EXECUTIVE ORDER 12196 OF FEBRUARY 26, 1980 - OCCUPATIONAL SAFETY AND HEALTH PROGRAMS FOR FEDERL EMPLOYEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00735R000100010008-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 8
• Publication Date: February 27, 1980
• Content Type: REGULATION

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Federal R.1sbr
Vol. 45, No. 40
Wedaeaday, February 27. 7900
Presid Documents
Title 3- Executive Order 121M of February 21, 19M
The President Occupational Safety and Health Pre Buis for Federal
Em~lbyees
By the authority vested in sae as President by the Constitution and statutes of
the United States of America, including Section 7M(c) of Title 5 of the United
States Code and in accord with Section 19 of the Occupational Safety and
Health Act of 1970, as amended (29 U.S.C. 888), it is ordered:
1-1. Scope of this Order.
1-101. This order applies to all agencies of the Executive Branch except
military personnel and uniquely military equipment, systems, and operations.
1-102. For the purposes of this order, the term "agency" means an Executive
department, as defined in 5 U.S.C. 101, or any employing unit or authority of
the Federal government, other than those of the judicial and legislative
branches. Since section 19 of the Occupational Safety and Health Act ("the
Act") covers all Federal employees, however, the Secretary of Labor ("the
Secretary") shall cooperate and consult with the heads of agencies in the
legislative and judicial branches of the government to help them adopt safety
and health programs.
1-2. Heads of Agencies.
1-201. The head of each agency shall:
(a) Furnish to employees places and conditions of employment that are free
from recognized hazards that are causing or are likely to cause death or
serious physical harm.
(b) Operate an occupational safety and health program in accordance with tfie
requirements of this order and basic program elements promulgated by the
Secretary.
(c) Designate an agency official with sufficient authority to represent the
iriterest and support of the agency head to be responsible for the management
and administration of the agency occupational safety and health program.
(d) Comply with all standards issued under section 8 of the Act, except where
the Secretary approves compliance with alternative standards. When an
agency head determines it necessary to apply a different standard, that
agency head shall, after consultation with appropriate occupational safety and
health committees where established, notify the Secretary and provide justifi-
cation that equivalent or greater protection will be assured by the alternate
standard.
(e) Assure prompt abatement of unsafe or unhealthy working conditions.
Whenever an agency cannot promptly abate such conditions, it shall develop
an abatement plan setting forth a timetable for abatement and a summary of
interim steps to protect employees. Employees exposed to the conditions shall
be informed of the provisions of the plan. When a hazard cannot be abated
without assistance of the General Services Administration or other Federal
lessor agency, an agency shall act with the lessor agency to secure abatement.
(f) Establish procedures to assure that no employee is subject to restraint,
interference, coercion, discrimination or reprisal for filing a report of an unsafe
or unhealthy working condition, or other participation in agency occupational
safety and health program activities.
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(g) Assure that periodic inspections of all agency workplaces are performed
by personnel with equipment and competence to recognize hazards.
(h) Assure response to employee reports of hazardous conditions and require
inspections within twenty-four hours for imminent dangers. three working
days for potential serious conditions, and twenty working days for other
conditions. Assure the right to anonymity of those making the reports.
(I) Assure that employee representatives accompany inspections of agency
workplaces.
(j) Operate an occupational safety and health management information
system, which shall include the maintenance of such records as the Secretary
may require.
(k) Provide safety and health training for supervisory employees, employees
responsible for conducting occupational safety and health inspections, all
members of occupational safety and health committees where established,
and other employees.
(1) Submit to the Secretary an annual report on the agency occupational safety
and health program that includes information the Secretary prescribes.
1-3. Occupational Safety and Health Committees.
1-301. Agency heads may establish occupational safety and health commit-
tees. If committees are established they shall be established at both the
national level and, for agencies with field or regional offices, other appropriate
levels. The committees shall be composed of representatives of management
and an equal number of nonmanagement employees or their representatives.
Where there are exclusive bargaining representatives for employees at the
national or other level in an agency, such representatives shall select the
appropriate nonmanagement members of the committee.
1-302. The committees shall, except where prohibited by law,
(a) Have access to agency information relevant to their duties, including
information on the nature and hazardousness of substances in agency work-
places.
(b) Monitor performance, including agency inspections, of the agency safety
and health programs at the level they are established.
(c) Consult and advise the agency on the operation of the program.
1-303. A Committee may request the Secretary of Labor to conduct an
evaluation or inspection pursuant to this order if half of a Committee is not
substantially satisfied with an agency's response to a report of hazardous
working conditions.
1-4. Department of Labor.
1-401. The Secretary of Labor shall:
(a) Provide leadership and gui, lance to the heads of agencies to assist them
with their occupational safety and health responsibilities.
(b) Maintain liaison with the Office of Management and Budget in matters
relating to this order and coordinate the activities of the Department with
those of other agencies that have responsibilities or functions related to
Federal employee safety and health, including the Office of Personnel Man-
agement, the Department of Health, Education, and Welfare, and the General
Services Administration.
(c) Issue, subject to the approval of the Director of the Office of Management
and Budget, and in consultation with the Federal Advisory Council on Occu-
pational Safety and Health, a set of basic program elements. The program
elements shall help agency heads establish occupational safety and health
committees and operas. effective occupational safety and health programs,
and shall provide flexibility to each agency head to implement a program
consistent with ift mission, size and organization. Upon request of an agency
head, and after consultation with the Federal Advisory Council on Occupa-
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tional Safety and Health, the Secretary may approve alternate program ele-
ments.
