the enclosed Notification of Failure to Abate Alleged Violation. The Designated Agency Safety and Health Official for your agency has been furnished a copy of this Notification. If I have not been notified, in writing, within .kenumber days that the violation(s) have been abated, I will forward the necessary information to the Occupational Safety and Health Administration's Regional Administrator for resolution at a higher organizational Sincerely, .dftabsite.drsite_director Area Director Enclosure cc: Employer Representative Complainant if appropriate
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip Dear .keemployer_name: This is in response to your letter of .kedate_of_letter requesting an informal conference to discuss the Notice of Unsafe or Unhealthful Working Conditions issued to you on .kedate_notice_issued. An informal conference has been scheduled for .kedate, .ketime, .kelocation. [Use if applicable.] Please notify the appropriate employee representative(s) that they have the right to attend the conference. If you have any questions, please call me at .ketelephone_name. Sincerely, .dftabsite. drsite_director Area Director III. PMA FORM LETTERS
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip RE: Inspection No. .dfinspection .drins_ins_nr Notice: .dfvioiation.drvio_cit_nr Issuance Date: .drvio_issue_dt Dear .keemployer_name: Your request for a modification of the abatement dates contained in the above captioned Notice(s) is acknowledged. However, it fails to fully meet the requirements for filing a Petition for Modification of Abatement (PMA). The deficiencies are highlighted in the rules which follow: You, as an employer, may file a PMA when you have made a good faith effort to comply with the abatement requirements of a Notice, but such abatement dates have not been completed because of factors beyond your reasonable control. A PMA must be in writing and must include the following information:
If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely, .dftabsite.drsite_director Area Director Enclosure
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip RE: Inspection No. .dfinspection .drins_ins_nr Notice: .dfviolation.drvio_cit_nr Issuance Date: .drvio_issue_dt Dear .keemployer name: This will serve to advise you that this office has received your Petition for Modification of Abatement Date (PMA). Within 10 days after the expiration of 15 working days from the date the PMA was posted and if no objection was received from an employee or representative of employees, we shall issue the amended abatement date. Sincerely, .dftabsite.drsite_director Area Director
.dfestablish. drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip RE: Inspection No: .dfinspection.drins_ins_nr Notice: .dfviolation.drvio_cit_nr Issuance Date: .drvio_issue_dt Dear .keemployer_name: Your Petition for Modification of Abatement date(s) (PMA) .dfviolation.drvio_issue_dt, for the violation(s) alleged by Item(s): .drvio_item_nr of above captioned Notice has been approved: Inspection No. Notice No. Item No. New Abatement Date ______________ ____________ ___________ __________________ Our records are being adjusted according to the new abatement dates. This letter should be posted next to the original Notice(s). Since all Notices are subject to follow-up inspection, timely abatement responses with adequate supporting documentation, i.e., photographs, purchase orders, air sampling results, etc. may allow us to administratively close the case without such follow-up action. If you have any further questions do not hesitate to contact this office. Sincerely, .dftabsite.drsite_director Area Director Enclosure cc: Employee Representative
Inspection No: _________________ Date of Posting: _______________ Date of Service: _______________ on Employee Representative Notice Item Abatement Date No. No. Standard From To On behalf of the employer, I hereby certify that a copy of our Petition for Modification of Abatement date(s) have been posted on the above indicated date, in a conspicuous place, where all affected employees will have access to, or near such location where the violation(s) occurred. In addition, the petition has been served upon each authorized representative of affective employees, if any. Affected employees or their representatives may file an objection in writing to the above mentioned petition with the Area Director of the United States Department of Labor who issued the Notice. This objection must be filed within ten (10) working days of the date of posting of the petition or of service upon an authorized representative. _________________________ Signature _________________________ Title Enclosures
.dfestablish.drest_name .drest m_street .drest_m_city, .drest_m_state .drest_m_zip RE: Inspection No: .dfinspection.drins_ins_nr Notice Number: .dfviolation.drvio_cit_nr Issuance Date: .drvio issue_dt Dear .keemployer_name: This is in reference to your Petition for Modification of Abatement date(s), dated .kedate_of_letter, for the violation(s) alleged by item(s) .keitem_nr, of the above captioned Notice. Our office is undertaking a detailed review of your request and anticipates being able to respond to your petition by .kedate of response. If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely, .dftabsite.drsite_director Area Director cc: Employee Representative
.dfestablish.drest_name .drest_m_street .drest_m_city, .drest_m_state .drest_m_zip RE: Inspection No: .dfinspection.drins_ins_nr Notice No: .dfviolation.drvio_cit_nr Issuance Date: .drvio_issue_dt Dear .keemployer_name: After our review of your Petition for Modification of Abatement date(s), dated .keletter_date, with regard to Item(s) .keitem_nr, of the above captioned Notice, we have decided to object to your petition with regard to Item(s) .keitem nr. Further correspondence concerning this matter will be forthcoming. Sincerely, .dftabsite.drsite_director Area Director cc: Employee Representative
SUBJECT: Information Required for Processing Petition for Modification of Abatement (PMA) COMPANY NAME: _________________________________ ADDRESS: _________________________________
Original Abatement CSHO Inspection Notice Item Notice Abatement Date Number Number Number Number Date Number Number __________ Monitoring visit conducted on ________________________. __________ PPE violations were found on monitoring inspection. __________ Regional approval on ___________ by __________________. Rationale for granting/denying PMA: Supervisors Signature ______________________________ Date ______________.
