Attachment_14_ICE_OSH_HANDBOOK.pdf

Occupational Safety and Health Program Requirements Handbook - (Revision #9)

US IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

OCCUPATIONAL SAFETY AND HEALTH (OSH)

PROGRAM REQUIREMENTS HANDBOOK

(Revision 9 - Issued 01/15/2015)

US Immigration and Customs Enforcement Office of Asset and Facilities Management (OAFM)

Safety and Health Branch 500 12th Street, S.W.

Washington, DC 20536

Program Requirements

CHAPTER PAGE

TABLE OF CONTENTS ii

1. PROGRAM ADMINISTRATION 1

1.1 Purpose and Scope

1.2 Authorities

1.3 Responsibilities

1.3.1 Assistant Secretary

1.3.2 Designated Safety and Health Official (DSHO)

1.3.3 OAFM Safety and Health Branch

1.3.4 Headquarters Safety and Health Committees

1.3.5 Program Office Directors

1.3.6 Program Safety and Health Coordinators

1.3.7 Field Responsible Officials

1.3.8 Field Collateral Duty Safety Officers

1.3.9 Field Safety and Health Committees

1.3.10 Supervisors

1.3.11 Employees

1.3.12 Human Resources

2. PROGRAM EVALUATIONS AND INSPECTIONS 8

2.1 Purpose and Scope

2.2 Authorities

2.3 OSH Workplace Inspections

2.4 OSH Program Evaluations

2.5 Preoccupancy Inspections and Occupancy Permits

3. TRAINING 11

3.1 Purpose and Scope

3.2 Authorities

3.3 Categories of Training

3.3.1 Employees

3.3.2 Employee Representatives

3.3.3 Supervisors

3.3.4 Collateral Duty Safety and Health Officers

3.3.5 Safety and Health Committee Members

3.3.6 New Employees

3.4 Designated ICE Safety and Health Points of Contact

3.5 Executive Management

3.6 Training Provisions

3.7 Recordkeeping

3.8 Sources of Training

3.9 Other Training Provisions

4. PROMOTION 15

4.1 Purpose and Scope

4.2 Authorities

4.3 Types of Promotion

4.3.1 Program Office Directors

4.3.2 Poster

4.3.3 Off–the–Job

4.3.4 Employee Indoctrination

4.3.5 Safety Awareness Program

4.4 OAFM Safety and Health Branch

4.4.1 Safety Information

4.4.2 Presidential Proclamations of National Safety Weeks

4.4.3 Special Studies

5. AWARDS 17

5.1 To Be Developed

6. MISHAP REPORTING AND INVESTIGATING 18

6.1 Purpose and Scope

6.2 Authorities

6.3 Responsibility

6.3.1 Reporting and Investigation

6.3.2 Mishap Defined

6.3.3 Occupational Injury Defined

6.3.4 Occupational Illness Defined

6.3.5 Classification of Injury/Illness

6.3.5.1 Medical Treatment Defined

6.3.5.2 Lost Workdays - Away From Work Defined

6.3.6 Mishap Analysis

6.3.7 Release of Factual Content of Mishap Reports

6.4 Report of Mishap

6.5 Reporting of Serious Mishap

6.5.1 Definition

6.5.2 Investigation

6.5.3 Property Reporting Requirements

6.6 Special Reports of Mishap Investigation

6.6.1 Boat, Vessel, or Aviation Mishap Report

6.6.2 Report of GSA Motor Pool Vehicle Mishap

7. REPORTS OF UNSAFE OR UNHEALTHFUL WORKING

CONDITIONS 24

7.1 Responsibility

7.2 Reports by Employees of Unsafe or Unhealthful Working Conditions

7.2.1 Procedure for Making Reports

7.2.2 Procedure for Handling Written Reports

7.2.3 Procedure for Appeal

7.3 Employee Safeguards against Discrimination, Reprisal, Restraint, or Coercion

7.4 Program Office Directors Responsibilities

8. STANDARDS 27

8.1 Purpose and Scope

8.2 Authorities

8.3 Supplementary Standards

8.4 Emergency Standards

8.5 Alternate Standards

8.6 Conflicting Standards

8.7 Public Standards

8.8 Engineering Reviews of Projects

9 JOB SAFETY ANALYSIS (JSA) 29

9.1 Responsibilities

9.2 Interim Measures

10 COLLATERAL DUTY SAFETY AND HEALTH POSITIONS 30

10.1 Purpose and Scope

10.2 Authorities

10.3 Collateral Duty Safety and Health Positions

10.3.1 Collateral Duty Appointment

10.3.2 Union Collateral Duty Appointment

10.3.3 Collateral Duty Training

10.3.4 Collateral Duty Time

10.3.5 Collateral Duty Performance

11 SAFETY AND HEALTH COMMITTEES AND MEETINGS 33

11.1 Headquarters Safety and Health Committee

11.1.1 Organization

11.1.2 Activity

11.1.3 Headquarters Safety and Health Committee Minutes

11.1.4 Headquarters Safety and Health Records

11.2 Field Safety and Health Committees

11.2.1 Organization

11.2.2 Activity

11.2.3 Field Safety and Health Committee Minutes

11.2.4 Field Safety and Health Committee Records

11.3 Local Safety and Health Meetings

11.4 Field Federal Safety and Health Councils (FFSHC)

12. PUBLIC SAFETY 36

12.1 Purpose and Scope

12.2 Authorities

12.3 Requirements

12.3.1 Program Office Directors/Field Responsible Officials

12.4 Tort Claims

12.5 Third Party Recoveries

12.6 Contracts

13. PERSONAL PROTECTIVE EQUIPMENT 38

13.1 Purpose and Scope

13.2 Authorities

13.3 Responsibility

13.3.1 Program Office Directors/Field Responsible Officials

13.4 Eye and Face Protection

13.4.1 Policy

13.4.2 Definitions

13.4.3 Issuance of Eyewear

13.4.4 Maintenance of Eyewear

13.4.5 Loss or Damage to Eyewear

13.4.6 Transferred Employees

13.4.7 Disposition of Eyewear at Termination

13.4.8 Types of Eye and Face Protection

