
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7902]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                    CHAPTER 79--SERVICES TO EMPLOYEES
 
Sec. 7902. Safety programs

    (a) For the purpose of this section--
        (1) ``employee'' means an employee as defined by section 8101 of 
    this title; and
        (2) ``agency'' means an agency in any branch of the Government 
    of the United States (not including the United States Postal 
    Service), including an instrumentality wholly owned by the United 
    States, and the government of the District of Columbia.

    (b) The Secretary of Labor shall carry out a safety program under 
section 941(b)(1) of title 33 covering the employment of each employee 
of an agency.
    (c) The President may--
        (1) establish by Executive order a safety council composed of 
    representatives of the agencies and of labor organizations 
    representing employees to serve as an advisory body to the Secretary 
    in furtherance of the safety program carried out by the Secretary 
    under subsection (b) of this section; and
        (2) undertake such other measures as he considers proper to 
    prevent injuries and accidents to employees of the agencies.

    (d) The head of each agency shall develop and support organized 
safety promotion to reduce accidents and injuries among employees of his 
agency, encourage safe practices, and eliminate work hazards and health 
risks.
    (e) Each agency shall--
        (1) keep a record of injuries and accidents to its employees 
    whether or not they result in loss of time or in the payment or 
    furnishing of benefits; and
        (2) make such statistical or other reports on such forms as the 
    Secretary may prescribe by regulation.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 91-596, 
Sec. 19(c), Dec. 29, 1970, 84 Stat. 1610; Pub. L. 105-241, Sec. 2(b)(2), 
Sept. 28, 1998, 112 Stat. 1572.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 784 (less (a)).      Sept. 16, 1916, ch.
                                                    458, Sec.  33 (less
                                                    (a)); added
                     ............................  Dec. 22, 1944, ch.
                                                    664, 58 Stat. 887.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  209, 63
                                                    Stat. 865.
------------------------------------------------------------------------

    Subsection (a) is added on authority of former sections 790(b) and 
794 (1st sentence), which are carried into section 8101.
    The words ``Secretary of Labor'' and ``Secretary'' are substituted 
for ``Administrator'' on authority of section 1 of 1950 Reorg. Plan No. 
19, eff. May 24, 1950, 64 Stat. 1271.
    Subsection (b) is restated for clarity. The words ``under section 
941(b)(1) of title 33'' are substituted for ``The provisions of section 
941 of title 33 shall, insofar as not inapplicable, apply'' on authority 
of section 941(g)(2) of title 33. The reference to ``a safety program'' 
is based in part on the words ``in furtherance of the safety program 
carried out by the Secretary pursuant to this section'' in former 
section 784(c).
    In subsection (d), the word ``foster'' is omitted as included in 
``develop and support''. The words ``and reduce compensable injuries'' 
are omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-241 inserted ``(not including the 
United States Postal Service)'' after ``Government of the United 
States''.
    1970--Subsec. (c)(1). Pub. L. 91-596 included representatives of 
labor organizations representing employees.

                        Executive Order No. 10990

    Ex. Ord. No. 10990, Feb. 5, 1962, 27 F.R. 1065, which provided for 
the establishment of a Federal Safety Council, was superseded by Ex. 
Ord. No. 11612, July 26, 1971, 36 F.R. 13891, formerly set out below.

                        Executive Order No. 11612

    Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, which related to 
occupational safety and health programs for federal employees, was 
superseded by Ex. Ord. 11807, Sept. 28, 1974, 39 F.R. 35559, formerly 
set out below.

                        Executive Order No. 11807

    Ex. Ord. No. 11807, Sept. 28, 1974, 39 F.R. 35559, which related to 
occupational safety and health programs for federal employees and 
continued the Federal Advisory Council on Occupational Safety and 
Health, was revoked by Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, 
set out below.

