DOE O 3790.1B, Federal Employee Occupational Safety and Health Program
Functional areas: Personnel Relations and Services
(All of this ORDER is canceled by DOE O 440.1, except for Chapter VIII.)
Cancels DOE 3790.1A. Canceled by DOE O 341.1.
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 341.1Federal Employee Health Services (Dec 01, 2003)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
THIS PAGE MUST BE KEPT WITH DOE 3790.1B, FEDERAL EMPLOYEE
OCCUPATIONAL SAFETY AND HEALTH PROGRAM.
DOE 3790.1B, FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND
HEALTH PROGRAM, HAS REVISED DOE 3790.1A TO REFLECT
ONLY ORGANIZATIONAL TITLE AND ROUTING SYMBOL EDITORIAL
REVISIONS REQUIRED BY NOTICES IN THE SEN-6 SERIES.
NO SUBSTANTIVE CHANGES HAVE BEEN MADE AT THIS
TIME. HOWEVER, THIS ORDER WILL UNDERGO SUBSTANTIVE
CHANGES IN THE NEAR FUTURE. IF YOU HAVE ANY QUESTIONS
ABOUT PROVISIONS OF THE ORDER, PLEASE CONSULT APPROPRIATE
STAFF MEMBERS IN THE OFFICE OF PERSONNEL. DUE TO THE
NUMBER OF PAGES AFFECTED BY THE REVISIONS, THE ORDER
HAS BEEN ISSUED AS A REVISION.
DOE 3790.1B
1-7-93
Important
All of this Order is cancelled by DOE O 440.1, except for Chapter VIII.
U.S. Department of Energy
Washington, D.C.
ORDER
DOE 3790.1B
1-7-93
SUBJECT: FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
1.
2.
3.
PURPOSE. To set forth policy for the implementation and
administration of the Federal Employee Occupational Safety and Health
Program for the Department of Energy (DOE).
CANCELLATION. DOE 3790.1A, FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND
HEALTH PROGRAM, of 10-22-84.
REFERENCES.
a.
b.
c.
d.
e.
f.
Executive Order 12196, “Occupational Safety and Health Programs
for Federal Employees,” of 2-27-80, which establishes policies
and responsibilities within Federal departments and agencies
for implementation of the Occupational Safety and Health Act of
1970.
Public Law 91-596, Occupational Safety and Health Act of 1970,
which establishes the authority for assuring, so far as
possible, safe and healthful working conditions for employees.
Title 29, Code of Federal Regulations (CFR), Part 1960, Basic
Program Elements for Federal Employee Occupational Safety and
Health Programs, which establishes the requirements and minimum
standards for Federal employee occupational safety and health
programs.
DOE 3771.1, GRIEVANCE POLICY AND PROCEDURES, of 7-2-81, which
provides general policy guidance and instructions and states
responsibilities for establishing and administering the
grievance system.
DOE 5480.1B, ENVIRONMENT, SAFETY, AND HEALTH PROGRAM FOR. . .
DEPARTMENT OF ENERGY OPERATIONS, of 9-23-86, which establishes
the Environmental Protection, Safety, and Health Protection
Program for DOE operations.
DOE 5484.1, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION INFORMATION REPORTING REQUIREMENTS, of 2-24-81,
which establishes the requirements and procedures for the
reporting of information having environmental protection,
safety, or health protection significance for Department of
Energy operations.
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Personnel
2
g. DOE 1324.2A, RECORDS DISPOSITION, of 9-13-88,
descriptions of retention periods for DOE and
records.
DOE 3790.1B
1-7-93
which provides
DOE contractor
h. DOE 4330.4A, MAINTENANCE MANAGEMENT PROGRAM, of 10-17-90, which
provides policy and procedures for the establishment of programs
for the maintenance and repair of the DOE real property.
4.
a.
b.
c.
d.
e.
f.
g.
h.
An agenda containing identified unsafe or
unhealthful working conditions, a proposed timetable for their
correction, and a summary of steps being taken in the interim to
protect employees.
Representatives of employee groups, such
as labor organizations recognized as such by the Department, who
are elected or appointed to represent employees. Where an
employee group is not officially represented by a recognized labor
organization, a nonsupervisory member of that group may be elected
by the employees to be the occupational safety and health
representative.
Section 2
Federal Employee. Any person who is directly employed by the DOE
or who is authorized to work for the Department by law, rule, or
regulation. The term does not include contractor employees.
Formal Inspection. A comprehensive survey of all or part of a
workplace in order to detect safety and health hazards. Formal
inspections do not include routine day-to-day visits or routine
workplace surveillance of occupational health conditions.
Any conditions or practices in any workplace,
which are such that a danger exists, which could reasonably be
expected to cause death or serious physical harm immediately or
before the imminence of such danger, and can be eliminated through
normal procedures.
Qualified Safety and Health Inspector. A person meeting the
Office of Personnel Management (OPM) standards as cited in 29 CFR
part 1960.2(s) or inspector qualifications defined in 29 CFR part
1960.25(a).
Serious Condition. An unsafe or unhealthful working condition in
which there is a substantial probability that death or serious
physical harm could result.
An inspection that is conducted without
alerting responsible management officials prior to the beginning
of the inspection.
DEFINITIONS.
Imminent Danger.
Unannounced Inspection.
Employee Representative.
Abatement Plan.
DOE 3790.1B 3
1-7-93
i. Unsafe or Unhealthful Working Conditions. Situations that cause
or could cause injury or illness to DOE employees in the course of
their employment.
5.. POLICY. It is the policy of the Department to:
a.
b.
c.
Provide places and conditions of employment that are as free as
possible from recognized hazards that cause or are likely to cause
illness or physical harm.
Assure that employees and employee representatives shall have the
opportunity to participate in the Federal Employee Occupational
Safety and Health Program.
Establish programs in safety and health training for all levels of
Federal employees.
Assure that no Federal employee is subject to restraint,
interference, coercion, discrimination, or reprisal for filing a
report of an unsafe or unhealthful working condition, or other
participation regarding the safety and health of Federal
employees.
Consider all Occupational Safety and Health Administration (OSHA)
and 29 CFR part 1960 requirements to be minimum standards for
Federal employees.
6. RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management, as the designated
safety and health official for the Department, is responsible for
the administration and overview of the Federal Employee
Occupational Safety and Health Program, and shall:
(1) Designate an official with sufficient authority and
responsibility to plan for and assure funds for necessary
safety and health staff, equipment, materials, and training
required to manage and administer the program for
Headquarters’ staff and facilities. These responsibilities
are identical to those assigned to Heads of Field Elements
in paragraph 6c, below.
(2) Promulgate policies and directives to establish the program.
(3) Evaluate the managerial effectiveness in establishing and
implementing the Federal Employee Occupational Safety and
Health Program.
d.
e.
DOE 3790.1B
1-7-93
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Prescribe requirements for recordkeeping, reporting, and
statistical analysis necessary to satisfy the provisions of
applicable laws and regulations and, where appropriate,
ensure the confidentiality of information.
Section 3
Promulgate alternate or supplementary standards designed to
minimize safety and health hazards to the Federal employee
work force.
Prepare for the Secretary an annual summary report on the
status of the Federal Employee Occupational Safety and
Health Program.
Establish programs in safety and health training.
Process requests for variances from applicable safety and
health standards.
Monitor the Office of Workers’ Compensation Program to
ensure that occupational injuries and illnesses are properly
recorded within the DOE accident/incident reporting system.
Serve as the principal DOE representative to the Department
of Labor on all matters pertaining to the Federal Employee
Occupational Safety and Health Program.
