E-mail a link to this directive

OCCUPATIONAL SAFETY AND HEALTH PROGRAM

DAO 209-4: OCCUPATIONAL SAFETY AND HEALTH PROGRAM
Number: DAO 209-4
Effective Date: 2016-12-29

SECTION 1. PURPOSE.

.01    This Order establishes policy, procedures, requirements, and responsibilities for the Occupational Safety and Health Program (Program) of the Department of Commerce (the Department).  Further, it delineates the framework for an effective Program that will reduce or prevent injuries, illnesses, and accidental losses by providing the Department’s employees with a safe and healthful workplace.  Note: Also known as the Injury and Illness Prevention Program (I2P2).

.02    This order also supersedes and updates those provisions of the Department’s Occupational Safety and Health Manual (Manual) issued in March 2000 that concern the Program’s structure and operation, and provides for the adoption of an appropriate occupational safety and health program by each of the Department’s bureaus/operating units.  Note: As appropriate, the Office of Occupational Safety and Health (OOSH) will develop additional worker safety and health-related Orders, Suborders, Human Resources (HR) Bulletins, and/or technical guidance to reflect changes in regulations, safety, best practices, and advances in technology.

.03       The Manual remains available as a technical guide (only) for use by bureaus and operating units as an optional reference on applicable safety and health standards, regulations, and best practices.  Specific chapters of the Manual may be revised or updated periodically to reflect advances in occupational safety and health.


SECTION 2. AUTHORITY.

.01    The Department is required by law to establish and maintain an effective Program that: (a) provides all its employees a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm; and (b) complies with applicable occupational safety and health standards and regulations.

.02    The Program is primarily derived from:

1.      Title 5, United States Code (U.S.C.), Sections 7901, “Health Service Programs,” and 7902, “Safety Programs”;

b.      Public Law 79-658

c.      “Occupational Safety and Health Act of 1970” (Act) as amended (Public Law 91-596), Section 19, “Federal Agency Safety Programs and Responsibilities” and Section 24, “Statistics”;

d.      Executive Order (EO) 12196, “Occupational Safety and Health Programs for Federal Employees” dated February 26, 1980 (as amended by EO 12223, “United States Intelligence Activities,” dated June 30, 1980); and

e.      29 Code of Federal Regulation (CFR) Part 1960, “Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters.”


SECTION 3. APPLICABILITY AND SCOPE.

This Order applies to all Department of Commerce operating units, bureaus, agencies, offices, and other organizations or components.


SECTION 4. POLICY.

.01    The Department is committed to promoting and protecting the health, safety, and well-being of our most valuable asset:  our employees.  Inherently, this commitment includes protecting people – employees, contractors, visitors, and others working in partnership at our facilities.  The Department is committed to providing a place of employment that is free from recognized hazards that cause, or are likely to cause, death, or serious physical harm.  To ensure this, the Secretary of Commerce (Secretary) requires implementation of a comprehensive and effective safety and health program throughout the Department and each of the Department’s bureaus/operating units.

.02    The Secretary ensures the implementation of an effective occupational safety and health program by including appropriate resources in the Department’s budget request as required by 29 CFR 1960.7, “Financial Management,” sufficient to effect implementation and administration of the Program.

.03    Pursuant to Department Organization Order (DOO) 10-5, “Chief Financial Officer and Assistant Secretary for Administration,” the Chief Financial Officer and Assistant Secretary for Administration shall establish and manage the Department’s Program.  The Director for Human Resources Management shall serve as the Department’s Designated Agency Safety and Health Official (DASHO) and principal assistant to the Assistant Secretary in the execution of this Order; and may re-delegate the authorities associated with those responsibilities.

.04    The Program is based on the premise that the well-being of its employees contributes to the effectiveness of work performance and lends a positive element to the progressive management practices implemented by the Department.  Further, workplace accidents are unacceptable impediments to the Department’s mission, and their prevention shall be aggressively pursued, including the following:

a.      Each bureau/operating unit head, employee, supervisor, and manager shall comply with the safety and occupational health requirements of EO 12196, 29 CFR Part 1960, applicable Occupational Safety and Health Administration (OSHA) standards, applicable national consensus standards, alternate standards granted by OSHA, and the requirements of this Order.

b.      The requirements of this Order apply to all Department employees and contractor personnel at all Department bureau/operating units and facilities.  Note: As stated in OSHA’s Field Operations Manual (FOM), Chapter 13, Federal Agency Field Activities, Section VIII.E, Multi-Employer Worksite Policy for Federal Agencies: “Many workplaces in the federal sector involve a mixed workforce of civil service and private contractor employees.  OSHA requires federal agencies to comply with all occupational safety and health standards and to assume responsibility for worker protection in a manner comparable to private employers, including multi-employer worksite responsibility in appropriate circumstances.  Federal agencies on multi-employer worksites have safety responsibilities comparable to those of private employers in comparable circumstances, whether the workforce is comprised of employees from multiple federal agencies or a mixture of Federal and private-sector employees. The multi-employer worksite policy described in CPL 02-00-124, Multi-Employer Citation Policy, dated December 10, 1999, applies to both construction and non-construction, and to both private and Federal employers.”

c.      A staff of full-time occupational safety and health managers, specialists, and/or collateral duty safety personnel (representatives) shall be maintained and supported at respective organizational levels to advise management in the development, implementation, and administration of the Program.

d.      Safety and occupational health measures shall be included in all Department programs and phases of job performance.

e.      Performance standards for supervisors and managers having authority over employees and/or contractors shall include safety and occupational health responsibilities as a performance-rating element.

f.       Management shall prohibit any actions that would subject employees to restraint, interference, coercion, discrimination, or reprisal for filing a report of an alleged unsafe or unhealthful working condition, or otherwise prohibit participation in the Program. (See DAO 202-771, Administrative Grievance Procedure and DAO 202-955, Allegations of Harassment Prohibited by Federal Law.)

g.      Management shall take expedient actions to:

1.      Identify and correct unsafe/unhealthful working conditions, workplace hazards, and non-compliance with applicable standards, as well as unsafe and unhealthful working conditions reported by employees;

2.      Ensure that responsible procurement officials incorporate into the Department’s contracting process and agreements with contractors, other Federal agencies, and cooperative partners’ actions, such as:

a)      Reviewing contractors’ occupational safety and health performance prior to awarding a contract;

b)      Incorporating occupational safety and health clauses specifying contractors’ responsibilities to comply with applicable requirements; and

c)         Including expected occupational safety and health performance outcomes.

3.      Ensure that the Program is committed to continual improvement of employee safety and health.  To that end, we recognize the importance of employee participation in helping to ensure these policy commitments are translated into appropriate actions.

4.      Ensure that new equipment is assessed to determine that it is free of hazards and safe for use before employees are permitted to operate such equipment.

h.      Employees shall be provided with access to information relevant to the safety and health program and shall be provided mechanisms to:

1.      Identify, report, control, and/or correct workplace hazards within their scope of responsibility and authority;

2.      Report without reprisal job-related fatalities, injuries, illnesses, incidents, and hazards, and make recommendations about appropriate ways to control those hazards;

3.      Receive a prompt response to such reports and recommendations;

4.      Receive supervision, training, and equipment necessary to safely perform their assigned tasks;

5.      Use official time to participate in activities provided for in:  29 CFR 1960.10(d); section 19 of the Act, EO 12196; and the Program; and

6.      Receive regular communication about workplace safety and health matters.


SECTION 5. DEFINITIONS.