13.4.9 Eye Hazardous Areas

13.4.9.1 Definition

13.4.9.2 Responsibility

13.4.9.3 Marking

13.5 Foot Protection

13.5.1 General

13.5.2 Definition

13.5.3 Types of Foot Protection

13.5.4 Requirements

13.5.5 Replacement and Cost Requirements

13.6 Head Protection

13.6.1 Regulations

13.7 Hand Protection

13.8 Inclement Weather Gear

13.9 Protection against Excessive Noise

13.10 Protection against Respiratory Hazards

14. RESPIRATORY PROTECTION 44

14.1 Purpose and Scope

14.2 Authorities

14.3 Responsibilities

14.3.1 Headquarters Program Offices/Field Responsible Officials

14.3.2 Employees

14.4 Respirator Selection

14.5 Classification of Respiratory Hazards

14.6 Classifications and Limitations of Respirators

14.7 Respirator Use

14.7.1 Contact Lenses

14.7.2 Leaving a Hazardous Area

14.8 Training

14.8.1 Training the Supervisor

14.8.2 Training the Respirator Wearer

14.8.3 Retraining

14.9 Maintenance of Respirators

14.10 Fitting and Testing Respirators

15 MOTOR VEHICLE SAFETY 49

15.1 Purpose and Scope

15.2 Authorities

15.3 Responsibilities

15.3.1 Program Office Directors and Field Responsible Officials

15.4 Definition of a Motor Vehicle Fleet Mishap

15.5 Required Mishap Forms For a Motor Vehicle Fleet Mishap

15.6 Transportation of Nonofficial Passengers in Government Vehicles

16. FIRE PREVENTION AND PROTECTION 51

16.1 Purpose and Scope.

16.2 Authorities

16.3 Written Plans

16.3.1 Program Office Directors and Field Responsible Officials

16.4 Fire Prevention

16.5 Elevator Use

16.6 Evacuation of Handicapped Persons

16.7 Fire Protection

16.7.1 General Requirements

16.8 Records

16.8.1 Program Office Directors and Field Responsible Officials

16.9 Employee-Owned Electrical Equipment

16.10 General Services Administration (GSA)

17. PESTICIDES 54

17.1 Purpose and Scope

17.2 Authorities

17.3 Responsibilities

17.3.1 Program Office Directors and Field Responsible Officials

17.3.2 OAFM Safety and Health Branch

17.4. Prohibited and Restricted Pesticides

17.4.1 Prohibited List

17.4.2 Restricted List

18. IONIZING RADIATION SAFETY 56

18.1 Purpose and Scope

18.2 Authorities

18.3 Responsibility

18.4 Biological Effects of Ionizing Radiation

18.5 Nuclear Regulatory Commission (NRC) Liaison Officer

18.6 OAFM Safety and Health Branch

18.6.1 Assistance

18.6.2 Evaluations

18.7 Radiation Area Requirements

18.8 Containers

18.8.1 Labeling

18.8.2 Storage

18.9 Licenses

18.9.1 General Licenses

18.9.2 Specific Licenses

18.9.3 Inspections

18.10 Procurement of Radiation-Producing Equipment

18.10.1 Requisitions

18.10.2 Shielding

18.10.3 Consignment

18.11 Medical Examinations

18.11.1 Types of Examinations

18.11.2 Scope of Examinations

18.11.3 Cost

18.12 Decontamination Procedures

18.13 Emergency Procedures

18.14 Fire Prevention-Firefighting

18.15 Operating Procedures

18.16 Transporting Procedures

18.17 Security

18.18 Collective Bargaining

19. NONIONIZING RADIATION SAFETY/ERGONOMICS SAFETY 61

19.1 Purpose and Scope

19.2 Authorities

19.3 Responsibility

19.4 Video Display Terminals (VDT)

19.4.1 Radiation

19.4.2 Medical Surveillance

19.4.3 Work Conditions

19.4.4 Annual Checks

19.5 Ultraviolet (UV) and Infrared Radiation

19.5.1 UV and Infrared Radiation Effects

19.5.2 Exposure Criteria

19.5.3 Work Practices

19.5.3.1 Sunlight

19.5.3.2 Low-Intensity UV Sources

19.5.3.3 High-Intensity UV Sources

19.5.3.4 Additional Hazards

19.5.4 Medical Surveillance

19.5.5 UV and Infrared Exposure

19.6 Laser Radiation

19.6.1 Laser Effects

19.6.2 Federal Regulations for the Safe Use of Lasers

19.6.3 Responsibilities

19.6.4 Laser Exposures

19.6.5 Laser Hazard Symbol

19.7 Microwave and Radio Frequency Radiation

19.7.1 Microwave and Radio Frequency Effects

19.7.2 Responsibilities

19.7.3 Exposures

19.7.4 Warning Nomenclature

19.7.5 Monitoring

19.7.6 Ocular Opacities

19.7.7 Microwave and Radio Frequency Exposures

20. CONFINED SPACES 70

20.1 Purpose and Scope

20.2 Authorities

20.3 Definitions

20.4 Responsibilities

20.4.1 Program Office Directors and Field Responsible Officials

20.4.2 Supervisors

20.4.3 Employees

20.5 Procedures

20.6 Training

20.7 Collective Bargaining

21. NOISE 72

21.1 Purpose and Scope

21.2 Authorities

21.3 Noise Measurement and Analysis

21.4 Definitions

21.5 Labeling Of Noise Hazardous Areas and Equipment

21.6 Personal Hearing Protection

21.6.1 Purchasing

21.6.2 Ear Plugs

21.6.3 Hazardous Areas

21.7 Training

21.8 Engineering Control Methods

21.9 Annoyance Noise Versus Hazardous Noise

21.10 Hearing Conservation Program (HCP)

21.10.1 Monitoring Hearing Tests

21.10.2 Termination of Employment

21.10.3 Earplugs

21.10.4 Earmuffs and Devices

21.11 Portable Sound Devices

21.11.1 Prohibitions

22. HAZARDOUS MATERIALS 76

22.1 Purpose and Scope

22.2 Authorities

22.3 Definitions

22.4 New Materials