Serve as DOE liaison with other Federal agencies having
responsibilities in support of the Federal Employee
Occupational Safety and Health Program.
b. Program Secretarial Officers are responsible for implementation of
the program in all activities for which they have direct
management responsibilities and shall ensure the program is
implemented in accordance with the requirements of paragraph 6c,
below.
c. Heads of Field Elements with Delegated Personnel Authority must
establish and maintain Federal employee occupational safety and
health programs that meet the requirements of section 19 of the
Occupational Safety and Health Act of 1970, Executive Order 12196,
29 CFR part 1960, and amplifying DOE directives. In discharging
these responsibilities, they shall:
(1) Designate an official with sufficient authority and
responsibility to plan for and assure funds for necessary
safety and health staff, equipment, materials, and training
required to manage and administer the Federal Employee
Occupational Safety and Health Program.
4
DOE 3790.1B
1-7-93
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
5 (and
Implement the occupational safety and health standards
promulgated under the Occupational Safety and Health Act
1970 and DOE 5480.1B.
6)
of
Ensure prompt abatement of all unsafe or unhealthful working
conditions.
Where appropriate, establish safety and health committees to
assist in the execution of the Federal Employee Occupational
Safety and Health Program.
Provide safety and health training in accordance with
Chapter V of this Order.
Ensure that funds sufficient to conduct the program are
identified in the budget planning process.
Ensure that employees are authorized official time to
participate in the Federal Employee Occupational Safety and
Health Program.
Conduct management evaluations of the safety and health
programs of subordinate field elements at least once every 3
years.
Conduct functional evaluations of safety and health
activities of subordinate field elements with sufficient
scope and frequency to ensure effectiveness.
7. RECORDS RETENTION. Records of all Federal Employee Occupational Safety
and Health Program activities shall be maintained in accordance with
OSHA standards and regulations and DOE 1324.2A, RECORDS DISPOSITION.
BY ORDER OF THE SECRETARY OF ENERGY:
DOLORES L. ROZZI
Director of Administration
and Management
DOE 3790.1B i
1-7-93
TABLE OF CONTENTS
CHAPTER I - INSPECTION AND ABATEMENT PROCEDURES Page
1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
Section 4
3. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
4. Routine Surveillance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-3
5. Safety and Health Inspection Guide for Offices . . . . . . . . . . . . . . I-3
Attachment I-1 - Safety and Health Inspection Guide for
Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-5
CHAPTER II - FEDERAL EMPLOYEE REPORT OF UNSAFE OR UNHEALTHFUL WORKING
CONDITIONS
1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
3. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
4. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
CHAPTER III - NONDISCRIMINATION AND ALLEGATIONS OF REPRISAL
1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
2. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
CHAPTER IV - DISSEMINATION OF INFORMATION
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
2. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
CHAPTER V - SAFETY AND HEALTH TRAINING
1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
2. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
CHAPTER VI - SAFETY AND HEALTH COMMITTEES/FIELD FEDERAL SAFETY AND HEALTH
COUNCILS
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
2. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
CHAPTER VII - FEDERAL EMPLOYEE INDUSTRIAL HYGIENE PROGRAM
1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI
2. Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI
3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI
4. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI
5. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI
Attachment VII-1 - Management’s Policy Statement . . . . . . VI
I-1
I-1
I-1
I-1
I-4
I-11
2.
2.
1.
1.
ii
CHAPTER VIII - FEDERAL EMPLOYEE OCCUPATIONAL MEDICAL PROGRAM
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Nonmandatory Components . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Program Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. Health Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5
DOE 3790.1B
1-7-93
CHAP ER IXT - EVALUATION PROGRAM
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Responsibilities and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Implementation Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Factors for Safety and Health Evaluations . . . . . . . . . . . . . . . . . . .
VIII-1
VIII-1
VIII-2
VIII-2
VIII-3
VIII-7
VIII-7
VIII-7
IX-1
IX-1
IX-1
IX-2
IX-3
1.
1.
DOE 3790.1B
1-7-93
I-1
1.
2.
CHAPTER I
INSPECTION AND ABATEMENT PROCEDURES
PURPOSE. To establish responsibilities and prescribe procedures for
formal inspections, hazard abatement, and routine surveillance.
RESPONSIBIL ITIES AND AUTHORITIES.
a. Director of Administration and Management shall designate an
official who shall assure that all Federal employee occupational
safety and health line management responsibilities, identical to
those assigned to Heads of Field Elements in paragraph 2b, below,
are carried out for the Headquarters.
b. Heads of Field Elements with Delegated Personnel Authority shall
assure that:
(1)
(2)
(3)
(4)
Requests or notifications served on a Departmental Element
by the Department of Labor or the National Institute for
Occupational Safety and Health, relative to its desire or
intent to conduct an inspection, shall be permitted in
accordance with the provisions of 29 CFR parts 1960.31 and
1960.35, provided the inspectors possess appropriate
security clearances. The Director of Administration and
Management and cognizant Program Secretarial Officers shall
be advised immediately of all such requests or
notifications.
Qualified safety and health inspectors conduct formal
inspections at least annually of all areas and operations of
each workplace. More frequent inspections shall be made
where there is an increased risk of accident, injury, or
illness due to the nature of the work performed.
Periodic unannounced inspections and follow up inspections
are conducted.
An employee representative(s) who has an appropriate
security clearance is authorized to accompany safety and
health inspectors during formal inspections. If practical,
the employee representative(s) must be selected by
employees; otherwise, the safety and health inspector shall
interview a number of employees to ascertain the consensus
of the employees and to identify any safety and health
concerns. A different employee representative may
participate during each phase of an inspection.
I-2 DOE 3790.1B
1-7-93
(5) In imminent danger situations, the hazardous condition is
abated immediately and, if necessary, the withdrawal is made
of employees who are not necessary for correcting the
condition.
(6) Unsafe and unhealthful working conditions are promptly
(7) When applicable under DOE 4330.4A, reviews of maintenance
and repair listings are performed periodically by safety and
health inspectors to determine existence and extent of
hazardous conditions.
3. PROCEDURES The following procedures must be followed in conducting
formal inspections:
a. Conduct of Inspection.
(1) The safety and health inspectors shall meet with management
officials of the facility to be inspected to explain the
purposes of the inspection.
Section 6
(2) Prior to or during an inspection, safety and health
inspectors shall obtain the necessary equipment to conduct a
formal workplace inspection and review all relevant records
pertaining to conditions of the workplace to be inspected.
(3) The inspection shall not result in unreasonable disruption
of operations. Safety and health inspectors are authorized
to deny the right of accompaniment to any person whose
participation interferes with the inspection.
(4) Safety and health inspectors shall consult with employees
concerning matters of occupational safety and health and any
employee shall be afforded an opportunity to bring to the
attention of the inspector any unsafe or unhealthful working
condition which the employee has reason to believe exists in
the workplace.
(5) Sampling of work environments shall be conducted where there
is reason to suspect that work processes are creating health
hazards.
(6) If a hazardous condition is determined to be an imminent
danger, appropriate management officials and affected
employees shall be immediately informed.
.
(7) A closing conference shall be conducted with the appropriate
levels of management and the employee representative(s)
present during the inspection. Unsafe and unhealthful
abated.
I-3 (and I-4)DOE 3790. 1B
1-7-93
4.
working conditions disclosed by the inspection and
appropriate abatement procedures shall be brought to
management’s attention at this time.
b. Notices and Abatement Plans.
(1) Within 15 days of completion of an inspection (30 days for
items dealing with health), a written notice shall be
conspicuously posted at or near each place a hazardous
working condition exists until the condition has been abated
or for 3 working days, whichever is longer. Where it is not
practical to post the notice at or near each place, such
notice shall be posted in a prominent place where it will be
readily observable by all affected employees. The notice
shall:
(a) Describe with particularity the nature and extent of
the unsafe or unhealthful working condition(s);
(b) Reference any safety or health standard violated;
(c) Establish a reasonable time for abatement of the
hazardous purposes of the inspection.