This section defines a series of acronyms and terms used throughout the Order. 

Note:  Sources of definitions in this Section include the Program’s legal authorities described in Section 2.02 (of this Order), 29 CFR 1960.2, and the Department’s “Enterprise Risk Management Guidebook.”

Defining these terms serves to enhance the users’ understanding of the requirements specified by the Order and include the following:

.01    Acronyms.

a.      ACGIH – American Conference of Governmental Industrial Hygienists
b.      Act – Occupational Safety and Health Act
c.      AIHA – American Industrial Hygiene Association
d.      ANSI – American National Standards Institute
e.      ASSE − American Society of Safety Engineers
f.       CDSHP – Collateral Duty Safety and Health Personnel
g.      CERCLA − Comprehensive Environmental Response, Compensation, and Liability Act
h.      CFR – Code of Federal Regulations
i.       COR – Contracting Officer’s Representative
j.       COTR – Contracting Officer’s Technical Representative

k.      DAO – Department Administrative Order
l.       DASHO – Designated Agency Safety and Health Official
m.     DOC – Department of Commerce
n.      DOL – Department of Labor
o.      DOO – Department Organization Order
p.      ECOMP – Employees’ Compensation Operations and Management Portal
q.      EO − Executive Order
r.       EPA − Environmental Protection Agency
s.      FAR – Federal Acquisition Regulation
t.       FECA – Federal Employees’ Compensation Act
u.      FACOSH – Federal Advisory Council on Occupational Safety and Health
v.      FOM – Field Operations Manual
w.     ISO – International Organization for Standardization
x.      JHA − Job Hazard Analysis
y.      JSA − Job Safety Analysis
z.      NFPA – National Fire Protection Association
aa.    NIOSH − National Institute for Occupational Safety and Health
bb.    OFEQ – Office of Facilities and Environmental Quality
cc.    OHRM – Office of Human Resources Management
dd.    OHSMS − Occupational Health and Safety Management System
ee.    OOSH – Office of Occupational Safety and Health
ff.     OPM – Office of Personnel Management
gg.    ORM − Operational Risk Management
hh.    OSH – Occupational Safety and Health
ii.      OSHA – Occupational Safety and Health Administration
jj.      OUSHR − Operating Unit Safety and Health Representative
kk.    PPE − Personal Protective Equipment
ll.      PTD − Prevention through Design
mm.  SHO – Department Safety and Health Official
nn.    TLV – Threshold Limit Value
oo.    U.S.C. – United States Code
pp.    VPP − Voluntary Protection Program

.02    Definitions.

a.      Accident/Incident.  An accident/incident is defined as a work-related event that resulted in an injury, amputation, loss of an eye, illness, fatality, property damage, or a near-miss accident/incident that could have resulted in an injury, illness, fatality, or property damage.  Note:  This Accident/Incident definition is derived from DAO 209-3, “Injury, Illness, Accident/Incident, Fatality and Motor Vehicle Accident Reporting and Investigation” (effective July 20, 2015).  The remaining definitions in Section 5 (Definitions) of DAO 209-3 are incorporated by reference into this Order.

b.     Prevention-through-Design (PTD).  The prevention-through-design process is defined as all of the efforts to anticipate and design-out hazards to workers in facilities, work methods and operations, processes, equipment, tools, products, new technologies, and the organization of work.  The focus of PTD is on workers who execute the designs or have to work with the products of the design.  Application of PTD principles is the most reliable and effective type of work-area hazard prevention.

c.     Designated Agency Safety and Health Official.  The DASHO, in accordance with EO 12196 and 29 CFR 1960.6(b), is defined as the Department official with sufficient authority to represent the interest and support of the Secretary and is responsible for the management and administration of the Program.  The Director for Human Resources Management is the DASHO for Commerce.

d.     Department Safety and Health Official.  The Department’s Safety and Health Official (SHO) is defined as the principal assistant to the DASHO and has been delegated responsibilities for all Program matters.  The Director of OOSH is the SHO for the Department.  (See the safety roles and responsibilities hierarchy figure below.)

e.     Operating Unit.  The operating unit is defined in DOO 1.1 “Mission and Organization of the Department of Commerce” – Section 3(c) as: “The operating units of the Department are organizational entities outside the Office of the Secretary charged with carrying out specified substantive functions (i.e., programs) of the Department.”

f.     Safety Coordinator/Specialist.  The Safety Coordinator/Specialist or Safety and Health Representative is designated by the head of a bureau/operating unit or regional support center to be responsible for supporting management in implementing an occupational safety and health program in his/her organization.  The designations assigned to safety coordinators/specialists who support organizational levels include:

1.     Administrative Support Center Regional Safety and Occupational Health Manager (Regional Safety Manager).  The Regional Safety Manager is defined as the employee designated or appointed in writing by the head of an administrative support center to be responsible for supporting the center’s management in implementing the Program at the center.  The Regional Safety Manager is a member of the Department’s Occupational Safety and Health Council.

2.     Bureau/Operating Unit Safety and Occupational Health Manager (Safety Manager).  The Safety Manager is defined as the employee designated or appointed in writing by the head of a bureau/operating unit to be responsible for supporting the bureau/operating unit’s management in implementing the Program in the bureau/operating unit.  The bureau/operating unit Safety Manager is a member of the Department’s Occupational Safety and Health Council.

Note:  The Department opted not to establish an occupational safety and health committee that conforms to the provisions of EO 12196 and 29 CFR Part 1960.  Instead, the Department established the Safety and Health Council, which is chaired by the DASHO, and includes representatives from all bureaus/operating units and Administrative Support Centers (ASCs).

3.      Collateral Duty Safety and Health Personnel (CDSHP).  The CDSHP or Collateral Duty Safety and Health Coordinators are defined as the employees designated in writing by the head of a bureau/operating unit to be responsible for supporting the bureau/operating unit’s management in implementing the Program in the bureau/operating unit and who may work under the direction of the Safety Manager.  The CDSHP is assigned by a bureau/operating unit that has mission or work in a low-risk environment (e.g., office environment, etc.).  The CDSHP has the same safety and health duties as those assigned to the Safety Manager. 

Note: The CDSHP shall receive training necessary for the performance of duties specified by Department programs within the nature and scope of the unit’s operations.  Training may be accomplished by attending the OSHA Training Institute course for Federal Agency Collateral Duty Safety Personnel (OSHA 6000) or a course of instruction by a Department safety professional that encompasses the same curriculum.  At a minimum, training shall include the Program; section 19 of the Act; EO 12196; 29 CFR PART 1960; agency procedures for the reporting, evaluation, and abatement of hazards; procedures for reporting and investigating allegations of reprisal, recognition of hazardous conditions and practices; identification and use of occupational safety and health standards, and other appropriate rules and regulations.  Training should be completed within 6 months of a collateral duty safety assignment.

