§ 1960.42 Initial adoption of agency standards.

(a) In the order to meet the requirements of Executive Order 11807, agencies should proceed to adopt agency standards as soon as possible, pursuant to the provisions of § 1960.41 and this section.

(b) The OSHA standards should in most cases be adopted as agency occupational safety and health standards unless an agency head determines that employees of the agency are not and will not be exposed to working conditions for which an appropriate group of OSHA standards have been promulgated (i.e., that specific subparts of Parts 1910, 1915, 1916, 1917, 1918 and 1926 of this chapter are not relevant to agency working conditions). Consultation with the Secretary of Labor will be available in this regard and will consist of a review of an agency's own evaluation of the nature of agency working conditions, or such additional assistance as is requested by an agency pursuant to the provisions of Executive Order 11807.

(c) Where an agency has already adopted, prior to October 1, 1974 comprehensive agency occupational safety and health standards for the protection of agency employees which are not OSHA standards, the head of such agency may request the Secretary of Labor to consult with him as to the appropriateness of readoption of such standards as the agency occupational safety and health standards required to be adopted pursuant to the provisions of this subpart. Such a request should include copies of the standards proposed to be so readopted, arranged insofar as practicable to correspond to appropriate subparts of the OSHA standards contained in Parts 1910, 1915, 1916, 1917, 1918 and 1926 of this chapter, and should also include any other pertinent information.

(d) Agencies which traditionally adopt occupational safety and health standards as, and only as, part of particular job operation descriptions such as technical manuals, rather than as standards of general applicability to all employees, may request the Secretary of Labor to consult with them as to the consistency of such standards with OSHA standards, and as to the

appropriateness of adoption of such standards pursuant to the provisions of this part. Such a request should be accompanied by a description of the system utilized and its score, proposals to assure that such particular standards are and will be as effective as OSHA standards, and proposals to assure the participation of all interested persons in the adoption of such standards. Where the Secretary of Labor is unable to determine whether such standards are fully consistent with OSHA standards, he shall consult with the agency head as to the appropriate steps he believes necessary.

§ 1960.43 Adoption of different and/or supplementary agency standards.

(a) The head of an agency, at any time after the adoption of standards pursuant to § 1960.42, may adopt in place of particular standards adopted pursuant to § 1960.42 such different standards as he determines are necessary and appropriate for specialized application to particular working conditions and other related needs of the agency. Such standards shall be consistent with the equivalent OSHA standards in accordance with the provisions of the Executive Order; and the head of such agency should consult with the Secretary of Labor prior to the adoption of such standards so as to allow the Secretary to provide such technical advice and guidance as may be necessary and appropriate in making such a determination.

(b) The head of an agency, at any time, should adopt such supplementary standards as he determines are necessary and appropriate for application to working conditions of agency employees for which there exists no appropriate OSHA standards. The head of such agency should consult with the Secretary of Labor prior to the adoption of such standards so as to allow the Secretary to inform the agency head of any relevant matters of which he is aware.

(c) The head of each agency may revise, modify, or revoke any agency occupational safety or health standard, but such actions should be taken in accordance with the procedures established under § 1960.41 and pursuant

to other appropriate provisions of this subpart.

§ 1960.44 Conflicting standards.

(a) Where employees of different agencies primarily engage in joint operations, and/or primarily report to work or carry out operations in the same establishment, as defined in § 1960.2(e), the heads of the agencies involved should consult with each other and with the Secretary of Labor as to the resolution of any conflict or potential conflict between the occupational safety and health standards of the agencies for the conduct of such joint operations and/or the design of such facilities.

(b) Where the head of an agency is required by law to comply with requirements promulgated by a Federal authority affecting the occupational safety and health of the employees of his agency, such requirements might conflict with the agency occupational safety and health standards adopted pursuant to this subpart; that is, compliance with such requirement may make simultaneous compliance with an agency occupational safety and health standard impossible. For example, standards issued by the General Services Administration pertaining to space for which it has assignment responsibility, pursuant to its statutory authority to conserve and protect such property, might create a conflict with the standards adopted pursuant to this part because GSA standards pertain to certain aspects of fire safety and sanitation, as well as levels of illumination, heating, cooling, and gas consumption for government vehicles. In cases where compliance with standards of another agency conflicts with the duty imposed upon the head of an agency to assure employee safety and health pursuant to Section 19 of the Act and Executive Order 11807, the head of such agency should inform the head of the other Federal authority and the Secretary of Labor of such conflict, so that joint efforts to resolve the conflict may be undertaken.

(c) Appropriate employee representatives should be kept informed of any activities undertaken pursuant to this section.

§ 1960.45 Emergency standards.