22.5 Labeling Of Chemicals, Solvents, and Other Hazardous Materials

22.5.1 Responsibilities

22.6 Controlled Hazardous Materials (CHMs)

22.6.1 Background

22.6.2 Scope

22.6.3 Classification of Controlled Hazardous Materials (CHMs)

22.6.4 Industrial Solvents

22.6.5 Restricted Materials

22.6.5.1 Organizations

22.6.5.2 List of Restricted Materials

22.6.6 OSHA-Recognized Carcinogens

22.6.6.1 Chemical Substances

22.6.6.2 Asbestos

22.6.7 Suspected Carcinogenic, Teratogenic, and Mutagenic Materials

22.6.7.1 Policy

22.7.2 Materials That Are Under Suspicion

22.7 Emergency Procedures

22.8 Hazardous Waste Generator

22.9 Hazardous Waste

22.9.1 Program Office Directors and Field Responsible Officials

22.10 Collective Bargaining

23. REPRODUCTIVE HAZARDS IN THE WORKPLACE 88

23.1 Purpose and Scope

23.2 Authorities

23.3 Reproductive Hazards Control Program

23.3.1 Chemicals

23.3.2 Program Office Directors and Field Responsible Officials

23.3.3 Reassignment

23.3.4 Medical History

23.3.5 Final Decision

23.3.6 Written Notification

23.4 Collective Bargaining

24. MEDICAL SURVEILLANCE 92

24.1 Purpose and Scope

24.2 Authorities

24.3 Medical Surveillance Program

24.3.1 Elements

24.4 Responsibilities

24.4.1 Program Office Directors and Field Responsible Officials

24.4.2 OAFM Safety and Health Branch

24.4.3 Human Resources

24.4.4 Managers and Supervisors

24.4.5 Employees

24.5 Medical Surveillance

24.6 Medical Examinations

24.6.1 Pre-employment Examination

24.6.2 Periodic Examination

24.6.3 Termination Examination

24.6.4 Special Examination

24.7 Medical Records Maintenance, Access, and Disposal

24.7.1. Maintenance and Access

24.7.2 Fitness Examination

24.8 OAFM Safety and Health Branch

25. EMERGENCY PREPAREDNESS 95

25.1 Purpose and Scope

25.2 Authorities

25.3 Written Plans

25.3.1 Program Office Directors and Field Responsible Officials

25.3.2 Evacuation Routes and Procedures

25.3.3 Establishment of a Command Center

25.4 Training

25.5 Records

26. INFECTIOUS DISEASE CONTROL 98

26.1 Purpose and Scope

26.2 Authorities

26.3 Definitions

26.4 Responsibilities

26.4.1 Program Office Directors and Field Responsible Officials

26.4.2 Supervisors

26.4.3 Employees

26.4.4 OAFM Safety and Health Branch

26.5 Responsibility

26.6 Occupations

26.7 Procedures

26.8 Training

26.8.1 Retraining

26.9 Collective Bargaining

27. WATERCRAFT SAFETY 103

27.1 Purpose and Scope

27.2 Authorities

27.4 Functions and Responsibilities

27.9 Collective Bargaining

28. AVIATION SAFETY 104

28.1 Purpose and Scope

28.2 Authorities

28.4 Functions and Responsibilities

28.9 Collective Bargaining

APPENDIX A: LIST OF ACRONYMS

APPENDIX B: STANDARD OPERATING PROCEDURES (SOP)

SOP - Mishap Response, Investigations, and Reporting SOP – Respiratory Protection Program (Template)

SOP – Infectious Disease Control Program (Template)

APPENDIX C: MEMORANDUM TEMPLATES

TEMPLATE A – ICE Field CDSO Appointment Memorandum TEMPLATE B – Field Federal Safety & Health Council (FFSHC) Primary Member Appointment Memorandum TEMPLATE C – OSHA RecordKeeper Appointment Memorandum

APPENDIX D: ICE OCCUPATIONAL SAFETY AND HEALTH FORMS

ICE Form 100 - OSH Workplace Inspection Report and Abatement Action Log ICE Form 102 - OSH Workplace Inspection In/Out Briefing ICE Form 105 - Posting a Notice of Unsafe or Unhealthy Workplace Conditions ICE Form 110 - Employee Report of Unsafe and Unhealthy Working Conditions ICE Form 150 - Mishap Investigation Report/Checklist ICE Form 200 - Job Safety Analysis (JSA)

CHAPTER 1

1. PROGRAM ADMINISTRATION

1.1 PURPOSE AND SCOPE. The U.S. Immigration and Customs Enforcement

(ICE) will provide and maintain a safe and healthful working environment in accordance with the requirements noted in Subchapter 1.2 below. The safety and health of ICE employees, and other personnel under ICE jurisdiction, are inherent responsibilities of the ICE Director and all levels of management and supervision.

“Shall,” “will,” or “must” as used in this document refer to mandatory guidance.

“Should” or “may” as used in this document refer to advisory guidance. The safety and health program is applicable to all ICE employees.

1.2. AUTHORITIES. Executive Order (EO) 12196 directs that each Federal agency set an example for all employers by providing a safe and healthful working environment for its employees. Public Law 91-596, the Occupational Safety and Health Act (OSH Act) of 1970, provides the requirements on which Federal agency safety and health programs and responsibilities are based. Requirements for the safety and health of Federal employees are promulgated in 29 Code of Federal Regulations (CFR) Part 1960. The scope, applicability, and assignment of responsibilities for the Department of Homeland Security (DHS) safety and health program are contained in DHS Directive (MD) 066-01, Safety and Health Programs, as amended.