Ex. Ord. No. 12196. Occupational Safety and Health Programs for Federal 
                                Employees

    Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, as amended by Ex. 
Ord. No. 12223, June 30, 1980, 45 F.R. 45235; Ex. Ord. No. 12608, Sept. 
9, 1987, 52 F.R. 34617, provided:
    By the authority vested in me as President by the Constitution and 
statutes of the United States of America, including Section 7902(c) of 
Title 5 of the United States Code and in accord with Section 19 of the 
Occupational Safety and Health Act of 1970, as amended (29 U.S.C 668), 
it is ordered:

                    1-1. Scope of this Order

    1-101. This order applies to all agencies of the Executive Branch 
except military personnel and uniquely military equipment, systems, and 
operations.
    1-102. For the purposes of this order, the term ``agency'' means an 
Executive department, as defined in 5 U.S.C. 101, or any employing unit 
or authority of the Federal government, other than those of the judicial 
and legislative branches. Since section 19 [29 U.S.C. 668] of the 
Occupational Safety and Health Act (``the Act'') [29 U.S.C. 651 et seq.] 
covers all Federal employees, however, the Secretary of Labor (``the 
Secretary'') shall cooperate and consult with the heads of agencies in 
the legislative and judicial branches of the government to help them 
adopt safety and health programs.

                     1-2. Heads of Agencies

    1-201. The head of each agency shall:
    (a) Furnish to employees places and conditions of employment that 
are free from recognized hazards that are causing or are likely to cause 
death or serious physical harm.
    (b) Operate an occupational safety and health program in accordance 
with the requirements of this order and basic program elements 
promulgated by the Secretary.
    (c) Designate an agency official with sufficient authority to 
represent the interest and support of the agency head to be responsible 
for the management and administration of the agency occupational safety 
and health program.
    (d) Comply with all standards issued under section 6 of the Act [29 
U.S.C. 655], except where the Secretary approves compliance with 
alternative standards. When an agency head determines it necessary to 
apply a different standard, that agency head shall, after consultation 
with appropriate occupational safety and health committees where 
established, notify the Secretary and provide justification that 
equivalent or greater protection will be assured by the alternate 
standard.
    (e) Assure prompt abatement of unsafe or unhealthy working 
conditions. Whenever an agency cannot promptly abate such conditions, it 
shall develop an abatement plan setting forth a timetable for abatement 
and a summary of interim steps to protect employees. Employees exposed 
to the conditions shall be informed of the provisions of the plan. When 
a hazard cannot be abated without assistance of the General Services 
Administration or other Federal lessor agency, an agency shall act with 
the lessor agency to secure abatement.
    (f) Establish procedures to assure that no employee is subject to 
restraint, interference, coercion, discrimination or reprisal for filing 
a report of an unsafe or unhealthy working condition, or other 
participation in agency occupational safety and health program 
activities.
    (g) Assure that periodic inspections of all agency workplaces are 
performed by personnel with equipment and competence to recognize 
hazards.
    (h) Assure response to employee reports of hazardous conditions and 
require inspections within twenty-four hours for imminent dangers, three 
working days for potential serious conditions, and twenty working days 
for other conditions. Assure the right to anonymity of those making the 
reports.
    (i) Assure that employee representatives accompany inspections of 
agency workplaces.
    (j) Operate an occupational safety and health management information 
system, which shall include the maintenance of such records as the 
Secretary may require.
    (k) Provide safety and health training for supervisory employees, 
employees responsible for conducting occupational safety and health 
inspections, all members of occupational safety and health committees 
where established, and other employees.
    (l) Submit to the Secretary an annual report on the agency 
occupational safety and health program that includes information the 
Secretary prescribes.

         1-3. Occupational Safety and Health Committees

    1-301. Agency heads may establish occupational safety and health 
committees. If committees are established, they shall be established at 
both the national level and, for agencies with field or regional 
offices, other appropriate levels. The committees shall be composed of 
representatives of management and an equal number of nonmanagement 
employees or their representatives. Where there are exclusive bargaining 
representatives for employees at the national or other level in an 
agency, such representatives shall select the appropriate nonmanagement 
members of the committee.
    1-302. The committees shall, except where prohibited by law,
    (a) Have access to agency information relevant to their duties, 
including information on the nature and hazardousness of substances in 
agency workplaces.
    (b) Monitor performance, including agency inspections, of the agency 
safety and health programs at the level they are established.
    (c) Consult and advise the agency on the operation of the program.
    1-303. A Committee may request the Secretary of Labor to conduct an 
evaluation or inspection pursuant to this order if half of a Committee 
is not substantially satisfied with an agency's response to a report of 
hazardous working conditions.