Hierarchy of DOC Safety Roles and Responsibilities

Hierarchy of DOC Safety Roles and Responsibilities

* Bureaus/operating units that meet any of the following criteria are required to designate a full-time bureau/operating unit safety and health representative (OUSHR) when:  (1) the number of employees in the bureau/operating unit exceeds 2,500; (2) the employees of the bureau/operating unit work in a medium- to high-risk environment (e.g., research laboratories); (3) the bureau/ operating unit experiences 50 or more occupational accidents per year for 2 consecutive fiscal years; and (4) if the bureau/operating unit does not meet any of the criteria listed in (1) through (3), the OUSHR’s functional responsibilities will be assigned as a collateral duty to an appropriate individual in the unit.  Note:  The bureau/operating unit safety and health representative shall meet the OPM standards for Safety and Health Manager/Specialist as defined by 29 CFR 1960.2(s).  Examples of suitable occupations include, but are not limited to:  Safety and Occupational Health Manager/Specialist, GS-0018; Safety Engineer, GS-0803; and/or Industrial Hygienist, GS-0690.

a.     Contractor.  A contractor is defined as any entity, including affiliated entities, such as a parent corporation, under contract with the Department, or a subcontractor at any tier that has responsibilities for performing work at a Department site in furtherance of a Department mission.

b.     Occupational Safety and Health Program (Program).  The Program consists of the following core elements: (1) management leadership and support; (2) employee participation and involvement; (3) workplace hazard identification and assessment; (4) hazard prevention and control; (5) employee education and training; and (6) system planning, evaluation, and improvement.

The Program also: (1) provides guidance, review, and evaluation for the occupational safety and health programs implemented in each Department bureau/operating unit; (2) supports line management through the development and dissemination of technical expertise and assistance in implementation of the policies; (3) assists in recognizing and responding to safety and health concerns; and (4) focuses on value-added activities while conserving Departmental resources.

c.     Safety Culture.  Safety culture is defined as a set of shared beliefs, practices, and attitudes that exist throughout an organization and reflects the shared commitment of management and employees toward ensuring the safety of the work environment.  Culture is the atmosphere created by those beliefs, attitudes, etc., which shape the organization’s behavior. An organization’s safety culture is the result of a number of factors such as:

1.      Management and employee norms, assumptions, and beliefs;

2.      Management and employee attitudes;

3.      Values, myths, stories;

4.      Policies and procedures;

5.      Supervisor priorities, responsibilities, and accountability;

6.      Production and bottom line pressures vs. quality issues;

7.      Actions or lack of action to correct unsafe conditions and behaviors;

8.      Employee training and motivation; and

9.      Employee involvement or “buy-in.”

d.     Risk.  Risk is defined as the possibility that an uncertain event or condition may occur that would negatively impact an organization.  Key to this definition is that the occurrence of the event or condition (probability and severity of loss linked to hazards) is uncertain, implying that it has not occurred yet.  Also, risk is the measure of the expected loss from a given hazard or group of hazards, usually estimated as the combination of the likelihood (probability) and consequences (severity) of the loss.

e.     Risk Management.  Risk management is defined as a continuous process of coordinated activities focused on identifying, assessing, and controlling risks arising from operational factors and making decisions that balance risk cost with operational benefits. The Department is being proactive when trying to manage the risk (event and its impacts) through risk management.  The following terms are core elements of risk management:

1.      Workplace Hazard.  A workplace hazard is defined as the potential for harm resulting from an accident/incident.  In practical terms, a hazard often is associated with a condition or activity (physical, chemical, or biological) that has the potential to cause illness, injury, or death to a person, and/or if left uncontrolled, can result in an accident/incident (e.g., injury, illness, and/or property damage/loss).  Identifying hazards and eliminating or controlling them as early as possible will help prevent accidents/incidents.

2.      Job Hazard Analysis (JHA).  A JHA (also known as a Job Safety Analysis (JSA)) is a procedure that helps integrate accepted safety and health principles and practices into a particular task or job operation.  In a JHA, each basic step or task of the job is assessed to identify potential hazards before they occur and determine the risk of suffering a work-related accident/incident.  The JHA is a technique that focuses on the relationship between the worker, the task, the tools, and the work environment.  Once the potential hazards of a particular task or job operation are identified, controls are put into place to reduce risks associated with the hazards.  Operational Risk Management (see below) is required in conjunction with a JHA when the operation includes variables that can affect the level of risk associated with the operation (weather, lighting, glare, etc.).

3.      Operational Risk Management (ORM).  ORM is the systematic process of identifying hazards, assessing risks, analyzing risk control options and measures, making control decisions, implementing control decisions, accepting residual risks, and supervising/reviewing the activity for effectiveness.  ORM extends functionality of a JHA by providing for variability with an operation.  Note:  See the Department’s “Enterprise Risk Management Guidebook.”

4.      Probability.  Probability is defined as an approximation of the likelihood of a hazard scenario or mishap (accident/incident) occurring.  Generally, probability is assessed as:  frequent, likely, occasional, seldom, or unlikely.

5.      Severity.  Severity is defined as an approximation of the amount of potential harm, damage, or injury associated with a given hazard scenario or mishap (likely to result in an accident/incident).  Generally, severity is assessed as:  catastrophic, critical, marginal, or negligible.

6.      Residual Risk.  Residual risk is defined as the risk associated with a hazard that remains after implementing all planned counter measures or controls to eliminate, reduce, or control the impact of the hazard.  The residual risk may be equal to the initial risk, especially when the initial risk was so low that the hazard did not warrant expenditure of resources to mitigate.

f.     Occupational Health and Safety Management System (OHSMS).  An OHSMS is defined as a comprehensive and system­atic approach used in finding and correcting workplace hazards before injuries or illnesses occur.  It consists of a set of interrelated elements that establish and/or support occupational health and safety policy and objectives, and mechanisms to achieve those objectives in order to continually improve occupational health and safety.  Further, it provides an overarch­ing framework for planning, implementing, evaluating, and improving all workplace safety and health management efforts.  An OHSMS encompasses all workplace hazards, not just those covered by OSHA standards.  

Note: ANSI/AIHA Z10-2012, “Occupational Health and Safety Management Systems,” provides a model OHSMS that was developed in cooperation with OSHA and NIOSH.  Other examples include the draft ISO 45001,“Occupational Health and Safety Management Systems”standard (currently being developed), the proposed revision of OSHA’s voluntary “Safety and Health Program Management Guidelines,” and OSHA’s “Voluntary Protection Program” (VPP).

g.     Inspection.  Inspection is defined as a comprehensive survey of all or part of a workplace in order to detect safety and health hazards.  Inspections are normally performed during regular work hours of the bureau/operating unit, except as special circumstances may require.  Inspections do not include routine, day-to-day visits by bureau/operating unit occupational safety and health personnel, or routine workplace surveillance of occupational health conditions.

h.     Safety and Health Program Assessment.  A safety and health program assessment is defined as the identification, collection, analysis, recording, and reporting of program effectiveness-related data.  The assessment is designed to: (1) evaluate the safety program’s effectiveness in conforming to the requirements of EO 12196, 29 CFR Part 1960, and DOO 10.5; (2) track potential or actual program-related deficiencies that must be corrected; and (3) identify opportunities for continuous improvement.

i.     Loss Source Analysis.  Loss source analysis is a common technique used for the identification of work-related injury and illness trends, and workplace conditions that can cause loss.  A loss source analysis typically consists of an evaluation of the workers’ compensation losses to identify trends, types of accidents, costs associated with claims, injured body parts, and injury time of day, shift, or other factors that can measure or affect safety performance.


