DEAR MR. NICHOLS:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200100012-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: August 10, 2005
• Sequence Number: 12
• Publication Date: April 19, 1979
• Content Type: LETTER

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Legislative Counsel
Mr. Wil],iam M. Nichols
General Counsel
Office of Management
and Budget
Washington, D.C. 20503
OLC 79-OS25Ja
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Dear Mr. Nichols:
Thais is in response to your request for the Central
In tellic]ence Agency's comments on a proposed Executive Order
entitled, "Occupational Safety and Health Programs for
Federal Employees." We endorse the purpose of the Order,
which i;s to reduce the number of job-related accidents and
illnesses among Federal workers. However, due to the
classified nature of our intelligence work, we do have some
reservations concerning the proposal's potential impact on
the Agency.
The Central Intelligence Agency presently complies with
the standards set forth in the Occupational Safety and.
Health Aet of 1970, 84 Stat. 1590. Section 19 of that Act
provides that the head of each Federal agency is responsible
for the conduct of the agency's Safety and Health program,
thereby giving the Secretary of Labor a consultative role.
This relationship is especially important in our situation
because of the national security considerations which
pervade the Central Intelligence Agency's work. We believe
that it, would be advisable from a security standpoint to
conform the proposed Order to the Act, and we would therefore
proposes the following changes:
-- change the word "direction" to "guidance" in
paragraph 4, line 5, of the Preamble;
-- insert the word "pertinent" before
"recommendations" in paragraph 4, line 11, of
the Preamble;
-- change the words "mandatory regulations" to
"gu_idelines" in section 2(1), line 3;
-- change the word "regulations" to "guidelines"
in section 3(2}, line 1;
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-- in section 3{6), line 1, delete "where the
Secretary deems necessary and appropriate" and
substitute "when requested," and delete the last
part of the last sentence starting at "or at the
~~
... ;
-- insert the words "in consultation with the
heads of departments and agencies" after the
word "appropriate" in section 3(4), line 5;
and
-- insert the words "in consultation with the
heads of departments and agencies" after the
word "appropriate" in section 3(6), line 2.
Section 4 of the proposed Order poses some problems
for us with regard to inspections and investigations. The
statutory responsibility of -the Director of Central
Intelligence to protect intelligence sources and methods
from unauthorized disclosure (50 U.S.C. 403(d)(3)),
requires that inspectors designated by the Secretary of
Labor possess appropriate security clearances when visiting
facilities engaged in classified work. This could be made
clear in the proposed Order by striking the period and
inserting the following words after "representative" in
line 7 of section 4{2): ", provided that, when necessary,
the inspector or investigator possesses appropriate
security clearances." This addition would also serve to
make the proposed Order consistent with Executive Order
12065 {National Security Information) .
~n'e xaust also object to the Secretary or-his designee
being given sole discretion to decide whether or not a
Central ;Intelligence Agency representative may accompany
an inspector. We request, therefore, that in part (4),
line 2, 'the words `yin consultation with the heads of
departments and agencies" be inserted after the word
"necessary." This overall provision at the end of section
4 would alleviate our concern.
We assume that the proposed Order is meant to apply
to all employees of the federal Government, whether-they
are serving overseas or domestically. If this is the
case, it might be advisable for the sake of clarity to
~~
substitute the phrase employees of the United States
Government" for "in the Nation" (line 15 of section 1).
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We appreciate the opportunity to review this proposed
Executive Order. riy staff is available for further
cansult:ation should you have any questions or problems
.regardiing our comments.
Sincerely,
Frederick P. Hitz
Legislative Counsel
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OLC:gKi~i:sf (18 April 1979)
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