(d) Be provided to the appropriate levels of management
and the employee representative(s) who participated in
the closing conference.
(2) An abatement plan shall be developed for the correction of
unsafe and unhealthful working conditions that cannot be
corrected within 30 calendar days. The plan shall:
(a) Explain the circumstances of the delay;
(b) Establish a proposed timetable for abatement;
(c) Explain the steps being taken to protect employees in
the interim;
(d) Be provided to the employee representative(s) who
participated in the inspection.
Unsafe or unhealthful working conditions detected
during routine workplace surveillance activities shall be documented and
brought to the attention of appropriate management officials for
corrective action. Sufficient follow-up actions shall be taken to
ensure corrective action.
Safety and Health Inspection Guide for Offices. To assist in
identifying unsafe and unhealthful working conditions in an office
environment, Attachment I-1, “Safety and Health Inspection Guide for
Offices” is provided for guidance.
Routine Surveillance.
5.
DOE 3790.1B Attachment I-1
1-7-93 Page I-5
SAFETY AND HEALTH INSPECTION GUIDE FOR OFFICES
Section 7
PURPOSE. This guide was developed for use by safety and health inspectors in
conducting inspections of office areas. In addition, this guide can be used
for training collateral duty safety and health personnel, employee
representative, and safety and health committee members thereby enabling such
groups to function appropriately in ensuring a safe and healthful office
environment.
1. FIRE PROTECTION.
e.
f.
Good housekeeping (trash/loose papers).
Books/paper/printouts (properly stored).
Exit lights (visible, operations).
Emergency lights (necessary, visible, operational, properly
positioned).
Emergency egress (adequate, no obstructions).
Fire extinguishers (inspected, operational, adequate).
Fire systems (detection, alarms).
Flammable/combustible liquids (approved and properly labeled
containers, properly stored, minimum quantities, necessary).
2. TRIPPING, SLIPPING, AND FALLING HAZARDS.
a.
b.
c.
d.
e.
f.
g.
h.
i.
Floors kept clean and dry.
Uneven walking surfaces clearly indicated.
Carpeting or floor covering (secured, torn, curled).
Floor tiles (broken, missing, loose, slip resistant wax).
Stairways (clean, suitable handrails, anti-slip treads).
Outlets (appropriately placed/protected).
Extension cords (tripping hazard, covered and when crossing
walking areas).
Ladders or stands available for high files.
Desk and file cabinet drawers kept close.
3. EQUIPMENT.
a. Properly guarded (belts, gears, pulleys).
b. Cabinets/shelves (secured, properly loaded).
Furniture (condition, properly utilized).
d. Office layout (arrangement, walkways).
e. Protruding objects eliminated or guarded (pencil sharpeners).
4. ELECTRICAL HAZARDS.
a. Electrical equipment
in cords and wiring,
b. Electrical equipment
(UL approved, properly connected, no defects
circuits not overloaded).
properly grounded.
a.
b.
c.
d.
g.
h.
c.
Attachment I-1
Page I-6
5. INDUSTRIAL HYGIENE.
DOE 3790.1B
1-7-93
a. Illumination (adequate lighting).
b. Noise (sound enclosures for printers).
Sanitation (clean work environment).
d. Ventilation (adequate ventilation for copiers and microfiche
printers).
e. Video display terminals (proper illumination, free from glare,
appropriate furniture).
f. Chemicals/solvents (material safety data sheets, hazardous
materials specially identified).
6. OTHER ITEMS.
a. Floors are adequate to carry loads placed upon them.
b. Unlettered doors provided with clearly visible identifying marks.
c. Solid swinging doors provided with clear glass observation panels.
d. Conditions existing adjacent to DOE occupied space evaluated as a
source of danger to employees.
e. First-aid services provided or arranged.
c.
II-1DOE 3790.1B
1-7-93
CHAPTER II
FEDERAL EMPLOYEE REPORT OF UNSAFE OR UNHEALTHFUL WORKING CONDITIONS
1. PURPOSE. To establish a formal system for Federal employees to report
unsafe or unhealthful working conditions.
2. GENERAL. Procedures in this Chapter shall not preclude immediate
corrective action by supervisors in response to oral reports of unsafe
or unhealthful working conditions; however, employees shall not be
required to make or await the outcome of such oral reports before filing
a written report to DOE designated personnel or the Department of Labor.
3. RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management shall designate an
official who shall assure that all Federal employee occupational
safety and health line management responsibilities, identical to
those assigned to Heads of Field Elements in paragraph 3b, below,
are carried out for the Headquarters.
Section 8
b. Heads of Field Elements with Delegated Personnel Authority shall
assure that:
(1) A system is in place that permits a Federal employee who
believes that unsafe and unhealthful working conditions
exist to request an inspection by giving notice of the
alleged conditions to DOE designated personnel.
(2) Personnel with sufficient authority and responsibility are
designated to receive reports of unsafe and unhealthful
working conditions.
(3) Inspection and abatement procedures outlined in Chapter I
are utilized during the investigation of reports of unsafe
or unhealthful working conditions.
4. PROCEDURES. The following procedures must be followed in investigating
reports of unsafe or unhealthful working conditions made to DOE
designated personnel:
a. Each report shall be recorded on a log by subject matter.
Sufficient descriptive information such as date, time, and
location of condition shall be maintained for each case recorded.
b. Upon receipt of a report, an inspection shall be made: (1)
immediately for imminent danger conditions; (2) within 3 working
days for potentially serious conditions; and (3) within 20 working
days for all other conditions. However, an inspection may not be
II-2 DOE 3790.1B
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necessary if, through normal management action and with prompt
notification to employees, the hazardous condition(s) identified
can be abated immediately.
c. Employee reports shall be reports to writing either by the person
receiving the report or the employee. Such written reports shall
include the grounds for concern, the name of the employee or
representative of the employee filing the report and, in the case
of oral notification, shall be made available to the reporting
employee for review.
d. Within 15 days following an investigation (30 days for items
dealing with health), a written response to the report, including
a copy of the inspection, if any, shall be provided to the
employee or representative of the employee that filed the report.
A copy of the inspection shall also be provided to appropriate
supervisory personnel in the area affected by the report.
e. If an employee filing a report requests anonymity, the identity of
the employee shall not be revealed to anyone other than an
authorized representative of the Department of Labor or such other
persons as authorized by the complainant.
DOE 3790.1B
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III-1 (and III-2)
NONDISCRIMINATION AND ALLEGATIONS OF REPRISAL
1 . PURPOSE. To establish responsibilities and prescribe procedures
regarding employee participation and rights under the Federal Employee
Occupational Safety and Health Program.
2. RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management shall designate an
official who shall assure that all Federal employee occupational
safety and health line management responsibilities, identical to
those assigned to the Heads of Field Elements in paragraph 2b,
below, are carried out for the Headquarters.
b.
assure that:
(1) No Federal employee shall be subject to restraint,
interference, coercion, reprisal or other discrimination by
virtue of participation in DOE’s Federal Employee
Occupational Safety and Health Program, including the filing
of a report of an unsafe or unhealthful working condition,
or because of the exercise of other rights afforded by
section 19 of the Occupational Safety and Health Act,
Executive Order 12196, and 29 CFR part 1960.
Section 9
(2) Any employee or employee representative who believes that an
act of reprisal or discrimination has been committed may
file a complaint under the grievance procedures described in
DOE 3771.1 or under an applicable negotiated grievance
procedure.
CHAPTER III
Heads of Field Elements with Delegated Personnel Authorityshall
DOE 3790.1B
1-7-93
IV-1 (and IV-2)
1.
2.
CHAPTER IV
DISSEMINATION OF INFORMATION
PURPOSE. To establish responsibilities and prescribe procedures
regarding the dissemination of safety and health program information.
RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management shall designate an
official who shall assure that all Federal employee occupational
safety and health line management responsibilities, identical to
those assigned to the Heads of Field Elements in paragraph 2b,
below, are carried out for the Headquarters.
b. Heads of Field Elements with Delegated Personnel Authority must
implement and maintain a system for the dissemination of Federal
employee occupational safety and health program information and
shall assure that:
(1)
(2)
(3)
The following information is made available to employees and
employee representatives:
(a)
(b)
(c)
(d)
(e)
(f)
Occupational Safety and Health Act of 1970.
Executive Order 12196, “Occupational Safety and Health
Programs for Federal Employees.”
Title 29 CFR Part 1960, Basic Program Elements for
Federal Employee Occupational Safety and Health
Programs.
Safety and
Applicable
Records of
health program directives.
safety and health standards.
recordable occupational injuries and
illnesses.
Occupational safety and health promotional materials are
disseminated for the purpose of employee awareness,
including a poster informing employees of the provisions of
the Occupational Safety and Health Act of 1970, Executive
Order 12196, and other pertinent program information.
A copy of the annual summary of occupational injuries and
illnesses be posted not later than 45 calendar days after
the close of the fiscal year and shall remain posted for a
minimum of 30 calendar days. These summaries shall be
posted in a sufficient number of places to permit employees
to observe a copy.
V-1DOE 3790.1B
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CHAPTER V
SAFETY AND HEALTH TRAINING
1. PURPOSE. To establish responsibilities and prescribe procedures
regarding safety and health training.
2. RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management shall designate an
official who shall assure that all Federal employee occupational
safety and health line management responsibilities, identical to
those assigned to the Heads of Field Elements in paragraph 2b,
below, are carried out for the Headquarters.
b. Heads of Field Elements with Delegated Personnel Authority must
implement and maintain a system for providing appropriate
job-related safety and health training, including training as
required in promulgated safety and health regulations and
standards, for the following groups:
(1)
(2)
(3)
(4)
Training for Top Management. Top management shall be
provided orientation training which will enable them to
manage their programs in a safe manner. Such orientation
training should include coverage under section 19 of the
Occupational Safety and Health Act of 1970, Executive Order
12196, 29 CFR part 1960, and the DOE’s Federal Employee
Occupational Safety and Health Program.
Section 10
Training for Supervisors. Supervisors shall be trained
through introductory and specialized courses and materials
to recognize and eliminate occupational safety and health
hazards in their work units. Such training should also
include the development of requisite skills in managing the
safety and health program within their work unit, including
the training and motivation of subordinates toward safe and
healthful work practices.
Training for Employees. Occupational safety and health
training for employees shall include specialized job safety
and health training appropriate to the work performed. Such
training shall also include informing employees of their
rights and responsibilities under section 19 of the
Occupational Safety and Health Act of 1970, Executive Order
12196, 29 CFR part 1960, and the DOE’s Federal Employee
Occupational Safety and Health Program.
Training for Representatives of Employees. Training for
employees who are representatives of employee groups, such
as labor organizations which are recognized by the
Department, shall include introductory and specialized
V-2 DOE 3790.1B
1-7-93
(5)
courses and materials which will enable such groups to
function appropriately in the interest of ensuring safe and
healthful working conditions and practices in the workplace
and, in particular, to enable them to effectively assist in
the conduct of workplace safety and health inspections.
Nothing in this paragraph shall be construed to alter the
provisions of the Federal Service Labor-Management Relations
Statute, other provisions of law providing for collective
bargaining agreements and procedures, or any agreements
entered into pursuant to such provisions.
Training for Safety and Health Professionals. Safety and
health personnel shall be trained through courses,
laboratory experiences, field study, and other learning
experiences to perform the necessary technical monitoring,
consulting, testing, inspecting, designing, and other tasks
which will enable them to determine whether applicable
standards are being evaluations, recommending corrective
action, and functioning as consultants to management.
(6) Training for Collateral Duty Safety Personnel. Training
should be designed so as to develop skills in hazard
recognition, obtaining qualified evaluations, recommending
corrective action, and functioning as consultants to
management.
VI-1 (and VI-2)DOE 3790.1B
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CHAPTER VI
SAFETY AND HEALTH COMMITTEES/FIELD FEDERAL SAFETY AND HEALTH COUNCILS
PURPOSE. To establish responsibilities and prescribe procedures
regarding the establishment of safety and health committees and
participation in field Federal safety and health councils.
RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management shall designate an
official who shall assure that all Federal employee occupational
safety and health line management responsibilities, identical to
those assigned to the Heads of Field Elements in paragraph 2b,
below, are carried out for the Headquarters.
b. Heads of Field Elements with Delegated Personnel Authority are
encouraged to establish safety and health committees and to
participate in local field Federal safety and health councils. In
discharging this responsibility, they should:
(1) Establish safety and health committees, at appropriate
organizational levels, for the purpose of enhancing
communication between employees and management. The
committees should be composed of representatives of
management and nonmanagement employees. Where there are
exclusive bargaining representatives for employees, such
representatives should select the appropriate nonmanagement
employee members of the committee.
Section 11
(2) Encourage employees to actively participate in local field
Federal safety and health councils. Representatives to
field Federal safety and health councils shall be selected
in accordance with the requirements set forth in 29 CFR part
1960.88.
1.
2.
VII-1DOE 3790.1B
1-7-93
CHAPTER VII
1. PURPOSE. To establish the requirements and guidelines for maintaining
an effective Federal Employee Industrial Hygiene Program.
2. REFERENCE. DOE 5480.4, ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
PROTECTION STANDARDS, of 5-15-84, which identifies DOE statutory and
mandatory standards.
3. DEFINITIONS.
a. Industrial Hygiene is that occupational health science and art
devoted to the recognition, evaluation, and control of
environmental factors or stresses arising in or from the workplace
that may cause sickness, impaired health and well-being, or
significant discomfort and inefficiency among workers or those
with whom they are in contact.
b. Industrial Hygiene Program is the implementation of a written
systematic plan to recognize, evaluate, control, and document
exposure to health hazards in the environment.
c. Industrial Hygiene Staff are individuals who are experienced and
skilled in the art and science of industrial hygiene and who are
retained to provide industrial hygiene program services, as
full-time, part-time, or intermittent employees, or by contract.
4. RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management (AD-1) shall designate
an official who shall assure that all Federal employee industrial
hygiene line management responsibilities, identical to those
assigned to Heads of Field Elements in paragraph 4b, below, are
carried out for the Headquarters. In addition, the designee
shall:
(1)
(2)
(3)
Provide general requirements for the Federal Employee
Industrial Hygiene Program.
Provide advisory and interpretive services on matters
dealing with the policy, responsibilities, requirements, and
procedures contained in this chapter.
Evaluate the performance of the Federal Employee Industrial
Hygiene Program of Headquarters and field elements and, upon
the request of field elements or Program Secretarial
Officers, provide independent evaluations of field elements
Federal Employee Industrial Hygiene Programs.
FEDERAL EMPLOYEE INDUSTRIAL HYGIENE PROGRAM
VII-2 DOE 3790.1B
1-7-93
(4) Upon the request of field elements or Program Secretarial
Officers, provide technical guidance on the evaluation and
control of Federal employee occupational health hazards.
b. Heads of Field Elements with Delegated Personnel Authority shall
establish and maintain a Federal Employee Industrial Hygiene
Program that meets the requirements of 29 CFR part 1960, section
19 of the Occupational Safety and Health Act of 1970 (the Act),
Executive Order 12196 of 2-26-80, and paragraph 2 of this chapter.
In discharging this responsibility, they shall provide a written
and signed policy statement setting forth the purpose and intent
of the Federal Employee Industrial Hygiene Program and clearly
specify the authority vested in the staff administering the
program. An example is provided as Attachment VII-1. (This policy
statement may be incorporated into existing documents covering the
health and safety program). In addition, they shall assure that:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The level of industrial hygiene performance is maintained,
consistent with the intent of this chapter, for those
activities under their direction.