1.3 RESPONSIBILITIES.

1.3.1 Director, U.S. Immigration and Customs Enforcement. Although the following is not an all-inclusive list of responsibilities, pursuant to the OSH Act of 1970, EO 12196, 29 CFR Part 1960, and DHS Directive 066-01, the Director is responsible for:

(a) Serving as or appointing a Designated Safety and Health Official (DSHO), with appropriate staffing, to administer the ICE-wide safety and health program.

(b) Budget submissions that include appropriate financial and other resources to administer the ICE-wide safety and health program.

(c) The development of goals, policies, standards, and criteria for the conduct of the ICE-wide safety and health program.

(d) Compliance with safety and health statutory and regulatory requirements and standards.

(1)

(e) Holding managers and supervisors accountable for effectively fulfilling their safety and health program responsibilities.

(f) Cooperating with the DHS and its sub components in the conduct of the ICE-wide safety and health program.

(g) Ensuring that employees are free to exercise their rights and responsibilities without fear of restraint, interference, coercion, discrimination, or reprisal for reporting an unsafe or unhealthful condition, or otherwise participating in the safety and health program, pursuant to EO 12196 and 29 CFR 1960.46.

1.3.2 The Designated Safety and Health Official (DSHO). Although the following is not an all-inclusive list of responsibilities, pursuant to the OSH Act of 1970, EO 12196, 29 CFR Part 1960, and DHS MD 5200.2, as amended, the DSHO is responsible for providing management and oversight in:

(a) Ensuring that budget submissions include appropriate financial and staffing, to administer the ICE-wide safety and health program.

(b) Ensuring the development of goals, policies, standards, and criteria for the conduct of the ICE-wide safety and health program.

(c) Ensuring ICE-wide compliance with safety and health statutory and regulatory requirements and standards.

(d) Ensuring that managers and supervisors understand that they are held accountable for effectively fulfilling their safety and health program responsibilities.

(e Coordinating and cooperating with the DHS and other agencies in the conduct of the ICE-wide safety and health program.

(f) Ensuring that employees are free to exercise their rights and responsibilities without fear of restraint, interference, coercion, discrimination, or reprisal for reporting an unsafe or unhealthful condition, or otherwise participating in the safety and health program, pursuant to EO 12196 and 29 CFR 1960.46.

1.3.3 The Office of Asset Administration and Facilities Management (OAFM)

Safety and Health Branch. Under the direction of the DSHO, the OAFM Safety and Health Branch are responsible for the day-to-day oversight, management, and administration of the ICE service-wide occupational safety and health program.

The OAFM Safety and Health Branch is also responsible for providing safety and health program management advice and consultation and other related tasks that include, but are not limited to the following:

(a) Manage and oversee a comprehensive ICE-wide safety and health program.

(2)

(b) Develop policies, procedures, rules, and guidelines that are deemed necessary for the conduct of the ICE-wide safety and health program.

(c) Advise and assist the DSHO and top management officials on both the administrative and technical aspects of the ICE-wide safety and health

(d) Ensure ICE inner component Program Offices are periodically conducting safety and health inspections and OSH program evaluations of their Headquarters and field locations and facilities that identify unsafe and unhealthful conditions in the work place, along with corrective actions to correct identified hazards.

(e) Serve as the ICE representative on the DHS Safety and Health Council.

(f) Serve as chairman of the ICE Headquarters Safety and Health Committee.

(g) Represent the ICE on Federal interagency groups formed to deal with mishap prevention problems of Government-wide concern.

(h) Attend and participate in safety and health meetings and conferences called by Federal and nonfederal organizations pertinent to ICE safety and health program activities.

(i) Utilize automated safety and health management information systems to support Federal, Departmental and ICE needs for collecting, assimilating, and analyzing safety and health program data.

(j) Ensure ICE inner component Program Offices conduct mishap/incident analyses to determine direct and underlying causes of mishaps and assist management in determining the action to prevent recurrence.

(k) Oversee a comprehensive and active ICE-wide safety and health training

(l) Conduct research on safety and health problems, as deemed appropriate.

(m) Review requests for waivers to safety and health rules or regulations.

1.3.4 The Headquarters Safety and Health Committee. The Headquarters Safety and Health Committee is responsible for recommending goals and objectives for ICE safety and health programs, coordinating the development of guidance and programs to address safety and health issues for ICE, identifying opportunities to leverage resources for the effective and efficient management of the ICE safety and health programs, and reviewing the effectiveness of ICE safety and health programs.

(3)

1.3.5 Program Office Directors. Program Office Directors are responsible for the oversight and direction of the inner ICE Component Program Office operational and or administrative functions they manage, service-wide. Program Office Directors shall establish, as necessary, internal policies and procedures for the administration of their OSH program. These ICE Program Office Directors include, but are not limited to the following inner component programs: Office of Investigations, Detention and Deportation, Office of Training and Development, Office of the Principle Legal Advisor, International Affairs, Office of Policy, The National Incident Response Unit, National Firearms and Tactical Training Unit, Office of Professional Responsibility, Office of Intelligence, Office of Human Capital.

1.3.6 Program Office Safety and Health Coordinators. Under the direction of their

Program Office Director, serves as the principal occupational safety and health officer. The Program Office Safety and Health Coordinator normally spends approximately 25% of their duty time to manage Program Office and their headquarters staff personnel occupational safety and health (OSH) program, as well as any additional time deemed appropriate from the Program Office Director.

The Program Office Director shall ensure the appointed Program Office Safety and Health Coordinator has a safety and health task/element included in his/her individual performance plan, consistent with assigned responsibilities and authority. In addition, the Program Office Safety and Health Coordinator are responsible for:

(a) Providing safety and health programs management advice and counsel and other related tasks to the field offices.

(b) Serving as a member of the Headquarters Safety and Health Committee.