                    1-4. Department of Labor

    1-401. The Secretary of Labor shall:
    (a) Provide leadership and guidance to the heads of agencies to 
assist them with their occupational safety and health responsibilities.
    (b) Maintain liaison with the Office of Management and Budget in 
matters relating to this order and coordinate the activities of the 
Department with those of other agencies that have responsibilities or 
functions related to Federal employee safety and health, including the 
Office of Personnel Management, the Department of Health and Human 
Services, and the General Services Administration.
    (c) Issue, subject to the approval of the Director of the Office of 
Management and Budget, and in consultation with the Federal Advisory 
Council on Occupational Safety and Health, a set of basic program 
elements. The program elements shall help agency heads establish 
occupational safety and health committees and operate effective 
occupational safety and health programs, and shall provide flexibility 
to each agency head to implement a program consistent with its mission, 
size and organization. Upon request of an agency head, and after 
consultation with the Federal Advisory Council on Occupational Safety 
and Health, the Secretary may approve alternate program elements.
    (d) Prescribe recordkeeping and reporting requirements.
    (e) Assist agencies by providing training materials, and by 
conducting training programs upon request and with reimbursement.
    (f) Facilitate the exchange of ideas and information throughout the 
government about occupational safety and health.
    (g) Provide technical services to agencies upon request, where the 
Secretary deems necessary, and with reimbursement. These services may 
include studies of accidents, causes of injury and illness, 
identification of unsafe and unhealthful working conditions, and means 
to abate hazards.
    (h) Evaluate the occupational safety and health programs of agencies 
and promptly submit reports to the agency heads. The evaluations shall 
be conducted through such scheduled headquarters or field reviews, 
studies or inspections as the Secretary deems necessary, at least 
annually for the larger or more hazardous agencies or operations, and as 
the Secretary deems appropriate for the smaller or less hazardous 
agencies.
    (i) Conduct unannounced inspections of agency workplaces when the 
Secretary determines necessary if an agency does not have occupational 
safety and health committees; or in response to reports of unsafe or 
unhealthful working conditions, upon request of occupational safety and 
health committees under Section 1-3; or, in the case of a report of an 
imminent danger, when such a committee has not responded to an employee 
who has alleged to it that the agency has not adequately responded to a 
report as required in 1-201(h). When the Secretary or his designee 
performs an inspection and discovers unsafe or unhealthy conditions, a 
violation of any provisions of this order, or any safety or health 
standards adopted by an agency pursuant to this order, or any program 
element approved by the Secretary, he shall promptly issue a report to 
the head of the agency and to the appropriate occupational safety and 
health committee, if any. The report shall describe the nature of the 
findings and may make recommendations for correcting the violation.
    (j) Submit to the President each year a summary report of the status 
of the occupational safety and health of Federal employees, and, 
together with agency responses, evaluations of individual agency 
progress and problems in correcting unsafe and unhealthful working 
conditions, and recommendations for improving their performance.
    (k) Submit to the President unresolved disagreements between the 
Secretary and agency heads, with recommendations.
    (l) Enter into agreements or other arrangements as necessary or 
appropriate with the National Institute for Occupational Safety and 
Health and delegate to it the inspection and investigation authority 
provided under this section.

  1-5. The Federal Advisory Council on Occupational Safety and 
                             Health

    1-501. The Federal Advisory Council on Occupational Safety and 
Health, established pursuant to Executive Order No. 11612, is continued. 
It shall advise the Secretary in carrying out responsibilities under 
this order. The Council shall consist of sixteen members appointed by 
the Secretary, of whom eight shall be representatives of Federal 
agencies and eight shall be representatives of labor organizations 
representing Federal employees. The members shall serve three-year terms 
with the terms of five or six members expiring each year, provided this 
Council is renewed every two years in accordance with the Federal 
Advisory Committee Act [5 U.S.C. App.]. The members currently serving on 
the Council shall be deemed to be its initial members under this order 
and their terms shall expire in accordance with the terms of their 
appointment.
    1-502. The Secretary, or a designee, shall serve as the Chairman of 
the Council, and shall prescribe rules for the conduct of its business.
    1-503. The Secretary shall make available necessary office space and 
furnish the Council necessary equipment, supplies, and staff services, 
and shall perform such functions with respect to the Council as may be 
required by the Federal Advisory Committee Act, as amended (5 U.S.C. 
App.).