Section 12
Periodic appraisals are conducted of the Federal Employee
Industrial Hygiene Program in accordance with Chapter I.
Additional or more stringent requirements are prescribed, as
appropriate, if it is determined that current standards as
identified in paragraph 2 of this chapter are inadequate to
protect the health and well-being of Federal employees.
Operations are consistent with established procedures to
control exposures to harmful environmental contaminations or
stresses.
Notification is made to the organization’s environmental,
safety, and health staff whenever a new process or facility
is being planned, or whenever an existing process is being
considered for change or modification to allow the impact of
the anticipated change on the work environment to be
evaluated while it is still in the planning stage.
The organization’s environmental, safety, and health staff
evaluates the effectiveness of proposed environmental
control equipment and approves work procedures for its
operation.
The medical organization:
(a) Maintains records of occupational
accordance with the recordkeeping
Act.
illnesses in
requirements of the
DOE 3790.1B
1-7-93
VII-3
(b)
(c)
(d)
Consults with the industrial hygiene staff in the
development of adequate methods to detect exposures to
harmful environmental agents in the context of
periodic physicals or bioassays.
Alerts the industrial hygiene staff to all suspected
occupational illnesses to facilitate early evaluations
and corrections of problems.
Alerts the industrial hygiene staff to all diagnosed
occupational illnesses for follow up investigations.
These follow-ups shall be designed to supply the
information required by the Occupational Safety and
Health Administration (OSHA) Form No. 200F, “Record or
Log of Federal Occupational Injuries and Illnesses,”
or its equivalent.
(8) Procurement officials:
(a) Submit purchase order requests for all identified
hazardous materials to the industrial hygiene staff
for review or other appropriate action.
(b) Participate, as requested by the industrial hygiene
staff, in auditing toxic chemical usage by:
1 Maintaining inventory and use data on toxic
material.
2 Participating in labeling procedures to the
extent required.
3 Assisting the industrial hygiene staff, in
liaison with suppliers of proprietary products,
in obtaining appropriate toxicological
information.
(9) Where industrial hygiene instrumentation is maintained, the
facilities and technical support personnel are available to
implement the requirements of this chapter. If it is
impractical to provide these services onsite, the services
of offsite laboratory facilities and instrument sources
shall be retained.
(lo) Employees are made aware on a continuing basis that they are
required to:
VII-4 DOE 3790.1B
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(a) Observe all safety and health rules and make maximum
use of all prescribed personal protective equipment,
and follow practices and procedures established to
maintain health and safety for them and their fellow
workers.
(b) Notify supervisors immediately of exposures to harmful
agents and when certain conditions or practices may
cause illness or injury.
5. REQUIREMENTS. The following are necessary components for maintaining an
effective Federal Employee Industrial Hygiene Program and for providing
protection in accordance with 29 CFR part 1960, Executive Order 12196,
and section 19 of the Act. The requirements shall be implemented by the
Heads of Field Elements and the designated official for the
Headquarters, as appropriate, to the activity being conducted.
Section 13
a. Industrial Hygiene Staff.
(1) The services of a qualified industrial hygienist must be
available. His or her qualifications must meet the Office
of Personnel Management standard for industrial hygienists.
The extent of industrial hygiene services required are
determined by the Heads of Field Elements, based upon the
size and scope of operations and the magnitude of hazard
potential at the facility.
(2) As an alternative to a staff industrial hygienist, a
part-time or intermittent expert, or a contractor who at the
minimum meets the Office of Personnel Management standard
for industrial hygienists and is apprised of the
requirements of this chapter and other directives (such as
DOE 5480.1B, ENVIRONMENT, SAFETY, AND HEALTH PROGRAM FOR DOE
OPERATIONS) may be retained to augment the field elements in
providing industrial hygiene support.
b. Function.
(1) The Federal Employee Industrial Hygiene Program shall be
designed to preserve employee health and well-being. This
shall be accomplished by recognition, evaluation, and
control of hazardous exposures and stresses found in the
occupational environment. These exposures and stresses
include, but are not limited to, the following:
(a) Chemical (e.g., liquid, particulate, vapor, gas, and
(b) Physical (e. g., electromagnetic radiation, noise,
vibration, magnetic fields, and extremes of
temperature and pressure).
fumes).
DOE 3790.1B
1-7-93
(2)
VII-5
(c) Biological (e.g., infectious diseases).
(d) Ergonomic (e. g., body position in relation to task,
repetitive motion, and mental or physical fatigue).
A program that incorporates the following elements will
provide a mechanism to deal with occupational hazard
exposures, stresses, and potential health hazards:
(a) Identification of Health Hazards. The industrial
hygienist shall identify and document potential health
hazards by reviewing inventories and substances being
stored or utilized by an operation and through his or
her knowledge and assessment of the operations,
periodic walk-through surveys, information provided by
interorganizational communication and coordination,
and the review of proposed new material purchases,
projects, and facilities.
(b) Hazard Evaluation.
1 Once potential health hazards are identified,
the industrial hygienist must determine the
extent of the hazard by any one or a combination
of the following methods:
2
a The examination of work practices;
b Personal and area exposure measurements;
c Sound professional judgment; or
d The application of established standards
or guides (paragraph 2) and scientific
techniques such as air monitoring and
bioassay.
Where potential occupational exposures are
determined to be within permissible exposure
limits, the conclusions of the industrial
hygienist together with the supporting data
shall be recorded. When a potential health
hazard is identified that has no assigned
permissible exposure limit, a guideline on
evaluation and control should be developed based
upon the best available technical information.
3 The industrial hygiene staff shall inform the
medical organization of potential and existing
health hazards identified, the results of hazard
VII-6 DOE 3790.1B
1-7-93
(c)
evaluations, and other industrial hygiene
information needed for the operation of a
medical monitoring program.
Section 14
Control Measures. Whenever it is determined that
exposure to a potential health hazard exists
sufficient to produce illness or injury, or that
applicable requirements are not being followed, the
industrial hygienist shall formally recommend control
measures that must be dictated by each individual
situation. Where feasible, engineering controls shall
be used to prevent exposure to hazards. Administrative
controls and personal protective equipment shall
supplement engineering controls as appropriate. The
following control measures shall be implemented:
1 Respiratory Protection Program. If engineering
and work practices are not feasible or adequate
to protect employees from potential gas, vapor,
and particulate hazards, respirators may be
used. In addition, during the implementation of
engineering or work practice controls or
specific operations involving short,
intermittent exposures or emergencies,
respirators may be used. Where respirators are
used, the respirator program shall contain the
following elements:
a Written procedures for selection and use.
b Proper selection.
c User training.
d Assignment of respirators to individual
workers (where practical).
e Regular cleaning and disinfecting (at
least after each use).
f Storage in a clean, sanitary location.
g Inspection and maintenance (during
cleaning for routinely used equipment and
monthly for emergency equipment).
h Surveillance of work area conditions.
i Inspection and evaluation of program
effectiveness.
DOE 3790.1B
1-7-93
VII-7
j Medical screening of users (initial and
periodic).
k Use of approved respirators.
2 Hearing Conservation Program. A hearing
conservation program must be established for all
Federal employees whose exposure to noise equals
or exceeds an 8-hour time weighted average (TWA)
of 85 decibels (dB). The program shall include
the following elements:
a Identification of work areas and specific
noise sources.
b Monitoring of work areas and
identification of employees exposed at or
above 85dB.
c Conducting baseline, annual, and exit
audiograms for persons exposed at or above
the TWA of 85dB.