(c) Working in coordination with the OSH Program Manager and their respective

Field Collateral Duty Safety Officers to ensure that the Program Office’s health and safety programs are run in an effective manner and in full compliance with all appropriate regulations.

1.3.7 Field Responsible Official. Field Responsible Officials are responsible for directing operational or administrative functions within a designated geographic area. A Field Responsible Official includes those officials with the following titles: Field Office Director (FOD), Special Agent-in-Charge (SAC), Regional Director (RD), Chief Counsel or Field Intelligence Director (FID). Although the following is not an all-inclusive list of responsibilities, Field Responsible Officials shall:

(a) Ensure budget submissions that include appropriate financial and other resources to administer their region-wide safety and health program.

(4)

(b) Ensure that all supervisors have safety and health standards included in their annual individual performance plans, consistent with assigned responsibilities and authority.

(c) Ensure that all supervisors are held accountable for effectively fulfilling their safety and health responsibilities.

(d) Ensure that appropriate safety and health training is provided to all employees and supervisors.

(e) Develop procedures that are deemed necessary and that are within the framework of applicable regulations and collective bargaining agreements.

(f) Foster an attitude among all employees and supervisors that promotes the overall benefits of safety awareness.

(g) Ensure that safe and healthful working conditions are maintained in accordance with applicable regulations.

(h) Ensure that all employees and supervisors understand and comply with applicable regulations.

(i) Ensure that proper personal protective equipment and apparel are provided and used, as required.

(j) Ensure the prompt reporting of mishaps.

(k) Ensure the safety and health of visitors, including vendors, service employees, and contractors and other who are authorized to enter hazardous areas.

1. 1.3.8 Field Collateral Duty Safety Officers (CDSO). Under the direction of their Field Responsible Official, serves as the principal occupational safety and health officer. The Field Collateral Duty Safety Officers normally spends approximately 25% of their duty time to manage the Field Responsible Official’s occupational safety and health (OSH) program, as well as any additional time deemed appropriate from the Field Responsible Official. The Field Responsible Official shall ensure the appointed Field CDSO has a safety and health task/element included in his/her individual performance plan, consistent with assigned responsibilities and authority. In addition, the Field CDSO is responsible for:

(a) Providing safety and health programs management advice and counsel and other related tasks to the field offices.

(b) Serving as Chairman of the Field Safety and Health Committee.

(5)

(c) Working in coordination with the Program Safety and Health Coordinator and their local supervisors to ensure their safety and health program is run in an effective manner and in full compliance with all appropriate regulations.

1.3.9 Field Safety and Health Committee. A committee established at the ICE Field

Office level, comprised of Field Responsible Official representation, field CDSO and other ICE field supervisors, employees, and/or technical officials, and union representatives, as needed, established to address specific ICE field office safety and health issues. The field safety and health committee recommends goals and objectives for safety and health programs, coordinates the development of policy and programs to address safety and health issues, identifies opportunities to leverage resources for effective and efficient safety and health program management, and reviews the effectiveness of safety and health programs.

1.3.10 Supervisors. Supervisors are directly responsible for the safety and health of employees within their purview. Although the following is not an all-inclusive list of responsibilities, they shall:

(a) Comply with safety and health program requirements within the scope of their authority.

(b) Be responsible for the enforcement of safety and health regulations.

(c) Investigate and report all accidents occurring in their area, complete the required reports, and take the necessary corrective action.

(d) Be responsible for the safety and health of temporarily assigned employees and visitors as well as the safety and health of permanently assigned employees.

(e) Observe workers and the work environment to detect the need for correcting unsafe acts or unsafe situations, and utilize whatever resources are available to bring about corrective action.

(f) Ensure that a job safety analysis/hazard assessment is available for each operation considered to be potentially hazardous.

(g) Be responsible for the safety and health indoctrination of their employees and for continuing instruction.

(h) Plan, provide the necessary equipment, and ensure that sufficient training is provided for each job performed.

(i) Provide for employee participation in the safety and health program without fear of restraint, interference, coercion, discrimination or reprisal.

(6)

(j) Ensure that no person is permitted to work alone where there is reason to believe that a situation may develop where he/she could not summon assistance, or where assistance from another person would not be available in the event of an accident. In no case will a person perform hazardous work alone in an area without the knowledge of someone who can periodically check his/her well being.

1.3.11 Employees. Employees are responsible for accomplishing their work in a manner that will ensure their own safety and health, and shall:

(a) Observe all safety and health precautions applicable to their duties.

(b) Promptly report hazardous procedures or conditions to their supervisor.

(c) Wear or use personal protective equipment and apparel mandated by

Occupational Safety and Health Administration (OSHA) regulations or ICE policy when required for the safe performance of their duties.

(d) Promptly report to their supervisor any mishap resulting in, or that could have resulted in, property damage or personal injury, and obtain medical treatment as soon as possible, as necessary.

(e) Participate in safety and health education and training activities.

1.3.12 Human Resources. With regard to safety and health matters, designated ICE human resources points of contact are responsible for the following:

(a) Providing management with correct physical/medical qualification standards.

(b) Coordinating with management in the proper selection and placement of employees.

(c) Ensuring that an employee obtains the appropriate physical examination when hired or transferred to a position normally requiring a certificate of medical examination.

(d) Assisting management in placing disabled employees in positions suited to their capabilities, whenever possible.

(e) Ensuring the confidentiality of employee medical information, pursuant to applicable Federal regulations.

(7)

CHAPTER 2

2. PROGRAM EVALUATIONS AND INSPECTIONS

2.1. PURPOSE AND SCOPE. The U.S. Immigration and Customs Enforcement

(ICE), in accordance with the requirements noted in Subchapter 2.2 below, actively supports the conduct of safety and health program evaluations and inspections which will:

(1) Provide an objective assessment of the effectiveness and efficiency of ICE-wide OSH programs.

(2) Assist ICE in the determination of the level of compliance with Federal, Departmental, and ICE requirements.