(d) Prescribe recordkeeping and reporting requirements.
(e) Assist agencies by providing training materials, and by conducting training
programs upon request and with reimbursement.
(f) Facilitate the exchange of ideas and information throughout the govern-
ment about occupational safety and health.
(g) Provide technical services to agencies upon request, where the Secretary
deems necessary, and with reimbursement. These services may include stud-
ies of accidents, causes of injury, and illness, identification of unsafe and
unhealthful working conditions, and means to abate hazards.
(h) Evaluate the occupational safety and health programs of agencies and
promptly submit reports to the agency heads. The evaluations shall be con-
ducted through such scheduled headquarters or field reviews, studies or
inspections as the Secretary deems necessary, at least annually for the larger
or more hazardous agencies or operations, and as the Secretary deems
appropriate for the smaller or less hazardous agencies.
(i) Conduct unannounced inspections of agency workplaces when the Secre-
tary determines necessary if an agency does not have occupational safety and
health committees; or in response to reports of unsafe or unhealthful working
conditions, upon request of occupational safety and health committees under
Section 1-3; or, in the case of a report of an imminent danger, when such a
committee has not responded to an employee who has alleged to it that the
agency has not adequately responded to a report as required in 1-201 (h).
When the Secretary or his designee performs an inspection and discovers
unsafe or unhealthy conditions, a violation of any provisions of this order, or
any safety or health standards adopted by an agency pursuant to this order, or
any program element approved by the Secretary, he shall promptly issue a
report to the head of the agency and to the appropriate occupational safety
and health committee, if any. The report shall describe the nature of the
findings and may make recommendations for correcting the violation.
(j) Submit to the President each year a summary report of the status of the
occupational safety and health of Federal employees, and, together with
agency responses, evaluations of individual agency progress and'problems-in
correcting unsafe and unhealthful working conditions, and recommendations
for improving their performance.
(k) Submit to the President unresolved disagreements between the Secretary
and agency heads, with recommendations.
(1) Enter into agreements or other arrangements as necessary or appropriate
with the National Institute for Occupational Safety and Health and delegate to
it the inspection and investigation authority provided under this section.
1-5. The Federal Advisory Council on Occupational Safety and Health.
1-501. The Federal Advisory Council on Occupational Safety and Health,
established pursuant to Executive Order No. 11.612, is continued. It shall
advise the Secretary in carrying out responsibilities under this order. The
Council shall consist of sixteen members appointed by the Secretary, of whom
eight shall be representatives of Federal agencies and eight shall be repre-
sentatives of labor organizations representing Federal employees. The mem-
bers shall serve three-year terms with the terms of five or six members
expiring each year, provided this Council is renewed every two years in
accordance with the Federal Advisory Committee Act. The members currently
serving on the Council shall be deemed to be its initial members under this
order and their terms shall expire in accordance with the terms of their
appointment.
1-502. The Secretary, or a designee, shall serve as the Chairman of the
Council, and shall prescribe rules for the conduct of its business.
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1-503. The Secretary shall make available necessary office space and furnish
the Council necessary equipment, supplies, and staff services, and shall
perform such functions with respect to the Council as may be required by the
Federal Advisory Committee Act, as amended (5 U.S.C. App. 1).
1-$. General Services Administration.
1-601. Within six months of the .effective date of this order the Secretary of
Labor and the Administrator of the General Services Administration shall
initiate a study of conflicts that may exist in their standards and other
requirements affecting Federal employee safety and health, and shall establish
a procedure for resolving conflicting standards for space leased by the
General Services Adodnietration,
1-802. In order to ass" the agencies in carrying out their duties under Section
19 of the Act and this order the Administrator shall:
(a) Upon request, require personnel of the General Services Administration to
accompany the Secretary or an agency head on any inspection or investiga-
tion conducted parat to this order of a facility subject to the authority of
the General 1lifraviaes Adminietration.
(b) Assure pee.pt,.attention to reports from agencies of unsafe or unhealthy
conditions of fscIHties stebiect to the authority of the General Services Admin-
istration; whose abatement cannot be promptly effected, submit to the agency
head a timetable for action to correct the conditions; and give priority in the
allocation of resources available to the Administrator for prompt abatement of
the conditions.
(c) Procure and provide safe supplies, devices, and equipment, and establish
and maintain a product safety program for those supplies, devices, equipment
and services f nished to agencies, including the issuance of Material Safety
Data Sheets when hazardous substances are furnished them.
1-7. General Provisions.
1-701. Employees shall be authorized official time to participate in the activi-
ties provided for by this order.
1-702. Nothing in this order shall be construed to impair or alter the powers
and duties of the Secretary or heads of other Federal agencies pursuant to
Section 19 of the Occupational Safety and Health Act of 1970, Chapter 71 of
Title 5 of the United States Code, Sections 7901, 7902, and 7903 of Title 5 of the
United States Code, nor shall it be construed to alter any other provisions of
law or Executive Order g for collective bargaining agreements and
related procedures, or a=dinthe responsibilities of the Director of Cential
Intelligence to protect intelligence sources and methods (50 U.S.C. 403(d)(3)).
1-703. Executive Order No. 118W of September 28, 1974, is revoked.
1-704. This order is effective July 1, IM.
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