An effective personal protection program
which includes providing a variety of
hearing protection devices for persons
exposed to potentially hazardous noise
levels; educating personnel concerning the
need for hearing protection; developing
enforceable regulations concerning use of
personal hearing protection; and selection
of hearing protectors which provide
adequate attenuation for each employee’s
work environment.
e Conducting training at least annually to
discuss the requirements for the hearing
conservation program; the effects of
noise; the purpose, advantages,
disadvantages, and attenuation of various
types of hearing protectors; and the
purpose and procedures of audiometric
testing.
Maintenance of noise exposure records for
a minimum of 2 years and audiometric test
results for as long as the duration of
employment of the affected employee.
d
f
VII-8 DOE 3790.1B
1-7-93
(d)
(e)
Carcinogen Control. Exposure to carcinogens
encountered in the workplace shall be maintained as
low as feasible. Adherence to requirements of existing
applicable standards shall be strictly followed.
Where a carcinogen is present in the workplace for
which a standard does not exist, every effort shall be
made to obtain a suitable substitute or to minimize
employee exposure by application of good industrial
hygiene principles.
Section 15
Periodic Review. The satisfactory control of
occupational health hazards must be given continuing
attention despite the imposition of control measures.
Documented periodic monitoring is essential to assure
maintenance of and shall report to management
regarding the continuing adequacy of controls, the
need for additional measures, or recommendations for
maintenance or reemphasis of administrative controls.
Employees shall be given the opportunity to observe
the monitoring for toxic materials or harmful physical
agents and shall be given access to the results.
(f) Education. Training requirements shall conform to
Chapter V.
(g) Recordkeeping Requirements.
1 Area walk-through surveys that
result in noted deficiencies in control of
hazards, procedures, and violations shall be
documented as to what was observed and what
action was taken. Deficiencies that are
identified in formal compliance inspections
shall be documented in accordance with Chapter
I.
2 Occupational Environmental Monitoring Records.
a The results of personal air samples taken
in the breathing zones or other
environmental monitoring shall be
documented in a manner that can be
audited, that is directly comparable to
the applicable standards, and which can
reasonably be associated with an
individual, a particular job station, or a
job description.
b The industrial hygiene staff’s evaluation
as to compliance or noncompliance with the
standard applicable to a particular
Survey Records.
DOE 3790.1B
1-7-93
VII-9 (and VII-10)
situation shall be clearly evident in the
record. Actions taken in the event of
noncompliance shall be included. The
affected employees shall be notified
promptly of any exposures or potential
exposures exceeding the standards of
paragraph 2.
3 Records Maintenance. Records shall be
maintained in accordance with DOE 1324.2A,
RECORDS DISPOSITION.
4 Records Access. Records access shall be
provided to employees in accordance with OSHA
Safety and Health Standard 29 CFR 1910.20,
“Access to Employee Exposure and Medical
Records.” All designated representatives of
employees must have written authorization from
affected employees in order to have such access.
DOE 3790.1B
1-7-93
Attachment VII-1
Page VII-11 (and VII-12)
MANAGEMENT’S POLICY STATEMENT
United States Governrnent Department of Energy
memorandum
DATE
REPLY TO
ATTN OF AD-54
SUBJECT Federal Employee Industrial Hygiene program
TO All Employees (Organization)
This memorandum sets forth the policy for the Federal Employee Industrial
Hygiene Program at (Organization). Your participation is required to Make
it work. I expect all supervisors and employees to work together to perform
each task safely. Employees’ health is an important consideration in all
work to be performed.
Policy
It is the policy of (Organization) to provide employees with facilities that
are free from recognized hazards that are likely to cause death, physical harm,
or illness. This shall be accomplished by limiting exposure or eliminating
unhealthy conditions, instructing employees in healthful practices, and assuring
compliance with health requirements by all employees. Management, supervisors,
and employees are responsible for the effective implementation of the industrial
hygiene program in their respective areas of activity. They shall reserve suf-
ficient time to plan and perform each task so that the health of employees Is
optimized. Additionally, supervisors and employees shall comply with instruc-
tions issued by the Safety Manager/Industrial Hygienist relating to the industrial
hygiene program. The Safety Hanager/Industrial Hygienist directly represents me
in this program., and I expect your cooperation.
Section 16
Goals of the program include illness prevention, compliance with the Occupational
Safety and Health Administration and other regulatory requirements, mission pro-
tection, damage control, and limitation of liability. Supervisors are responsible
for ensuring any identified residual risk arising from (Organization) activities
is minimized. They shall document any decisions to accept risk after review of
appropriate industrial hygiene evaluations. Management officials are responsible
for seeing that industrial hygiene requirements, including financial requirements,
are planned for as an integral part of (Organization) activities, especially those
relating to development of contracts, Construction, engineering design, procure-
ment, operations, maintenance, and personnel.
(Signature of Organization Director)
DOE 3790.1B
1-7-93
VIII-1
CHAPTER VIII
EMPLOYEE OCCUPATIONAL MEDICAL PROGRAM
1. To establish basic requirements and guidance for developing
and maintaining an effective Federal Employee Occupational Medical
Program that will:
a. Measure the medical fitness of employees to ensure they can
perform their duties without hazard to themselves or others;
b. Assist employees in maintaining or improving their health;
c. Detect the effects of hazardous working conditions and advise on
corrective measures;
d. Establish and maintain a record of each employee’s physical and
health status at the time of each examination;
e. Collect epidemiological data to analyze for statistic trends in
occupational illnesses or injuries; and
f. Protect Department of Energy employees and property.
2. REFERENCES.
a.
b.
c.
d.
e.
Bureau of the Budget Circular A-72, of 6-18-85, which authorizes
the heads of departments and agencies to establish, within the
limits of available appropriations, an occupational health program
with services to be provided as necessary.
DOE 1700.1, FREEDOM OF INFORMATION PROGRAM, of 11-19-79, which
establishes guidelines and procedures for processing requests make
to the Department under the Freedom of Information Act.
DOE 1800.1A, PRIVACY ACT, of 8-13-84, which establishes guidelines
and procedures for implementing the Privacy Act of 1874 (Public
Law 93-579, Title 5 U.S.C. 552a) in the Department.
Federal Personnel Manual Supplement 792-1, Subchapter S2, “Health
Services Authorized and Procurement Sources,” which outlines
health services authorized by paragraph 2b.
Title 5 CFR Part 339, “Medical Determinations Related to
Employability”; Part 432, “Reduction in Grade and Removal Based on
Unacceptable Performance”; Part 752, “Adverse Actions”; and Part
831, “Retirement,” which provide specific authorities and
procedures for agencies to require or request medical information
relevant to making a personnel management decision.
FEDERAL
PURPOSE.
VIII-2
f.
g.
h.
-i.
DOE 3790.1B
1-7-93
Title 5 CFR 630.403, Subpart D, “Sick Leave, Supporting Evidence,”
which permits an agency to require medical or other
administratively acceptable evidence to support absences in excess
of 3 consecutive workdays.
Title 29 CFR 1910.20, “Access to Employee Exposure and Medical
Records,” which provides employees and their designated
representatives the right of access to relevant exposure and
medical records.
Title 5 U.S.C. 7901, Chapter 79, “Service to Employees,” which
authorizes heads of departments and agencies to establish Federal
employee health service programs by contract or otherwise,
following consultations with the Public Health Service.
Section 17
Title 5 U.S.C. 8101 to 8193, “Federal Employees’ Compensation
Act,” which authorizes compensation benefits for work injuries and
for which medical care shall be provided in accordance with
Federal Personnel Manual, chapter 810.
3. DEF INITIONS.
a. Complete Health Evaluation. A medical examination the scope of
which is determined by a physician based upon an individual’s age,
sex, medical history, and position requirements.
b. Hazard. Anything which causes danger, peril, or risk to persons
or property.
c. Hazardous Occupation. Employment which has an associated danger
or peril and a degree of risk for personal injury or illness.