              1-6. General Services Administration

    1-601. Within six months of the effective date of this order the 
Secretary of Labor and the Administrator of the General Services 
Administration shall initiate a study of conflicts that may exist in 
their standards and other requirements affecting Federal employee safety 
and health, and shall establish a procedure for resolving conflicting 
standards for space leased by the General Services Administration.
    1-602. In order to assist the agencies in carrying out their duties 
under Section 19 of the Act [29 U.S.C. 668] and this order the 
Administrator shall:
    (a) Upon request, require personnel of the General Services 
Administration to accompany the Secretary or an agency head on any 
inspection or investigation conducted pursuant to this order of a 
facility subject to the authority of the General Services 
Administration.
    (b) Assure prompt attention to reports from agencies of unsafe or 
unhealthy conditions of facilities subject to the authority of the 
General Services Administration; where abatement cannot be promptly 
effected, submit to the agency head a timetable for action to correct 
the conditions; and give priority in the allocation of resources 
available to the Administrator for prompt abatement of the conditions.
    (c) Procure and provide safe supplies, devices, and equipment, and 
establish and maintain a product safety program for those supplies, 
devices, equipment and services furnished to agencies, including the 
issuance of Material Safety Data Sheets when hazardous substances are 
furnished them.

                     1-7. General Provisions

    1-701. Employees shall be authorized official time to participate in 
the activities provided for by this order.
    1-702. Nothing in this order shall be construed to impair or alter 
the powers and duties of the Secretary or heads of other Federal 
agencies pursuant to Section 19 of the Occupational Safety and Health 
Act of 1970 [29 U.S.C. 668]. Chapter 71 of Title 5 of the United States 
Code, Sections 7901, 7902, and 7903 of Title 5 of the United States 
Code, nor shall it be construed to alter any other provisions of law or 
Executive Order providing for collective bargaining agreements and 
related procedures, or affect the responsibilities of the Director of 
Central Intelligence to protect intelligence sources and methods (50 
U.S.C. 403(d)(3)).
    1-703. Executive Order No. 11807 of September 28, 1974, is revoked.
    1-704. This order is effective October 1, 1980.

                        Executive Order No. 12566

    Ex. Ord. No. 12566, Sept. 26, 1986, 51 F.R. 34575, which related to 
safety belt use by Federal employees, was revoked by Ex. Ord. No. 13043, 
Sec. 6, Apr. 16, 1997, 62 F.R. 19218, set out as a note under section 
402 of Title 23, Highways.

Extension of Term of Federal Advisory Council on Occupational Safety and 
                                 Health

    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Dec. 31, 1978, by Ex. Ord. No. 11948, Dec. 20, 
1976, 41 F.R. 55705, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Dec. 31, 1980, by Ex. Ord. No. 12110, Dec. 28, 
1978, 44 F.R. 1069, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec. 31, 
1980, 46 F.R. 1251, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31, 
1982, 48 F.R. 379, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28, 
1984, 49 F.R. 38927, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 
1985, 50 F.R. 40319, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 
1987, 52 F.R. 36901, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 
1989, 54 F.R. 40627, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 
1991, 56 F.R. 49835, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 
1993, 58 F.R. 51751, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 
1995, 60 F.R. 51875, formerly set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 1999, by Ex. Ord. No. 13062, Sec. 1(b), 
Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to this title.
    Term of the Federal Advisory Council on Occupational Safety and 
Health extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 
1999, 64 F.R. 53879, set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2105 of this title; title 2 
section 1371; title 29 section 668.