(3) Provide an opportunity for the assessment of ICE management’s role in the safety and health program.

2.2 AUTHORITIES. Section 19 of the OSH Act of 1970, CFR Part 1960, 29 CFR

1910 General Industry Standards, Executive Order 12196, and DHS Management Directive 066-01, Safety and Health Programs, are applicable.

2.3 WORKPLACE INSPECTIONS. In accordance with the Occupational Safety and Health (OSHA) standards, all workplaces will be inspected at least annually.

For those work areas with a high risk for mishaps, injury, and or illness will be inspected semiannually. Program Office Directors and Field Responsible Officials, managers, and supervisors are ultimately responsible for ensuring that annual and semi-annual workplace inspections are being performed.

Annual Workplace Inspections. The Program Office Safety Coordinator, Field CDSO, and members from the local Field Safety and Health Committee(s) who have received the four (4) day ICE Field CDSO Training Course can and should be used conduct annual workplace inspections where there are low/mediums hazards/risk for mishaps, injury, and or illness (general office workspaces, copy centers, fitness centers, etc.). They may use written checklist or other written digest to aid in their efforts toward recognizing and evaluating hazardous conditions and achieving compliance with Federal regulatory standards while performing workplace inspections, such as the Occupational Safety and Health Administration (OSHA) 2201 or 2202, which covers applicable standards. The OAFM Safety and Health Branch may also be contacted to provide consultation/technical assistance.

The Program Office Safety Coordinator/Field CDSO will ensure that all work spaces under their span of control are scheduled and receive annual workplace inspections.

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Semi-Annual Workplace Inspections. Those work areas considered to have medium/high hazards/risks (firing ranges, laboratories, industrial shops, etc) the Program Office Safety Coordinator/Field CDSO should request assistance from the OAFM Safety and Health Branch to ensure an experienced occupational safety and health professional performs these types of inspections. The Program Office Safety Coordinator/Field CDSO will continue to be responsible for ensuring that all work spaces under their span of control are scheduled and receive semi-annual workplace inspections.

Workplace Inspection Findings. Any findings/hazards discovered during a workplace inspection, be it annual or semi-annual, will be reduced to writing in order to develop a detailed report for management consideration and action. An abatement plan will be established, as required in 29 CFR 1960, for those unsafe or unhealthful working conditions discovered during any workplace inspection that cannot be corrected within a 30 calendar day period of discovery. In addition to developing an hazard abatement plan, an explanation to the unsafe/unhealthful working condition must be posted in the general area until corrected. The ICE OSH Form 100, Workplace Inspection Report, shall be used to document the aforementioned inspection/abatement plan findings.

2.4 OSH PROGRAM EVALUATIONS. In accordance with the Occupational

Safety and Health (OSHA) and DHS standards, Program Office Directors and Field Responsible Officials are ultimately responsible for ensuring that annual OSH program evaluations are being conducted. Program deficiencies/findings discovered during any OSH program evaluation will be reduced to writing in order to develop a detailed report for management consideration and action. The report should include recommended/proposed corrective actions. The Field Responsible Officials will ensure transmission of a written OSH program evaluation report through appropriate channels to the Program Office Director for review/action.

The Program Office Safety Coordinator, Field CDSO, and members from the local Field Safety and Health Committee(s) who have received the four (4) day ICE Field CDSO Training Course can and should be used to conduct their OSH program evaluations. The OAFM Safety and Health Branch may also be consulted to provide technical advice and support on unique and or complex issues discovered during the OSH program evaluation.

Generally, the OSH program evaluations: will involve, as a minimum, a review of the following:

(a) Extent of management involvement.

(b) Extent to which Departmental and ICE directives are followed, and the adequacy of local policy, rules, and procedures.

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(c) Structure and effectiveness of responsibility, authority, and accountability to implement the program.

(d) Safety and health input to the budget formulation process, and adequacy of funds to implement the program and abate hazardous conditions.

(e) Technical skills of collateral duty safety and health personnel, and safety committee members, as appropriate.

(f) Identification of training needs and the process to satisfy those needs.

(g) Adequacy of program information flow within the organization.

(h) Adequacy of annual action plans, investigations and reports of mishaps, investigations and reports of unsafe and unhealthful conditions, and mishap reporting and analysis system(s).

(i) Frequency, adequacy, and records of safety and health program appraisals, including recommendations and follow-up systems.

(j) Adequacy of inspections and abatement procedures.

(k) Adequacy of the property management system used to identify and control hazards related to space and equipment.

(l) Extent to which employees and their union representatives are involved in the development and implementation of safety and health program activities.

2.5 PREOCCUPANCY INSPECTIONS AND OCCUPANCY PERMITS.

Program Office Directors and Field Responsible Officials are ultimately responsible for ensuring that all new buildings, installations, and facilities where work will be performed by ICE employees undergo a preoccupancy inspection.

The Program Office Safety Coordinator/Field CDSO shall be notified at least 120 days prior to occupancy in order to arrange a preoccupancy workplace inspection.

The OAFM Safety and Health Branch shall be consulted to provide technical assistance in arranging/conducting preoccupancy workplace inspections.

Preoccupancy inspection requirements are discussed in EO 12196, 29 CFR 1960, and 41 CFR 101-20. Occupancy permit requirements are discussed in EO 12196 and 29 CFR 1960.

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CHAPTER 3

3. TRAINING

3.1 PURPOSE AND SCOPE. The U.S. Immigration and Customs Enforcement

(ICE), in accordance with the requirements noted in Subchapter 3.2 below, recognizes that an effective safety and health program demands proper job performance and that safety and health training is the process through which knowledge and skills, as they relate to safe practices, are developed.

3.2 AUTHORITIES. As required by 29 CFR 1960, Subpart H, appropriate job-related safety and health training, which includes training as required in safety and health standards, shall be provided to the following groups: employees, union employee representatives, supervisors, executive management officials, collateral duty safety and health personnel, and safety and health committee members.