(a) In emergency situations, the Secretary of Labor will not have the time necessary to consider whether or not emergency temporary occupational safety and health standards adopted by agencies are "consistent" with those emergency temporary OSHA standards promulgated by the Secretary of Labor pursuant to section 6(c) of the Act. Therefore, in the event the Secretary of Labor does promulgate such a standard, the head of each agency should adopt it without change, and should immediately assure that any agency employees exposed to the unsafe or unhealthful working condition involved receives the protection provided for in such standard unless an emergency affecting the national defense makes this impossible. Such standard should remain effective as an agency standard until such time as the Secretary of Labor promulgates a permanent standard and the agency has completed procedures provided for by this subpart for the adoption of an agency occupational safety and health standard.

(b) An agency head may also adopt emergency temporary agency occupational safety and health standards when he deems such action necessary for the protection of agency employees from grave dangers. Such agency head should immediately inform the authorized representatives of employees of the agency and the Secretary of Labor of such action.

§ 1960.46 Access to standards.

(a) Each agency should notify the Secretary of Labor on a quarterly basis of the final adoption, revision, modification, or revocation of any agency occupational safety and health standard taken within the current quarter, and make copies available to him upon request.

(b) Where any incorporation by reference is involved in promulgating, revising or modifying any standard pursuant to this subpart, agencies should follow the rules set forth in 1 CFR 51.6, 51.7, and 51.8. Difficulties in this regard should be reported to the Secretary of Labor, who will consult with the Director of the FEDERAL REGISTER

and then advise agencies in this regard.

§§ 1960.47-1960.49 [Reserved]

Subpart F-Field Federal Safety and Health Councils

SOURCE: 42 FR 59498, Nov. 18, 1977, unless otherwise noted.

§ 1960.50 Purpose.

(a) Executive Order 11807 provides that the Secretary of Labor shall "facilitate the exchange of ideas and information throughout the Government with respect to matters of occupational safety and health through such arrangements as he deems appropriate."

(b) Consistent with this objective, the Secretary of Labor will continue to sponsor and/or provide guidance for those Field Federal Safety and Health Councils now established and in operation, and establish new field councils as necessary. The field councils will consist primarily of qualified representatives of local are Federal field activities whose duties pertain to occupational safety and health, and also of representatives of recognized local labor organizations, or other civilian employee organizations, at local area Federal field activities.

(c) Federal agency heads should ensure that their field activities are officially represented and actively participate in the programs of these councils. In addition, agency heads should encourage official representation and active participation by employee organizations.

§ 1960.51 Role of the Secretary of Labor.

(a) The Secretary of Labor will maintain liaison with agency heads to ensure that they encourage their field activities to participate actively in field council programs. To ensure maximum participation, the field councils' annual reports to the Secretary of Labor will provide descriptions of the degree of participation and support received from Federal field activities. The Secretary of Labor will annually furnish each agency head with a report consolidating the information received as to the participation of the

agency's several field installations in field council activities.

(b) The Secretary of Labor will provide leadership and guidance and make available necessary equipment, supplies, and staff services to the Field Federal Safety and Health Councils to assist them in carrying out their responsibilities. The Secretary of Labor will also, within his capability, provide consultative and technical services to field councils. These services may involve aid in any phases of developing and planning programs; and in sponsoring, conducting or supporting safety and health training courses.

§ 1960.52 Establishing a

Field Federal

Safety and Health Council.

(a) Those field councils established and in operation prior to the effective date of this subpart will continue to function without interruption unless it is the desire of local councils to merge for reasons that would make the council more effective.

(b) The Secretary of Labor may establish a Field Federal Safety and Health Council in any area where ten or more Federal establishments totaling 300 or more employees are located within an are having a radius of 50 miles. In any such area where there is no council already established, a field representative of the Secretary of Labor may, upon his own initiative or at the request of any establishment with the area, contact representatives of all establishments within the area and coordinate their efforts to organize a field council.

(c) After a new Field Federal Safety and Health Council has been organized, officers elected, and articles of organization drafted and accepted by the council membership, a formal request for recognition as a field council will be sent to the Secretary of Labor. Upon approval of the Articles of Organization, a charter will be issued.

§ 1960.53 Objectives.

The basic objective of field councils is to accomplish the greatest possible reduction in the frequency, severity and cost of occuptional accidents, injuries, and illnesses in the Federal Government. Field councils will act on behalf of the Secretary of Labor or his

designees on occupational safety and health activities in carrying out within their respective geographic areas the following functions:

(a) To act as a clearinghouse on information and data on occupational accidents, injuries, and illnesses and their prevention.

(b) To plan, organize, and conduct field council meetings or programs which will give technical advice and information to representatives of participating agencies and employee organizations.