4. RESPONSIBILITIES AND AUTHORITIES.
a. Director of Administration and Management (AD-l), shall designate
an official who will assure that all Federal Employee Occupational
Medical Program line management responsibilities, identical to
those assigned to Heads of Field Elements in paragraph 4b below,
are carried out for Headquarters. In addition, the Director of
Administration and Management shall:
(1) Establish basic requirements for the Federal Employee
Occupational Medical Program.
(2) Provide advisory and interpretive services on matters
dealing with the policy, responsibilities, requirements, and
procedures contained in this chapter.
DOE 3790.1B
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VIII-3
(3) Evaluate the performance of the Federal Employee
Occupational Medical Program of Headquarters and field
elements and, upon the request of Heads of Field Elements or
Program Secretarial Officers, provide special independent
evaluations of the Federal Employee Occupational Medical
Program at field sites.
b. Heads of Field Elements with Delegated Personnel Authority shall
develop, establish, provide, and maintain a Federal Employee
Occupational Medical Program. In discharging this responsibility,
they shall:
(1)
(2)
(3)
(4)
Assure that close cooperation and coordination between
health services personnel and established safety and health
organizations are maintained.
Prescribe additional or more stringent requirements than
those established in this directive when they determine that
such requirements are necessary to protect the health and
well-being of Federal
Determine the number of
types and extent of faci
the working conditions,
program requirements.
employees.
health services personnel and the
lities to be provided, according to
the number of employees, and the
In organizations where a program does not exist, submit
program documentation prepared in accordance with this
chapter to Headquarters for review prior to submission to
the U.S. Public Health Services as required by paragraph 2h,
above.
5. REQUIREMENTS. The mandatory components of a Federal Empl
Occupational Medical Program are as follows:
a. Health Services Personnel.
(1) Health services shall be provided under the
oyee
direction of a
(2)
licensed physician, and nursing services shall be provided
by licensed professional nurses. To the maximum extent
feasible, such physicians and nurses shall be qualified in
occupational medicine and occupational nursing.
As an alternative, Heads of Field Elements may elect to
contract for medical services. When this option is
selected, licensed physicians and nurses shall be qualified
in occupational medicine and occupational nursing, if
possible, and programs shall comply with the requirements of
this chapter.
VIII-4 DOE 3790.1B
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Section 18
b. Preplacement Health Evaluation. Prior to employment, where a
hazard is associated with job performance, each employee shall
have a complete health evaluation, with special emphasis placed
upon the health and physical factors that relate to the hazards of
the position. The purpose of this examination is to determine an
employee’s health status prior to any exposures associated with a
job. In addition, it is to determine the employee’s physical
capabilities and any required accommodations necessary for safe
and healthy job performance. The health evaluation shall be
performed by the health services staff at no cost to the employee.
c. Health Screening Evaluation. Each employee age 45 and over shall
be offered a complete health evaluation annually at no cost to the
employee.
d. Job Change or Transfer Health Evaluation.
(1) Employees who change or transfer job functions with
associated hazards (e.g., electrician to lineman or lineman
to crane operator) shall have their health status and
physical fitness reviewed with emphasis on the effects of
the position vacated and the health and physical factors
that relate to the new job tasks and demands. The
evaluation shall be at no cost to the employee.
(2) Employees who change or transfer from a job function with
associated hazards to a job function with negligible
associated hazards or vice versa (e.g., courier to file
clerk or draftsman to lineman) shall have their health
status and physical fitness reviewed with emphasis on the
effects of the position vacated and the health and physical
factors that relate to the new job tasks and demands, for
whichever involves hazards. The evaluation shall be at no
cost to the employee.
e. Retirement or Separation Health Evaluation. The health status of
an employee who is retiring or separating from a position where
there is an associated hazard shall be determined by a health
evaluation, with emphasis placed upon the health and physical
factors of that position. The evaluation shall be at no cost to
the employee.
f. Return to Work (Fitness-for-Duty) Evaluation. An employee who
occupies a position with an associated hazard, who is absent from
work more than 3 consecutive workdays due to either an
occupational or a nonoccupational illness or injury, shall submit
either a health status report from a personal physician (obtained
at the employee’s expense) to the employee’s supervisor stating
that the employee is fit to work, or shall undergo a health
DOE 3790.1B
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VIII-5
g.
h.
i.
evaluation by the health services staff (at no cost to the
employee) sufficient to ensure that the employee’s return to work
will be without undue health hazard or accident risk to the
employee or others.
Treatment and Medications. The health services staff shall at
their discretion administer the following at no cost to the
employee:
(1) Vaccines or other medications furnished by the employee and
prescribed in writing by the employee’s personal physician
as reasonably necessary to maintain the employee’s health
and well-being while at work; and
(2) Treatment prescribed by a physician providing medical care
in performance-of-duty injury or illness cases under the
Federal Employee’s Compensation Act.
Screening Examinations. Tests and immunizations for specific
diseases shall be provided as necessary by health services
personnel.
Health Education and Counseling, provided at no cost to employees,
shall
(1)
(2)
(3)
include:
Section 19
Lectures on health and health education materials to promote
and encourage employees to improve and maintain personal
health;
Individual counseling on health matters; and
Utilization of available Employee Assistance Program
services.
Treatment of Injuries or Illnesses.
(1) Occupational Injury or Illness. Any employee with an
occupationally related injury or illness shall be initially
examined and treated to allay pain, discomfort, and anxiety
without undue delay and at no cost to the employee. The
scope and content of the examination and treatment shall be
based upon the nature and extent of the injury or illness,
and shall be sufficient to determine whether the employee
may return to work without undue health hazard or accident
risk to the workforce. If necessary, conveyance of the
employee to a local hospital emergency room shall be
provided.
(2) Nonoccupational Injury or illness. On-the-job care is
given, at no cost to the employee, as necessary to allay
pain, discomfort, and anxiety; to allow completion of the
j.
VIII-6 DOE 3790.1B
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workday, and to provide interim care prior to referral of
the employee to his or her physician for private medical
attention.
k. Emergency Training. Employees shall have the opportunity to
receive training in the basic elements of first aid and
cardiopulmonary resuscitation (CPR) and CPR refresher training, at
no cost to the employee.
l. Medical Emergency Response. Areas with the potential for
emergencies shall be identified and a written emergency planning,
preparedness, and response program shall be prepared. The medical
emergency response capability must include the following:
(1) The ability to treat the initial consequences of potential
medical emergencies which might occur on the site and, if
necessary, the ability to process injured or sick personnel
for transfer to offsite medical emergency facilities; and
(2) The capacity to treat the number of patients and types of
illnesses or injuries which are likely to occur on the site.
m. Emergency Tests and Exercises. Medical response capabilities
shall be conducted periodically for the identified potential
emergencies. When practicable, tests and exercises shall be
conducted under simulated emergency conditions.
n. Reporting Requirements.
(1) Heads of Field Elements, the designated Headquarters
official, or designees, shall be advised of the results of
each health evaluation performed on one of their employees
which contains meaningful data relative to physical
limitations and/or work restrictions in order to ensure safe
placement of the employee.
(2) A monthly summary of the tapes of treatments
the health services staff shall be submitted
and health official of each field element or
appropriate.
o. Medical Records.
performed by
to the safety
Headquarters as
(1) Field elements shall maintain records of employee medical
examinations in accordance with instructions of the Office
of Personnel Management in the Federal Personnel Manual,
chapter 339; DOE 1700.1; and DOE 1800.1A.
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VIII-7 (and VIII-8)
7.
8.
(2) Medical records and professional evaluations of current
employees and persons selected for appointment will be
maintained under the control of health service personnel and
for use only by professional personnel, industrial
hygienists, and health physicists.
(3) Employees shall be allowed access to their own records as
specified in paragraph 2g, above.