.dfestablish.drest_name .drest m_street .drest_m_city, .drest_m_state .drest_m_zip RE: Inspection No: .dfinspection.drins_ins_nr Notice No: .dfviolation.drvio_cit_nr Issuance Date: .dfviolation.drvio_issue_dt Dear .keemployer_name: This office has advised the Occupational Safety and Health Administration (OSHA) Regional Administrator that .keunion_name has objected to your Petition for Modification of Abatement. If the objection cannot be resolved at the regional level this may be referred to the Occupational Safety and Health National Office for handling. If you have any further questions do not hesitate to contact this office. Sincerely, .dftabsite.drsite_director Area Director
.dfestablish.drest_name .drest_m_street .drest_m_city, . drest_m_state .drest_m_zip RE: Inspection No: .dfinspection.drins_ins_nr Notice No: .dfviolation.drvio_cit_nr Issuance Date: .dfviolation.drvio issue dt Dear.keemployer name: This is to notify you that the Occupational Safety and Health Administration (OSHA) objects to your Petition for Modification of the Abatement date(s) for the item(s) outlined below. Notice No. Item No. Standard No. Your petition is being forwarded to the OSHA Regional Administrator as to the merits of the petition and objections. If you have any questions, please feel free to contact this office. Sincerely, .dftabsite.drsite_director Area Director cc: Employee Representative
I. LEGISLATIVE BRANCH
a. Congress
Senate
House of Representatives
b. Architect of the Capitol
Incl. Botanic Garden
II. JUDICIAL BRANCH
III. EXECUTIVE BRANCH
______________________________________________________________________ FEDERAL TYPE OF DATE OF SUBJECT OF AGREEMENT AGENCY AGREEMENT AGREEMENT ______________________________________________________________________ USDA/FSIS MOU 9/13/82 FSIS and OSHA to coordinate OSHA
DOD/Army Letter of 7/2/73 Application of OSHA's standards to Agreement the procurement mission of the Army Material Command. DOD/Army MOU 11/6/78 Establish procedures for entry of GOCO OSHA Compliance Officers to Army Ammunition GOCO ammunition plants and to Plants establish procedures for mutual resolution of any conflicts. DOE Letter of 2/4/74 Letter of Agreement with AEC, Agreement (DOE's predecessor agency) clarifying applicability of section 4(b)(1) of the OSH Act to working condition for private AEC contractors performing contractual operations in facilities owned or leased by AEC. DOT/Coast MOU 12/19/79 To coordinate enforcement Guard activities for occupational safety and health on the Outer Continental Shelf. DOT/Coast MOU 3/8/83 To set clear boundaries of the Guard authority to prescribe and enforce regulations affecting the safety and health of seamen aboard USCG-inspected vessels. EPA Letter of 2/14/86 Provides for OSHA consultants to Agreement respond to requests from arsenical wood treatment plant employees. EPA Letter of 11/8/79 Allows EPA enforcement of wood Agreement preservations. GSA MOU 11/4/83 Cooperative efforts between GSA and
HHS/NIOSH MOU 12/18/80 Provided guidelines for worker
HHS/NIOSH MOU 12/18/80 Provide guidance to workers who /EPA/DOE/ investigate and/or clean up waste CG/NASA/ sites and respond to hazards Army R&D/ substance emergencies. Navy SWC/ Sub-agreement 1/7/86 provides for additional coordination of activities regarding chemical protection clothing. NRA MOU 10/21/88 To delineate OSHA and NRC
Treasury MOU 7/5/74 Letter explaining the
(For Appendix G, Click Here) |
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