SECTION 6. RESPONSIBILITIES.

.01    The DASHO is responsible for the overall administration of the Program, and shall:

a.      Establish the Program to include policy and procedures to carry out the provisions of Section 19 of the Act, EO 12196, and 29 CFR Part 1960;

b.      Establish and maintain the Department’s Office of Occupational Safety and Health (OOSH) with appropriate resources (e.g., adequate budget and staff) to implement the Program;

c.      Set goals and objectives for reducing and eliminating workplace accidents, injuries, and illnesses, as appropriate, and in support of the yearly Department “Power Performance Goals” developed and assigned by OSHA.

Note:  See the DOL Office of Workers Compensation Program’s Power Performance Goals developed for the Department (http://www.dol.gov/owcp/dfec/power/getxls.htm?id=1320000).

d.      Be accountable for all Occupational Safety and Health Program activities of the Department, including compliance with applicable regulations;

e.      Ensure the development, issuance, and maintenance of adequate Program requirements and guidelines so that each bureau/operating unit can implement an appropriate occupational safety and health program;

f.       Ensure the development, issuance, and maintenance of adequate procedures for response to emergencies;

g.      Ensure that periodic assessments and evaluations are conducted to determine the effectiveness of the Program;

h.      Ensure the effective tracking and implementation of corrective actions by their assigned completion dates; and

i.       Chair the Department’s Occupational Safety and Health Council.

.02    The OOSH Director, as a principal assistant to the DASHO, shall:

a.      Oversee all OSH activities, including evaluation of the Program’s effectiveness and compliance with Federal and Departmental requirements;

b.      Develop policy, requirements, roles, responsibilities, and implementation guidance for the Program;

c.      Conduct safety and health program evaluations such as audits, and inspections of the bureaus/operating units to: (1) gather and review information necessary to identify workplace safety and health hazards; and (2) determine the effectiveness of their occupational safety and health programs.  These evaluations should include qualitative assessments of the extent to which their safety and health programs are:

1.      Developed in accordance with the requirements set forth in EO 12196; 29 CFR Part 1960; and

2.      Implemented effectively in all bureaus/operating units’ field activities.

d.      Prepare the annual occupational safety and health report for submission to the Secretary of Labor as required by applicable OSHA regulations (e.g., 29 CFR 1960.71(a));

e.      Provide to OSHA, on a calendar year basis, by May 1st of each new calendar year, the previous year’s listing of DOC bureau establishments and workplace injury and illness data collected, recorded, and reported in accordance with applicable OSHA regulations (e.g., 29 CFR 1904 and 29 CFR 1960.72);

f.       Develop, issue, and maintain adequate Program guidelines so that each bureau/ operating unit can implement an appropriate occupational safety and health program;

g.      Assist bureaus, upon request, with detailed guidance on the development of safety and health programs; and

h.      Develop periodic reporting responsibilities for the bureau/operating unit safety manager and collateral duty representatives as defined in 03.a. below.

.03    Bureaus/Operating Units.

a.      Heads of bureaus/operating units are responsible for providing a safe and healthy work place for their employees and for ensuring development and implementation of an appropriate occupational safety and health program within their units, in conformance with the guidelines addressed in Section 7.01 of this Order.  They shall:

1.      Undertake such other measures as the bureau/operating unit head considers proper to prevent injuries and accidents to employees of the bureau/operating unit;

2.      Develop and distribute safety-related goals and objectives, as well as communication and promotion to:  increase employee awareness of safety and occupational health matters; reduce accidents and injuries among employees of the bureau/operating unit; encourage safe practices; and eliminate work hazards and health risks.  Examples of useful information channels include, but are not limited to:  posting of safety notices, posters, hazard alerts, notices of unsafe or unhealthful working conditions (29 CFR 1960.26(c)(3) and (4)); posting of safety and occupational health goals and results; posting about the bureau/operating unit’s safety and occupational health program challenges and initiatives; and maintaining relevant safety-topics-related webpages, etc.)

3.      Undertake the inspection and/or assessment of all work areas and operations in the bureaus/operating units; and

4.      Undertake the abatement of hazardous conditions identified during the inspection of work areas and operations.

b.      Each bureau/operating unit head shall designate a safety manager or CDSHP and assign them the roles, responsibilities, accountabilities, and authority to implement the Program within the unit.

c.      Ensure the development, issuance, and maintenance of adequate procedures for response to emergencies.

.04    Bureau/Operating Unit Safety and Health Representative (Manager) or CDSHP

The bureau/operating unit safety and health representative (manager) or the collateral duty safety and health coordinator (CDSHP) has the following responsibilities and duties:

a.      Provide safety and health training for employees, including specialized job safety and health training appropriate to the work performed to ensure that employees have the knowledge and skills necessary to fulfill their occupational safety and health obligations.

b.      Perform training needs assessments as required by OSHA’s publication entitled, “Occupational Safety and Health Training Guidelines for Federal Agencies,” to identify performance requirements and the knowledge, skills, and abilities needed by employees to perform their work tasks safely.

c.      Provide adequate training for response to emergencies.

d.      Conduct an annual inspection and/or effectiveness assessment (as appropriate) of all areas, operations, and programs of each workplace (including office operations), for the purpose of assuring safe and healthful working conditions.

Note:  Inspections conducted in accordance with the requirements of 29 CFR 1960.26 are a way of identifying work area and operations’ hazardous conditions and associated risks of injury and illness, including unsafe and unhealthful working conditions, unsafe practices, and unsafe materials and equipment, all of which require abatement.

1.      Only persons meeting the qualifications specified in 29 CFR 1960.25(a) shall be allowed to conduct inspections.

2.      Small establishments or installations may accomplish this requirement by completing a self-inspection questionnaire or checklist.

3.      Using the Operational Risk Management methodology, the work area and operations’ hazardous conditions identified during the inspection shall be ranked based on their risk of causing harm, including serious injury, illness, or death.

4.      More frequent inspections shall be conducted in all workplaces where there is an increased risk of accident, injury, or illness due to the nature of the work performed.

5.      Sufficient inspections and unannounced follow-up inspections should be conducted by the bureau/operating unit to ensure the identification and abatement of hazardous conditions.

6.      Retain records of all inspections for 5 years;

e.      After the inspection (annual or otherwise), assist the official in charge of the workplace, or a person empowered to act for that official, to undertake abatement of hazardous conditions identified during the inspection.  The abatement of the hazardous conditions will be based on their respective risk rankings.  For high risk (serious or imminent danger) hazardous conditions, employees who are not necessary for abatement of the conditions shall be withdrawn from the work area and operations.  In the event the official in charge of the workplace needs assistance to undertake full abatement, that official shall promptly contact the DASHO and other responsible bureau/operating unit officials, who shall assist the abatement effort.

f.       Undertake implementation of DAO 209-3, “Injury, Illness, Accident/Incident, Fatality and Motor Vehicle Accident Reporting and Investigation” (based on 29 CFR 1904) including:

1.      Report to OSHA and OOSH within 8 hours any work-related fatality;

2.      Report to OSHA and OOSH within 24 hours any work-related, inpatient hospitalization of one or more employees, amputations, and losses of an eye.