3.3 CATEGORIES OF TRAINING. Program Office Directors and Field

Responsible Officials shall ensure that training, and reasonable funding thereto, is provided to their employees in the following categories, as applicable:

3.3.1 EMPLOYEES. Safety and health training for new employees shall include an orientation session conducted on the first day the new employee reports for duty with ICE, but no later than 30 calendar days. The session shall provide newly assigned employees with information they need to know to perform their work in a safe and healthful manner. An Employee Orientation Form, or equivalent, shall be completed and retained for recordkeeping purposes. This training is only required for one time. The employee’s supervisor is responsible for ensuring their employees receive this training.

In addition to the new employee orientation, safety and health training for employees shall also include specialized job safety and health training appropriate to the work performed; for example, clerical, printing, welding, crane operations, chemical analysis, computer operations, radiation-related operations, and underground activities. Training shall also include informing employees of their rights and responsibilities provided by the OSH Act, EO 12196, 29 CFR 1960, and the DHS and ICE safety and health programs. The employee’s supervisor is responsible for ensuring their employees receive this training. Specialized job safety and health training is also requires annual refresher training and can be coupled with on-the-job experience to establish a sufficient knowledge base. The OAFM Safety and Health Branch should be for assistance and or consultation.

3.3.2 UNION EMPLOYEE REPRESENTATIVES. Safety and health training for employees who are union representatives of employee groups, such as labor organizations recognized by the ICE, shall include both introductory and specialized courses and materials which will enable such groups to function appropriately in ensuring safe and healthful working conditions and practices in the workplace, and enable them to conduct workplace safety and health

(11) inspections as members of local safety committees. The union employee representative’s supervisor is responsible for ensuring they receive this training.

Annual refresher training is also required and can be coupled with on-the-job experience to establish a sufficient knowledge base. The OAFM Safety and Health Branch should be for assistance and or consultation.

3.3.3 SUPERVISORS. Safety and health training for supervisory employees shall include responsibilities of supervisors for providing and maintaining safe and healthful working conditions for employees; familiarity with the DHS and the ICE safety and health programs, Section 19 of the OSH Act, EO 12196, and 29 CFR 1960; safety and health standards applicable to ICE work sites; DHS and ICE procedures for reporting hazards, investigations and reports of employee allegations of reprisal and or unsafe./unhealthy working conditions. Further training should include materials and courses that will enable supervisors to recognize and eliminate hazards in the workplace, conduct job safety analyses, and motivate and train those being supervised. Program Office Directors and Field Responsible Officials shall ensure that supervisors received this training;

along with annual refresher training can be coupled with on-the-job experience to establish a sufficient competency level. Program Office Directors and Field Responsible Officials may contact their Program Safety and Health Coordinator, Field CDSO, or the OAFM Safety and Health Branch for consultation and/or assistance.

3.3.4 Program Office Safety and Health Coordinator. Upon appointment, Program

Office Safety and Health Coordinators are required to receive training within 6 months after appointment. Such training shall provide an understanding of the DHS and ICE safety and health programs, Section 19 of the OSH Act, EO 12196, 29 CFR 1960, ICE procedures for reporting and investigating allegations of reprisal, the recognition of hazardous conditions and environments, job safety analysis, identification and use of safety and health standards, and other appropriate rules and regulations. The Program Office Director shall ensure that training is provided, commensurate with the scope of assigned responsibilities and duties. Annual refresher training can be coupled with on-the-job experience to establish a sufficient competency level. The OAFM Safety and Health Branch should be for assistance and or consultation.

3.3.5 Field Collateral Duty Safety Officers (CDSO). Upon appointment, Field

CDSOs are required to receive training within 6 months after appointment. Such training shall provide an understanding of the DHS and ICE safety and health programs, Section 19 of the OSH Act, EO 12196, 29 CFR 1960, ICE procedures for reporting and investigating allegations of reprisal, the recognition of hazardous conditions and environments, job safety analysis, identification and use of safety and health standards, and other appropriate rules and regulations. The Field Responsible Official shall ensure that training is provided, commensurate with the scope of assigned responsibilities and duties. Annual refresher training can be coupled with on-the-job experience to establish a sufficient competency level. The Field Responsible Officials may contact their Program Safety and

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Health Coordinator and or the OAFM Safety and Health Branch for consultation and or assistance.

3.3.5 Field Safety and Health Committee Members. Upon appointment, Field Safety and Health Committee members required to receive training within 6 months after appointment. Such training shall provide an understanding of the DHS and ICE safety and health programs, Section 19 of the OSH Act, EO 12196, 29 CFR 1960, ICE procedures for reporting and investigating allegations of reprisals, the recognition of hazardous conditions and environments, job safety analysis, identification and use of safety and health standards, and other appropriate rules and regulations. Annual refresher training can be coupled with on-the-job experience to establish a sufficient competency level. The Field Responsible Officials may contact their Program Safety and Health Coordinator or the OAFM Safety and Health Branch for consultation and or assistance.

3.4 OSH TRAINING FOR TOP EXECUTIVE MANAGEMENT. A safety and

health indoctrination shall be provided by the OAFM Safety and Health Branch to the DSHO and or other ICE executive management officials. The indoctrination enables them to manage applicable portions of the ICE safety and health program and includes coverage of Section 19 of the OSH Act, EO 12196, 29 CFR 1960, and the Occupational Safety and Health Program.

3.5 OSH PROGRAM MANAGER. The OSH Program Manager, OAFM Safety and Health Branch, will be provided an opportunity to attend annual training in accordance with the EO 12196, 29 CFR 1960, and the Occupational Safety and Health Program. Training will involve courses, laboratory experiences, field study, and other formal learning experiences to order to perform the necessary technical monitoring, consulting, testing, inspecting, designing, and other tasks related to program development and implementation. Training in hazard recognition, evaluation and control; equipment and facility design; standards;

accident, injury, and illness analysis; job safety analysis; and other related tasks will be provided. The amount of annual training necessary to maintain professional competency depends upon such matters as experience, grade level, administrative and technical needs, and program complexity.