Section 20
NONMANDATORY COMPONENTS. In order to enhance the Federal Employee
Occupational Medical Program, the following optional health screening is
suggested:
a. Employees under age 45 may be offered a complete health evaluation
on a space-available basis at no cost to the employee.
b. Employees in a hazardous occupation should be given priority
consideration for health evaluations.
PROGRAM GUIDANCE. Additional guidance for servicing personnel officers
in the development of individual medical programs can be obtained from
the Department’s safety and health staff and is also found in paragraphs
2a, d, e, f, h, and i.
HEALTH STANDARDS. Standards and requirements for special health
examinations and health monitoring for Federal employees who work in
jobs involving specific physical, chemical, or biological hazards or
specific stressful work environments will be set forth in separate
attachments to this chapter as they are developed.
6.
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CHAPTER IX
EVALUATION PROGRAM
1. PURPOSE. To establish the evaluation program
Occupational Safety and Health Program.
2. DEFINITIONS.
IX-1
for the Federal Employee
a. Functional Evaluation is an oversight review of a safety or health
specialty discipline to ensure that applicable elements of the
safety and health program have been developed, documented,
implemented, and maintained in accordance with specific safety and
health requirements and needs, e.g., occupational safety,
industrial hygiene, medical, aviation safety.
b. Management Evaluation is a determination of managerial
effectiveness in establishing and implementing safety and health
programs which conform to DOE policy requirements. This is a
documented oversight review and evaluation of management
performance covering various safety and health disciplines and
management responsibilities to ensure proper safety and health
program balance.
3.
a. Director of Administration and Management.
(1)
(2)
(3)
(4)
(5)
Conducts management evaluations of Departmental Elements’
safety and health programs at least once every 3 years.
These evaluations shall provide management with timely and
reliable information concerning their effectiveness in
establishing and implementing the Federal Employee
Occupational Safety and Health Program.
Conducts functional evaluations of Departmental Elements’
safety and health programs with sufficient frequency to
provide meaningful input to the management evaluations.
In the conduct of evaluations, substantially utilizes the
implementation procedures described in paragraph 4.
Develops a schedule showing the evaluations planned for the
following fiscal year and coordinates the evaluation dates
with each organization that is to be evaluated.
May augment evaluation teams with functional experts from
other DOE organizations or from the private sector.
RESPONSIBILITIES AND AUTHORITIES.
IX-2 DOE 3790.1B
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b. Heads of Field Elements with Subordinate Organizations Not
Collocated with the Field Element.
(1)
(2)
(3)
(4)
(5)
Conduct self-evaluations of the management of their
subordinate organizations’ safety and health programs at
least once every 3 years.
Conduct self-evaluations of functional safety and health
specialty disciplines of subordinate organizations with
sufficient scope and frequency to ensure effectiveness.
Ensure that the implementation procedures described in
paragraph 4 are utilized in the conduct of evaluations.
May augment evaluation teams with experts from other DOE
organizations or from the private sector.
Section 21
Prepare a schedule showing the functional and management
evaluations planned for the following fiscal year and
provide a copy to the Director of Administration and
Management not later than 8-1 of each year.
4. IMPLEMENTATION PROCEDURES.
a.
(1)
(2)
(3)
(4)
The Director of Administration and Management’s management
evaluations will be formal activities. The evaluation
methodology will include an opening and closing conference
with the senior staff of the organization being evaluated.
During the closing conference, evaluation findings and
recommendations will be presented. Such conferences are
encouraged when field elements conduct self-evaluations.
The evaluation process shall include the use of applicable
generic factors detailed in paragraph 5. Functional
evaluations of safety and health specialty disciplines shall
be a source of input.
A report of the evaluation shall be prepared and transmitted
to the head of the evaluated organization. Positive
findings shall be emphasized as well as program
deficiencies. Where appropriate, the report shall make
specific recommendations for corrective action(s).
The evaluated organization shall respond to evaluation
reports and indicate what corrective action will be taken on
program deficiencies. Time frames for corrective actions
shall be included in the response.
Management Evaluations.
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(5) Followup visits may be required for the purposes of
reviewing the adequacy of corrective action and determining
whether additional action is necessary. These reviews shall
be presented in writing to the evaluated organization and,
where no additional action is necessary, shall constitute
formal closeout of the evaluation. If no follow up visits
are conducted, the evaluated organization’s response shall
be reviewed during the next evaluation.
b. Functional Evaluations.
(1)
(2)
(3)
(4)
(5)
(6)
Functional evaluations shall be conducted by qualified
specialists.
The evaluation process shall include the use of applicable
generic factors detailed in paragraph 5. Specific emphasis
should be given to program deficiencies noted during
previous functional and management evaluations.
The Director of Administration and Management’s functional
evaluations will be formal activities, and the evaluation
methodology will include an opening and closing conference
with appropriate staff members of the organization being
evaluated. During the closing conference, evaluation
findings and recommendations will be presented. Such
conferences are encouraged when field elements conduct
self-evaluations.
A report of the evaluation shall be prepared and transmitted
either as a component of a management evaluation report or
separately to the head of the evaluated organization.
The evaluated organization shall respond to evaluation
reports and indicate what corrective action will be taken on
noted program deficiencies. Time frames for corrective
actions shall be included in the response.
Follow-up of the evaluated organization’s response shall be
made at the next earliest opportunity, but in no case later
than the next evaluation. Follow-ups shall be confirmed in
writing to the evaluated organization and, where no
additional action is necessary, shall constitute formal
closeout of the evaluation.
5. FACTORS FOR SAFETY AND HEALTH EVALUATIONS. In addition to the detailed
safety and health requirements and standards contained in applicable DOE
Orders, Occupational Safety and Health Administration’s standards and
regulations, and by Executive order, the following generic factors are
to be applied in the safety and health evaluation program:
Section 22
IX-4
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
DOE 3790.1B
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Management Involvement and Support. Adequacy and extent of
management involvement in the operation of the safety and health
program.
Management Directives. Extent to which safety and health
directives are complied with and the extent to which, and how
adequately, local policies are written, published, transmitted,
kept current, and implemented.
Organization and Administration. Structure and effectiveness of
the organization toward ensuring a comprehensive safety and health
program, and determination of the effectiveness of liaison and
coordination between organizational components with regard to the
safety and health program.
Documentation. Adequacy of documentation covering safety and
health activities.
Adequacy of safety and health input
to the budget formation and review processes and adequacy of funds
to implement the safety and health program.
Adequacy in amount and technical skill of staff
assigned to carry out the safety and health program.
Adequacy of training, program promotion, and education
in the areas of safety and health for all groups of employment.
Determination of the adequacy of training records.
Communication and Coordination. Adequacy of information flow on
safety and health matters within the organization.
Performance Measurement. Adequacy of a system established to
implement DOE accident/incident investigation and reporting
requirements. Determination of the adequacy of trend and risk
analyses and resulting effort(s) in accident/incident prevention.
Adequacy of a system to ensure that claims filed with the Office
of Workers’ Compensation Programs are properly recorded within the
DOE accident/incident reporting system.
Evaluation Programs. Frequency, adequacy, and records of
evaluations, including notification of findings with an effective
follow up system.
Inspection and Abatement Program. Adequacy of a safety and health
inspection program, including the scheduled abatement of
deficiencies noted.
Budgeting and Expenditures.
Staffing.
Training.
DOE 3790.1B
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IX-5 (and IX-6)
l. Property Management. Adequacy of measures taken to ensure that
safety and health requirements are translated into specifications,
drawings, procedures, equipment, and instructions.
m. Adequacy of
program involvement by employee representatives through committee
activities, safety and health inspections, access to program
information, and the reporting of unsafe and unhealthful working
conditions through established procedures.
Employee/Employee Representatives Involvement.