Note:  Emergency room visits do not need to be reported unless the individual is admitted.

3.      Retain records of work-related accidents, injuries, illnesses (i.e., CD-137, OSHA 301, or other equivalent reporting systems used) and their causes, on OSHA 300 “Log of Work-Related Injuries and Illnesses,” and on OSHA 300A “Annual Summary of Work-Related Injuries and Illnesses” for 5 years;

4.      Post OSHA 300A, Annual Summary for the required 3-months period (beginning February 1 of the year following the year covered by the records, and keep the posting in place until April 30).
Note:  Only post a copy of the Annual Summary (not the corresponding OSHA 300 Log) in each establishment in a conspicuous place or places where notices to employees are customarily posted (website posting is an acceptable alternative).  Ensure that the posted Annual Summary is not altered, defaced, or covered by other material.

5.      Provide to OOSH, on a calendar year basis, the previous year’s: (a) by March 20th of each new calendar year, highlights of the bureau’s/operating unit’s safety and health program as specified by request from OSHA (through OOSH) for inclusion into the Department’s annual report to DOL; (b) by March 15th of each new calendar year, the current listing of the bureau’s/operating unit’s establishments; and (c) by March 15th of each new calendar year, the bureau’s/operating unit’s workplace injury and illness data collected, recorded, and reported in accordance with applicable OSHA regulations (e.g., 29 CFR 1904 and 29 CFR 1960.72);

g.      Post prominently (in a conspicuous place or places where notices to employees are customarily posted (website posting is an acceptable alternative)), the most current OSHA poster – “Occupational Safety and Health Protection for Employees of the U.S. Department of Commerce,” which informs employees of their rights and responsibilities;

h.      Provide employees access to their medical and exposure records;

i.       Do not discriminate against employees who exercise their rights under the Act;

j.       Post OSHA citations and abatement verification notices at or near the worksite;

k.      Abate cited violations within the prescribed period;

l.       Respond to survey requests for data from the Department, Bureau of Labor Statistics, OSHA, or designees of these Federal agencies; and

m.     Undertake completion of workplace hazard assessments to determine if hazards are present (or are likely to be present), which necessitate the use of personal protective equipment (PPE), and select the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment.

.05    Supervisors

Throughout the Department, supervisors shall:

a.      Ensure that their employees comply with Department occupational safety and health standards, regulations, and applicable directives;

b.      Provide a place of employment that is free from recognized hazards;

c.      Initiate proper action to correct hazards and comply with safety practices;

d.      Ensure prompt investigation, reporting, and recordkeeping of all accidents (by implementing DAO 209-3 involving their employees and all accidents occurring in work areas under their jurisdiction;

e.      Complete all work-related accident and motor vehicle accident investigations, reporting, and notifications (as required by DAO 209-3 and 29 CFR 1904) for all accidents and incidents including near-misses and ensure the completed reports are submitted to the bureau/operating unit’s OSH office (if appropriate) within 6 business days;

f.       Based on hazard assessment results, provide properly selected and approved PPE to employees and ensure its proper use;

g.      Provide well-maintained and hazard-free tools and equipment appropriate for the work operations being performed;

h.      Where required, provide for required medical examinations and evaluations;

i.       Incorporate safety standards in employee performance plans, consistent with the employee’s assigned responsibilities and authority; and

j.       Provide appropriate safety and health training for employees, including response to emergencies and specialized job safety and health training appropriate to the work performed by the employee.

k.      Provide opportunities for and encourage employee participation in the bureau/ operating unit’s safety and health program.

.06    Employees.

Throughout the Department, employees shall:

a.      Comply with the Department occupational safety and health standards, rules, regulations, and orders applicable to their individual actions and conduct;

b.      Read the most current “Occupational Safety and Health Protection for Employees of the U.S. Department of Commerce” poster.

c.      Report unsafe or unhealthful conditions and practices to their supervisor or area safety representative and, if appropriate, request an inspection of the workplace;

d.      Report all accidents and incidents including near-miss incidents to their supervisor;

e.      Where required, wear and properly maintain personal protective clothing and equipment; and

f.       On a voluntary basis, participate in the bureau/operating unit’s safety and health program.


SECTION 7.  OCCUPATIONAL SAFETY AND HEALTH STANDARDS.

The Department follows OSHA standards, other Federal safety standards, and national consensus standards that are applicable to the hazards associated with the Department’s scope of work and OSHA-approved alternate standards (29 CFR 1960.17).  A bureau/operating unit may be required to develop specific standards based upon the uniqueness of their missions.  Local regulations, standard operating procedures, JHAs, and checklists will always meet or exceed, where applicable, the safety standards promulgated by Federal regulatory authorities.

.01    Each bureau/operating unit will develop and implement an appropriate occupational safety and health program that is specific to each of its missions and functions that:

Comply with the Act, EO 12196, 29 CFR Part 1960, DOO 10.5, and all applicable OSHA standards, applicable national consensus standards, OSHA-approved alternate standards (29 CFR 1960.17), and the requirements of this Order.

Note:  Any bureau/operating unit should be able to deviate from the requirements of applicable national consensus standards while remaining in compliance with the corresponding OSHA standards.  Deviation from the requirements of applicable national consensus standards would most likely increase the risk level of the equipment or operation.  Therefore, such deviation requires senior management participation and approval in the decision-making process in accordance with the Department’s Operational Risk Management policy.

Applicable standards include:

1.      29 CFR Part 1910 Occupational Safety and Health Standards;

2.      29 CFR Part 1926 Safety and Health Regulations for Construction;

3.      EPA Resource Conservation and Recovery Act;

4.      EPA Comprehensive Environmental Response, Compensation and Liability Act (CERCLA);

5.      Department of Energy and Nuclear Regulatory Commission regulations on the licensing, use,
storage, and disposal of radioactive material; and

6.      Department of Transportation regulations on marking and transporting hazardous materials. 

Examples of national consensus standards, which potentially apply to hazards associated with the Department’s scope of work include, but are not limited to:

1.      American Conference of Governmental Industrial Hygienists (ACGIH), “Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices,” (latest edition) to be applied when the ACGIH Threshold Limit Values (TLVs) are lower (more protective) than permissible exposure limits in 29 CFR 1910.  When the ACGIH TLVs are used as exposure limits, bureaus/operating units must nonetheless comply with the other provisions of any applicable expanded health standard found in 29 CFR 1910;

2.      American National Standards Institute (ANSI) Z88.2, “American National Standard for Respiratory Protection,” (latest edition);

3.      ANSI Z136.1, “Safe Use of Lasers,” (latest edition);

4.      ANSI Z49.1, “Safety in Welding, Cutting and Allied Processes,” (latest edition);

5.      National Fire Protection Association (NFPA) 70, “National Electrical Code,” (latest edition);

6.      NFPA 70E, “Standard for Electrical Safety in the Workplace,” (latest edition);

7.      ANSI/AIHA Z10-2012, “Occupational Health and Safety Management Systems” (or latest edition);

8.      ANSI/ASSE A10.33-2011, “Safety and Health Program Requirements for Multiemployer Projects” (or latest edition);

9.      ANSI/ASSE Z590.3-2011, “Prevention through Design” (or latest edition); and

10.    Any additional specific safety and health requirement needed to protect the safety and health of workers.

Provide systematic policies, practices, and procedures that are adequate to recognize and protect their employees from occupational safety and health hazards.  An effective program includes provisions for the systematic identification, evaluation, and prevention or control of general workplace hazards, specific job hazards, and potential hazards that may arise from foreseeable conditions.  It includes the implementation of the Department’s Operation Risk Management system.

