Executive Order 11612—Occupational Safety and Health Programs for Federal Employees

The Occupational Safety and Health Act of 1970, 84 Stat. 1590, authorizes the development and enforcement of standards to assure safe and healthful working conditions for employees in the private sector. Section 19 of that Act makes each Federal agency head responsible for establishing and maintaining an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated by the Secretary of Labor for businesses affecting interstate commerce.

Section 7902 of Title 5, United States Code, authorizes the President to establish by Executive Order a safety council composed of representatives of Federal agencies and of labor organizations representing employees to serve as an advisory body to the Secretary of Labor in carrying out a Federal safety program.

As the Nation's largest employer, the Federal Government has a special obligation to set an example for safe and healthful employment. It is appropriate that the Federal Government strengthen its efforts to assure safe and healthful working conditions for its own employees.

Now, THEREFORE, by virtue of the authority vested in me by section 7902 of Title 5 of the United States Code, and as President of the United States, it is hereby ordered as follows:

ESTABLISHMENT OF OCCUPATIONAL SAFETY AND HEALTH PROGRAMS IN FEDERAL DEPARTMENTS AND AGENCIES

SECTION 1. The head of each Federal department and agency shall establish an occupational safety and health program (hereinafter referred to as a safety program) in compliance with the requirements of section 7902 of Title 5 of the United States Code and section 19(a) of the Occupational Safety and Health Act of 1970 (which Act shall hereinafter be referred to as the Safety Act).

The programs shall be consistent with the standards prescribed by section 6 of the Safety Act. In providing safety programs for Federal employees, the head of each Federal department and agency shall

(1) Designate or appoint a qualified official who shall be responsible for the management of the safety program within his agency.

(2) Establish (A) a safety policy; (B) an organization and a set of procedures, providing for appropriate consultation with employees, that will permit that policy to be implemented effectively; (C) a safety management information system; (D) goals and objectives for reducing and eliminating employee injuries and occupational illnesses; (E) periodic inspections of workplaces to ensure compliance with standards; (F) plans and procedures for evaluating the program's effectiveness; and (G) priorities with respect to the factors which cause occupational injury and illness so that appropriate countermeasures can be developed.

(3) Correct conditions that do not meet safety and health standards.

(4) Submit to the Secretary of Labor by April 1 of each year a report containing (A) the status of his agency's safety program in reducing injuries and occupational illnesses to personnel during the preceding calendar year as related to the goals and objectives established for that year; (B) goals and objectives for the current year;

(C) a plan for achieving those goals and objectives; (D) any report required under section 7902(e) (2) of Title 5 of the United States Code; and (E) such other information as may be requested by the Secretary.

(5) Cooperate with and assist the Secretary of Labor in the performance of the Secretary's duties under section 7902 of Title 5 of the United States Code and section 19 of the Safety Act.

DUTIES OF THE SECRETARY OF LABOR

SEC. 2. (a) The Secretary of Labor (hereinafter referred to as the Secretary), or his designee in the Department of Labor, shall

(1) By regulation, provide guidance to the heads of Federal departments and agencies to assist them in fulfilling their occupational safety and health responsibilities;

(2) evaluate the safety programs of Federal departments and agencies annually, and, with the consent of the head of the affected department or agency, the Secretary may conduct at headquarters or in the field such investigations as he deems necessary;

(3) develop a safety management information system to accommodate the data requirements of the program;

(4) submit to the President by June 1 of each year an analysis of the information submitted to him by the heads of the Federal departments and agencies. This analysis shall include the Secretary's evaluation of each agency's safety program and shall contain his recommendations for improving safety programs throughout the Federal service.

(b) By agreement, the Secretary may, to the extent permitted by law, extend the safety program provided for under this Order to Federal employees not covered under section 7902 of Title 5 of the United States Code and the Safety Act.

FEDERAL SAFETY ADVISORY COUNCIL

SEC. 3. (a) A Federal Advisory Council on Occupational Safety and Health shall be established to advise the Secretary in carrying out his responsibilities under this Order. This Council shall consist of 15 members appointed by the Secretary and shall include representatives of Federal departments and agencies, and of labor organizations representing employees. At least three members shall be representatives of such labor organizations. The members shall serve for three year terms, except that, for the first Council, one third will serve for one year and one third for two years.

(b) The Secretary, or his designee, shall serve as the Chairman of the Council, and shall prescribe such rules for the conduct of its business as he deems necessary and appropriate.

(c) The Council shall meet at the call of its Chairman. It may establish such subcommittees as it finds necessary.

(d) The Council may establish or continue field affiliates in such manner and to the extent it deems advisable to support the purposes of this Order.

ADMINISTRATIVE AND BUDGETARY ARRANGEMENTS

SEC. 4. The Secretary shall make available necessary office space and furnish the Council necessary equipment, supplies, and staff services.

EFFECT ON OTHER POWERS AND DUTIES

SEC. 5. Nothing in this Order shall be construed to impair or alter the powers and duties of the Secretary or the heads of other Federal departments and agencies pursuant to section 7902 of Title 5 of the United States Code, section 19 of the Safety Act, or any other provision of law.

TERMINATION OF EXISTING ORDER

SEC. 6. Executive Order No. 10990 of February 2, 1962, is hereby superseded.

RICHARD NIXON

The White House

July 26, 1971