(c) To promote improvement of safety and health programs and organizations in each Federal agency represented or participating in council activities.

(d) To promote coordination, cooperation, and sharing of resources and expertise to aid agencies with inadequate or limited resources. These objectives can be accomplished in a variety of ways. For example, field councils could organize and conduct training programs for collateral duty safety personnel, coordinate or promote programs for courtesy inspections, or, on request, conduct evaluations of the agencies' safety and health programs.

(e) To provide Federal Executive Boards, Federal Executive Associations, and labor union organizations with information on the administrative and technical aspects of safety and health management.

(f) To evaluate the safety and health problems peculiar to local conditions and suggest approaches to eliminating such problems.

(g) To develop a cooperative relationship with local community leaders by informing them of the existing functions and objectives of the council and by calling on them for support and participation in council meetings and activities.

§ 1960.54 Membership.

(a) Each field council will consist of representatives of local Federal activities appointed by their respective activity heads as members or alternates and selected from individuals in the following categories. Categories (1), (2) and (3) refer solely to Federal personnel meeting the prescribed qualifications.

(1) Safety and health professionals. This category of membership includes Federal personnel identified in

§ 1960.2(h). Upon request, agencies should provide field counci's, with rosters of their personnel holding those titles referred to in § 1960.2(h).

(2) Related professions, occupations, or collateral duty personnel. This category of membership includes persons employed in professions or occupations related to or concerned with safety and health of employees.

(3) Representatives of recognized Federal labor or other employee organizations. This category of membership includes representatives of recognized local labor organizations, if any, or other employee organizations representing civilian employees in each Federal field activity comprising the field council. Appointment of these members for attendance at meetings or participation in field council activities will be by their respective activity heads after consultation and/or negotiation with appropriate employee representatives. The term and conditions of service of each representative will be at the discretion of each representative's activity head. As used in this paragraph, the term "consultation and/or negotiation with appropriate employee representatives" shall inIclude such consultation, conference or negotiation with representatives of Federal establishment employees as is consistent with Executive Order 11491, as amended, Executive Order 11636, or other collective bargaining arrangements. As used in this paragraph, the terms "recognized local labor organizations" and "appropriate employee representatives" should be interpreted with due regard for any obligation imposed by the aforementioned Executive Orders and any labor agreement that may cover the employees involved.

(4) Representatives from nongovernment organizations. Associate membership may be granted to any nongovernment individual who has demonstrated interest in occupational safety and health. An associate member has no voting rights and may not hold any office.

(b) A primary objective of the Field Federal Safety and Health Council is

to facilitate an exchange of ideas and information with respect to health and safety. Accordingly, no maximum limitation will be imposed by a Field Federal Safety and Health Council on itself, under the articles of organization developed in accordance with § 1960.52(c), in regard to the numbers of personnel in any of the above categories that will be members and/or attend meetings and/or participate in field council activities.

(c) All officially designated members and representatives or their alternates shall have voting privileges and serve without additional compensation.

§ 1960.55 Organization.

(a) Field council officers should include as a minimum, a chairperson, vice chairperson, and secretary. Officers should be elected for a one or twoyear term on a calendar year basis by a majority vote of the representatives present at a regularly scheduled meeting. Election of officers should be held at least 60 days before the beginning of a calendar year.

(b) There should be a Field Council Executive Committee consisting of all elected officers, chairpersons of appointed committees, the immediate past chairperson of the field council and a representative of employees who is a member of the field council who has been selected or elected by the union representatives who are members of the council. The executive committee should meet as necessary on the call of the chairperson.

(c) In order for the Executive Committee of the Field Council to be properly representative of the membership, it should not have more than two representatives from the same field ac

tivity.

(d) Committees may be appointed by the chairperson for specific purposes as warranted.

§ 1960.56 Operating procedures.

(a) The Executive Committee of each council should meet at least 45 days before the beginning of each calendar year and plan an annual program for the council designed to accomplish the objectives and functions stated in § 1960.53. Planning should inIclude the establishment of necessary

committees, types of programs and places of meetings to be held. Duties of all officers of the field council should be clearly established.

(b) The council program should include at least four general meetings per year.

(c) At the first general meeting of the council, committees should be appointed and the cooperation of all participants should be solicited to aid the functioning of committees and the successful accomplishment of the council's objectives.

(d) Meetings and other activities of the field council should be conducted as outlined in the council schedule.

(e) Each field council will submit to the Secretary of Labor or his designee by March 15 of each year a report describing the activities and programs of the previous calendar year and plans for the current year. In addition, the report will address the support provided by local agencies including representatives' attendance. The Office of Federal Agency Safety Programs— OSHA-will furnish guidelines to field councils in preparing their reports.

§§ 1960.57-1960.59 [Reserved]