.02    The Department’s Office of Occupational Safety and Health (OOSH) will:

a.      When appropriate, develop, issue, and maintain (as needed) adequate Program requirements, policies (e.g., Administrative Orders or Suborders), and implementation guidelines so that each bureau/operating unit can implement an appropriate Occupational Safety and Health Program.  The Program will be periodically reviewed, updated, and provided at the Office of Occupational Safety and Health’s (OOSH) webpage:
http://hr.commerce.gov/Employees/WorkLifeIssues/DEV01_006093; and

b.      Oversee and assess the bureaus/operating units’ programs activities, including evaluation of effectiveness and compliance with Federal and Departmental requirements.


SECTION 8.  ESSENTIAL PROGRAM ELEMENTS.

The Department’s Program and its support from the OSHMS provides a solid framework for planning, implementing, evaluating, and improving all workplace safety and health management efforts. The Program is designed to encompass all workplace hazards, not just those covered by OSHA standards.  Generally, successful Programs include the following core elements:

.01    Management Leadership and Support for Safety.

This will include a commitment to protect and continually improve employee safety and health, and to assure effective employee participation.  It is essential that the heads of primary bureau/ operating units and other top management officials convey to all personnel, at appropriate intervals, the importance of occupational safety and health in all activities.  Management actions to ensure integration of safety into operations at all levels include, but are not limited to:

a.      Issuance of safety policies and guidelines;

b.      Establishing Program goals and objectives;

c.      Providing adequate resources and support;

d.      Setting good examples;

e.      Including consideration of safety and health hazards and/or problems in program planning and development, facility construction or modifications, procurement, research and design; and

f.       Scheduling periodic management review of safety program operations, performance results, and effectiveness assessment.

.02    Employee Participation and Involvement.

Each bureau/operating unit shall establish and maintain a means for encouraging and supporting employee/labor participation and involvement in the unit’s occupational safety and health program.  For employees in a bargaining unit, the union is the exclusive representative of the employees and the means of union involvement will be accomplished in accordance with the provisions of 5 U.S.C. Chapter 71 and EO 13522, “Creating Labor-Management Forums to Improve Delivery of Government Services.” 

Management leadership, support, and employee/labor participation go hand-in-hand with implementing an effective occupational safety and health program and building a successful workplace safety culture.  The requirement for employee/labor participation may be met in a variety of ways, as long as employees/labor have meaningful alternatives for participating in safety and health hazard/problem identification and resolution.  Examples of acceptable employee participation and involvement include, but are not limited to, the following:

a.      Notifying appropriate managers of hazardous conditions, practices, and issues;

b.      Having hazardous conditions, practices, and issues that are raised be investigated thoroughly, addressed in a meaningful and timely manner, and without fear of reprisal;

c.      Participating in ad hoc safety and health problem-solving groups;

d.      Participating in audits and/or worksite inspections;

e.      Participating in accident and incident investigations;

f.       Developing and/or participating in employee improvement suggestion programs;

g.      Participating in training other employees in workplace safety and health-related matters;

h.      Analyzing job/process hazards;

i.       Acting as safety observers;

j.       Serving on safety and health committees; and

k.      Participating in employee-initiated safety and health committees that are provided with established responsibilities, resources, and training.

.03    Workplace Hazard Identification and Assessment (Inspection).

Detection of unsafe or unhealthful working conditions (workplace hazards) at the earliest possible time is an essential element of an effective safety and health program.  The bureaus/ operating units’ management shall consider whether its facilities, equipment, materials, or work processes could expose employees to recognized workplace safety and health hazards. Failures to identify or recognize hazards are frequent “root causes” of workplace injuries and illnesses, which can have serious business and other consequences.  To protect employees’ safety and health, there must be an active, ongoing effort to identify and assess workplace safety and health hazards.  Each bureau/operating unit shall establish and maintain documented procedures for the ongoing detection and identification (inspection) of workplace hazards, including:

a.      All Department employees and/or their representatives shall be encouraged to report unsafe or unhealthful working conditions using a CD-351 form (or equivalent) to their immediate supervisor;

b.      The supervisor receiving the report of unsafe or unhealthful working conditions (through a completed CD-351 form (or equivalent)) shall promptly investigate the situation and take appropriate actions to resolve the safety condition/issue;

c.      A workplace inspection program is necessary to ensure a safe and healthful work place for all employees.  The bureaus/operating units shall establish and implement programs to conduct periodic workplace inspections.

d.      The inspection program shall be designed to identify workplace hazards and deficiencies that must be corrected to achieve the program’s objectives and to meet the criteria established by OSHA for Federal agencies.

e.      At a minimum, workplaces will be inspected annually by qualified OSH inspectors and must include:

1.      Routine and non-routine activities associated with potential workplace hazards;

2.      Work operations-related activities of all personnel having access to the workplace and potential workplace hazards (including contractors, subcontractors and visitors);

3.      Systematic identification, and evaluation, of general workplace hazards, specific job hazards, and potential hazards that may arise from foreseeable conditions; and

4.      Posting of notices that include workplace hazards identified during the inspection; control measures to be put in place to eliminate the workplace hazards identified during the inspection; and, if appropriate, interim protective measures for employees and contractors while permanent solutions are developed and implemented.

.04    Hazard Prevention and Control. 

Hazardous conditions in the workplace may be prevented through appropriate actions when facilities are designed by using PTD principles, prior to start-up, when operating procedures are developed, and when equipment is purchased and installed.  Notwithstanding these preventive measures, hazards will arise as a result of the dynamics of the workplace environment.  Once hazards are identified, whether through inspection or complaint, immediate action must be taken at the appropriate working (including the lowest possible) level to avoid unreasonable danger and initiate prompt correction.  Each bureau/operating unit shall establish and maintain documented procedures for the ongoing implementation of hazard controls based on the Operation Risk Management system.  Note:  Use of PTD and design review principles have been well-accepted practices in the hazard identification, prevention, and control processes.  These hazard prevention and control procedures may include:

a.      Contacting the bureau/operating unit’s appropriate level safety coordinator/ specialist or safety and health representative, or for assistance in developing and implementing appropriate hazard-control measures;

b.      The immediate response to hazardous conditions may differ from the permanent corrective action;

c.      Where hazard remediation resources are limited, priorities shall be assigned based on their respective risk rankings, to correct the most severe workplace hazards first;

d.      Whenever abatement cannot be accomplished within 30 days, the official in charge of the inspected workplace must produce an abatement plan;

e.      Where the unsafe or unhealthful condition is immediately dangerous to life and limb, and the abatement necessary to correct the unsafe/unhealthful condition is of such an extensive nature that immediate repairs cannot be made to render the area safe, the impacted employees shall not be exposed to the hazard, and alternate accommodations shall be made until the area is made safe;

f.       The procedures for correcting unsafe or unhealthful working conditions shall include a follow-up inspection provision to determine if adequate corrections were made. If the correction was not made, or was not carried out in accordance with the abatement plan, the official in charge of the inspected workplace and the appropriate safety manager must be notified by the inspector of this failure.  Subsequently, if the correction is still not made, the appropriate higher authority must be notified;

g.      Ranking abatement strategies and priorities for work areas and potentially hazardous conditions identified during the inspection, according to the following priorities:

1.      Protect workers from dangerous safety and health conditions;

2.      Select hazard controls based on the following hierarchy:

i.       Elimination or substitution of the hazards where feasible and appropriate;

ii.      Engineering controls where feasible and appropriate;

iii.    Work practices and administrative controls that limit worker exposures; and

iv.     Use of properly selected PPE.

h.      When a hazard cannot be abated within the authority and resources of the official in charge of the establishment, that official shall request assistance from appropriate higher-level authority.  The Regional Safety Manager or Department safety manager, as appropriate, shall be advised of this action and of the interim protective measures in effect, and shall be kept informed of subsequent progress on the abatement plan.

.05    Employee Education and Training. 

Each bureau/operating unit should perform training needs assessments as required by OSHA’s publication entitled “Occupational Safety and Health Training Guidelines for Federal Agencies” to identify performance requirements and the knowledge, skills, and abilities needed by employees to perform their work tasks safely.  The bureau/operating unit shall develop and provide impacted employees, safety and health officials, and all supervisory personnel with appropriate safety and health training and instruction that are:

a.      Based on results of the training-needs analysis, and is part of regular job training;

b.      In compliance with the requirements of 29 CFR 1960.54-.60, 29 CFR Part 1910, this Order, and other applicable Department publications; and

c.      Site-specific, specialized, and appropriate to the work being performed.

d.      Examples of suitable safety and health training include:  indoctrination of new employees; orientation of supervisors; training of supervisors to identify and correct principal job hazards; intensive job instructions on safety factors; control of special hazards; and emergency response and first aid as applicable.

.06    System Evaluation and Improvement.

An occupational safety and health program and associated safety management system evaluations/assessments are very important in ensuring that a program and supporting management system are operating as intended; are developing and achieving measurable goals and objectives; are reducing employee safety and health risks; and are continuously improving the safety and health program’s performance.  System evaluation and improvement also provide a mechanism to identify implementation problems, correct deficiencies, and improve the system.

The Department is required by 29 CFR 1960.78 to develop and implement a process for evaluating the effectiveness of its Program (including the Department’s bureaus/operating units’ programs).  These system evaluation and improvement procedures shall include completion of the following steps:

a.      The DASHO, through OOSH, shall conduct appropriate assessments that include evaluations of the extent to which the program conforms to the requirements of EO 12196 and 1960.

b.      The DASHO, through OOSH, shall develop and submit to the Assistant Secretary of Labor, OSHA, an annual report describing the effectiveness of the Department’s program.
c.      Each bureau/operating unit shall establish and maintain documented procedures for the ongoing implementation of system evaluation and improvement.

d.      Every bureau/operating unit safety and health program shall develop metrics consistent with its strategic goals, operating plan, and mission.

e.      These metrics should include both quantitative and qualitative measures that can provide the bureau/operating unit, as well as outside agencies, a means of evaluating the program.  Note:  Metrics that may be applied to safety performance include both lagging and leading performance indicators.  Examples of such metrics include, but are not limited to: (1) lagging performance indicators such as total work-related injury illness cases, types of cases, rate of accident occurrence, severity and cost, lost-time case rates, compliance with reporting requirements; and (2) leading performance indicators such as regular worksite walk-through inspections for safety completed by managers and supervisors, corrective actions identified by inspections, assessments, walk-throughs, tracking of corrective actions completed, tracking the number of days to take corrective action after a workplace hazard is identified or an incident occurs, employee/management training programs presented, number of individuals trained, management safety-related solicitation for employee participation, sharing safety program operational and performance results with employees, and management action time in response to employee feedback and comments.

f.       The Department’s annual report to OSHA will include a summary and compilation of bureaus/operating units’ self-assessments conducted during the year, as well as program evaluations conducted by OOSH.

Note: OOSH will collate the bureaus/ operating units’ reports into the Departmental report and submit the report to OSHA (1910.71).

g.      The bureaus/operating units’ annual self-assessment reports will be:

1.      Designed to describe the findings of the self-assessment and the effectiveness of the bureau/operating unit’s occupational safety and health program and associated safety management system;

2.      Forwarded, in a timely manner, to OOSH – to be collated into one report for the Department;

3.      Designed to ensure that they achieve and maintain conformance with the requirements of regulatory standards, including of EO 12196, 29 CFR Part 1960 (1960.78 and .79), and this Order (DAO 209-4); and

4.      Designed to include the results of an examination of how effectively the essential program elements outlined in this section are being implemented. 

.07    Safety Compliance – Department versus Contractor Responsibilities. 

The contracting officer is responsible, with input from the safety coordinator/specialist supporting the organization (e.g., the bureau/operating unit safety and occupational health manager), for evaluating and assuring contractor compliance with the occupational safety and health requirements in the contract, and compliance with Federal Acquisition Regulation (FAR) regulations and guidelines.  Specifically, the contracting officer will ensure implementation of:

a.      Interagency Operations and Activities

1.      Where employees of other Federal agencies engage in joint operations and activities and/or primarily report to work, or carry out operations and activities in the same establishment as the Department, the host agency’s safety and health standards adopted under 29 CFR 1960.17, and/or the host agency’s supplemental standards adopted under 29 CFR 1960.18 shall govern.

2.      In the event that a host agency’s safety and health standards do not meet the minimum standards promulgated by the Department, then the Department will apply its standards to Department employees at multi-employer worksites.

b.      Contractor Operations and Activities.

1.      The Department has a legal responsibility to inform contractors and contractor employees of the following before work begins:

a)      Known hazards (including information required under the hazard communication standard (29 CFR 1910.1200)); and

b)      Adverse workplace conditions that may affect the work to be performed.

2.      Contracting Officer, contracting officer’s technical representative (COTR), task order monitor, managers, and supervisors, or any other Department employee who observes unsafe or unhealthful work practices, procedures, or conditions involving a contractor or contractor’s employees, shall inform the contractor of such circumstances and report same to the contracting officer for follow-up action.

3.      Contractors or contractor’s employees are obligated to inform the Department of any known hazards that may affect Department employees.

