PROPOSED EXECUTIVE ORDER ON 'OCCUPATIONAL SAFETY AND HEALTH PROGRMAS FOR FEDERAL EMPLOYEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200100019-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: August 10, 2005
• Sequence Number: 19
• Publication Date: March 9, 1979
• Content Type: MF

Approved For Release 2005/08/15 : CIA-RDP87B01034R000200100019-3
APR 1979
MEMORANDUM FOR: Chief, OS Policy and Plans Group
CIA Safety 0 icer
SUBJECT: Proposed Executive Order on "Occupational
Safety and Health Programs for Federal
Employees
REFERENCE: Memo for DD/Security from C/OLC/LD dated
13 March 1979, same subject
OS 9 0729
1. The Safety Branch has reviewed the proposed Executive
Order and suggests the following revisions.
a. Preamble - Fourth Paragraph - fifth line.
Change the word "direction" to "advise."
Section 19 of PL 91-596 (the Law) makes
the Head of each Federal Agency responsible
for the conduct of the Safety and Health
program in that agency. The Secretary of
Labor is given a consultative role and is
the collection point for agency reports
and transmits them to the President
annually.
b. Preamble - Fourth Paragraph - eleventh line. 1
Insert "pertinent" between "any" and
"recommendations."
c. Scope of This Order - Section 1 - line 15.
Change "employees in the Nation" to read
"employees of the United States Government."
This will ensure coverage of employees
working overseas.
OS 9 0729/1
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d. Section 2 - Duties of Heads of Agencies -
Paragraph (1) - third line. Change
"mandatory regulations" to "guidelines."
This is in line with Section 19 of the
Law.
e. Section 3 - Paragraph (2) - line 1.
Change "regulations" to "guidelines."
This is in keeping with Section 19 of
the Law. Also, it is difficult to
have a detailed, yet flexible, regula-
tion.
f. Section 3 - Paragraph (6) - line 1.
Delete "where theSecretary deems
substi-
substi-
necessary and apprpc ataP, and
tute Delete the
atst
part
"or at the ...
2. In regard to the concerns expressed in paragraph two
of the reference, I would put forward the following.
a. The Office of Management and Budget Circular
A-11 already requires a single-line budgetary
identification on line 17125 of "all amounts
spent safeguarding the health and working
of workers, including amounts
by Federal agencies for agency employees."
b. The proposed Executive Order contains no
changes in the recordkeeping and reporting
requirements. Also, the requirement for
the Secretary of Labor to evaluate the
the t President s reand to
eannually and to Health
mains report
unchanged.
c. Section 4 is new and on the surface appears
to pose problems; however, this Agency will
not be affected to the same degree as the
rest of the oGovernment classi-
fied nature
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(1) 29 CFR 1960.28 stipulates that where
security regulations require, advance
notice of inspection must be given.
(2) The implementing guidelines of Executive
Order 12065 (National Security Information),
as published in the Federal Register of
5 October 1978, would require that any
employee of the Department of Labor who
would make an inspection would have to
have a demonstrated "need-to-know" and
have the appropriate clearances. This
is covered by Section IV Safeguards;
paragraph B, General Restrictions on
access; paragraph B.1. Determination of
need-to-know; paragraph B.2. Determina-
tion of trustworthiness; and paragraph D.
Dissemination.
(3) The provisions of the National Security
Act of 1947 would also pertain.
STAT
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