.08    Management of Change. 

a.      Processes shall be established and implemented to identify and prevent or control hazards and potential risks associated with new processes or operations at the design stage (prevention through design and design review) and changes to existing operations, products, services, or suppliers.

b.      The design review should consider all aspects of design (using PTD principles), construction, operation, maintenance, operation, and decommissioning.  Hazardous conditions in the workplace may be prevented through appropriate actions when facilities are designed, when operating procedures are developed and implemented, and when equipment is purchased and installed.

c.      Notwithstanding the preventive measures implemented, workplace hazards are likely to arise as a result of the dynamics of the workplace environment. 

d.      Once hazards are identified, whether through inspection or complaint, immediate action must be taken to abate the hazards.  The immediate response may differ from the permanent corrective action.

e.      Where hazard remediation resources are limited, priorities shall be assigned through implementation of the Operation Risk Management system to correct the most severe problems first. 

f.       All Department employees shall be encouraged to report unsafe or unhealthful working conditions using a CD-351 form to their immediate supervisor, who will promptly investigate the situation and take appropriate actions to resolve the safety condition/issue.  Supervisors will contact their Safety Office or Collateral Duty Safety Coordinator for assistance.

.09    Accident Investigation, Reports, Records and Analysis, and Data Control Process. 

a.      All accidents and injuries (including personal injury, illness, motor vehicle accident, etc.) will be investigated and reported in accordance with the provisions of DAO 209-3.

b.      A thorough accident investigation process and a comprehensive Safety Management Information System (SMIS) is under development and will be established as the Department-wide system.

c.      As currently planned, the SMIS will provide safety and health-related data required by upper management to determine an occupational safety and health management system’s deficiencies and to identify the focus of health and safety program improvement measures.

d.      Currently, bureaus/operating units will utilize the Department’s CD-137 “Report of Incident, Injury, Illness, Motor Vehicle Accident, Property Damage, or Fatality” form (or equivalent) until the new SMIS is deployed and authorized for use.

e.      Once deployed and authorized, bureaus/operating units will utilize the new Department SMIS for reporting incident, injury, illness, motor vehicle accident, property damage, or fatality.

f.       Until the Department-wide deployment of the SMIS, bureaus/operating units not using CD 137 may use other electronic reporting systems to document accidents/injuries; including the required use of the Employees’ Compensation Operations and Management Portal (ECOMP) as indicated in DAO 209-3 and DAO 202-810.

Note:  Use of ECOMP relies on two Department of Labor (DOL) forms: (1) CA-1, Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation; and (2) CA-2, Notice of Occupational Disease and Claim for Compensation.

.10    Document Control.

Bureaus/operating units shall establish and maintain documented procedures for controlling all safety program-related documents and data to ensure that:

a.      They can be located;

b.      They are periodically reviewed, revised as necessary, and approved for adequacy by authorized personnel;

c.      Current versions of relevant documents and data are available at all locations where operations essential to the effective functioning of a health and safety system are performed;

d.      Obsolete documents and data are promptly removed from all points of issue and points of use or otherwise assured against unintended use; and

e.      Archival documents and data retained for legal or knowledge-preservation purposes, or both, are suitably identified.

.11    Management Review.

The bureau/operating unit’s top management shall, at intervals that it determines, review the health and safety program to ensure its continuing suitability, adequacy, and effectiveness.  The management review process shall ensure that the necessary information is collected to allow management to carry out this evaluation.  This review shall be documented.

The management review shall also address the possible need for changes to policy, objectives, and other elements of a health and safety management system, in light of health and safety audit results, changing circumstances, and the commitment to continual improvement.


SECTION 9.  DEPARTMENT OF COMMERCE OCCUPATIONAL SAFETY AND HEALTH COUNCIL. 

(Note: In accordance with EO 12196 and 29 CFR 1960.6(b).)

.01    Functions.

a.      The Department’s Occupational Safety and Health Council (Council) shall serve as the Department’s reviewing and coordinating body on all occupational safety and health matters.

b.      The Council shall recommend to the DASHO, through the Department’s Safety and Health Programs Manager, changes to the Department’s Occupational Safety and Health Program policy and management to achieve greater program effectiveness.

c.      The Council shall assist in the implementation of the Department’s Program and participate in the evaluation of bureau/operating unit and field activities.

d.      The Council is designed to provide a dynamic forum for sharing knowledge, ideas, expertise, technology, and other occupational safety and health resources among bureau/operating units with the goal of reducing the incidence, severity, and cost of injuries and illnesses.

e.      The Council shall provide interface between operation of the Department’s Program and the Federal Advisory Council on Occupational Safety and Health (FACOSH).  Note:  FACOSH is a Presidential advisory body to the Secretary of Labor.  The Advisory Council is authorized by 5 U.S.C. § 7902, section 19 of the Act (29 U.S.C. § 668), and EO 11612, as amended, to advise the Secretary of Labor on all matters relating to the occupational safety and health of Federal employees.  Interface activities include providing:

1.      Advice on how to reduce and keep to a minimum the number of injuries and illnesses in the Department workforce; and

2.      Means to facilitate the exchange of ideas and information about occupational safety and health (OSH) programs in the Federal Government.

.02    Administrative.

The Department Safety and Health Program Manager will serve as Executive Secretary of the Council.  The Vice Chairperson will be elected from the membership of the Council, and shall serve in that capacity for 1 year.

.03    Membership.

The Department Council shall consist of the DASHO, bureau/operating unit DASHOs, the Department’s Safety and Health Program Manager, the Director of the Office of Facilities and Environmental Quality (OFEQ), and the OUSHRs.  Additional (optional) members (appropriately selected, trained, and designated by bureau/operating unit DASHOs) may include employees, labor, and representatives with special expertise (e.g., diving safety, aviation safety, workers’ compensation (also known as Federal Employees’ Compensation Act (FECA), etc.).

.04    Meetings.

Council meetings will be convened quarterly by the Executive Secretary.  Special meetings may be convened by either the Executive Secretary or Vice Chairperson.

.05    Bureau/Operating Unit Councils/Committees.

Each bureau/operating unit shall develop an Occupational Safety and Health Council with the minimum membership requirements to include the bureau/operating unit’s DASHO, the bureau/operating unit Safety and Health Program Manager, and impacted OUSHRs.  Additional (optional) members (appropriately selected, trained, and designated by bureau/operating unit DASHOs) may include employees, labor, and representatives with special expertise (e.g., environmental compliance, diving safety, aviation safety, workers’ compensation (also known as Federal Employees’ Compensation Act (FECA)), etc.).

.06    Other Safety-related Organizations and Meetings.

Bureau/operating unit (bureau and/or organization) management and leadership shall participate in other initiatives and/or meetings such as Field Federal Safety and Health Councils and the Federal FECA Committee.


SECTION 10.  EFFECT ON OTHER ORDERS.

This order will be supplemented by the Department’s “Occupational Safety and Health Manual” as referenced in DAO 200-0, “Department of Commerce Handbooks and Manuals.”

 

Signed by:Director for Human Resources Management and Chief Human Capital Officer  

Approved by: Chief Financial Officer and Assistant Secretary for Administration

Office of Primary Interest: Office of Occupational Safety and Health (OOSH)


APPENDIX A. Revision History

DAO209-4 Appendix A

 

Questions and Comments

Send Questions or Comments on the Commerce Directives Management program to Directives@doc.gov.

Office of Privacy and Open Government
Office of the Chief Financial Officer and Assistant Secretary for Administration
U.S. Department of Commerce

 

Page last updated:November 15, 2017