3.6 TRAINING PROVISIONS. With the assistance of the OAFM Safety and

Health Branch, Program Office Directors and Field Responsible Officials shall ensure that formal OSH training and certification programs are evaluated periodically, as required. Additionally, training guidelines have been established by OSHA to assist employers in providing the safety and health information and instruction needed for their employees to work at minimal risk to themselves, fellow employees, and the public.

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3.7 RECORDKEEPING. Program Office Directors and Field Responsible Officials shall ensure that adequate records are kept on the safety and health training provided to their employees outlined in Subchapter 3.3 above. As part of a nationwide effort to determine compliance with Federal regulations and to respond to OSHA inquiries, summary records of the annual training provided (i.e., total number of courses, total number of attendees per course, and total hours of training per course) shall be forwarded through appropriate chain-of-command channels and a copy to the OAFM Safety and Health Branch within 30 calendar days after the close of each quarter during the fiscal year.

3.8 SOURCES OF TRAINING. Program Office Directors/Field Responsible

Officials shall consult with the OAFM Safety and Health Branch for sources and or information on acquiring safety and health training. This does not, however, reduce the Program Office Directors/Field Responsible Officials responsibility to provide specialized safety and health training required by the unique characteristics of any unique work environment.

3.9 OTHER TRAINING PROVISIONS. Nothing in this chapter shall be construed to alter other training provisions provided by law, Executive Order, collective bargaining agreements, or ICE directives.

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CHAPTER 4

4. PROMOTION

4.1 PURPOSE AND SCOPE. The U.S. Immigration and Customs Enforcement

(ICE), in accordance with the requirements noted in Subchapter 4.2 below, will actively promote a comprehensive safety and health program. Publicity given to the safety and health program will promote employee interest, awareness of hazards, and acceptance of safe practices.

4.2 AUTHORITIES. In accordance with 29 CFR 1960.7, Program Office

Directors/Field Responsible Officials are responsible for promoting (including funding), as applicable, their portion of the ICE safety and health program by using some or all of the types of promotion listed below.

4.3 TYPES OF PROMOTION. Informational channels for promotion may include meetings, posters, management releases, and pamphlets, subscriptions to periodicals, news articles, films, safety demonstrations, special bulletins, newsletters, and handbooks.

4.3.1 PROGRAM OFFICE DIRECTORS/FIELD RESPONSIBLE OFFICIALS.

Program Office Directors/Field Responsible Officials shall ensure that all employees, union employee representatives, and supervisors have access to: (1) The OSH Act, (2) EO 12196, (3) 29 CFR 1960, (4) all specifically applicable Federal regulatory standards involving safety and health, (5) ICE Occupational Safety and Health Program Requirements Handbook, and (6) OSHA Poster on Occupational Safety and Health Protection for ICE Employees poster. Program Office Directors and Field Responsible Officials may contact their Program Safety and Health Coordinator, Field CDSO, or the OAFM Safety and Health Branch for consultation and or assistance.

4.3.2 THE OCCUPATIONAL SAFETY AND HEALTH PROTECTION FOR

ICE EMPLOYEES POSTER. Program Office Directors/Field Responsible Officials shall ensure a copy of the Occupational Safety and Health Protection for ICE Employees poster is posted conspicuous in their respective work areas. The poster is designed to familiarize employees of the provisions of the OSH Act, EO 12196, 29 CFR 1960, and the ICE OSH program. The posters shall not be altered, defaced, or covered by any other material. The Program Safety and Health Coordinator, Field CDSO, and supervisors are responsible for ensuring the actual affixing the aforementioned poster(s). The OAFM Safety and Health Branch are responsible to ensure the contact information provided in this poster remains current.

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Program Office Directors/Field Responsible Officials shall be cognizant of and provide the following information:

(a) The location where employees may obtain information about the safety program, including the full texts of the safety standards.

(b) Relevant information developed by Program Safety and Health Coordinators, Field CDSO/Safety and Health committees members, including names, titles, and phone numbers.

4.3.3 SAFETY AND HEALTH BULLETIN BOARDS AND PROMOTIONS.

Program Office Directors/Field Responsible Officials should establish and maintain safety and health bulletin boards conspicuous in their respective work areas. A copy of the Occupational Safety and Health Protection for ICE Employees poster mentioned in Paragraph 4.3.2 above can be placed on the bulletin board(s), along with other pertinent safety and health related topics, such as, on-the-job/off-the-job safety and health topics and events, local promotional campaigns, seat belt surveys/seat belt use information, fire prevention, recreational safety, and physical fitness activities. The use of safety and health bulletin boards ensure that employees have access to all items mentioned above.

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CHAPTER 5

5. AWARDS - TBD

5.1 PURPOSE AND SCOPE . - TBD

5.2 AUTHORITIES. - TBD

5.3 TYPES OF AWARDS. - TBD

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CHAPTER 6

6. MISHAP INVESTIGATING AND REPORTING

6.1 PURPOSE AND SCOPE. The U.S. Immigration and Customs Enforcement

(ICE), in accordance with the requirements noted in Subchapter 6.2 below, will investigate and report mishaps, as defined below, to reveal the causes, nature, and trends to the end that corrective actions and preventative measures may be applied.

6.2 AUTHORITIES. Requirements for investigating and reporting accidents are contained in 29 CFR 1960.29 and 20 CFR 1-10. There is a standard operating procedure (SOP) developed for HQ/Field use when investigating and reporting ICE related mishaps that occur in the workplace, located in Appendix B of this handbook.

6.3 RESPONSIBILITY. Program Office Directors/Field Responsible Officials are responsible for ensuring that supervisors investigate and report mishaps, as defined below, affecting the employees they supervise. The extent of the investigation shall be consistent with the requirements in 29 CFR 1960.29. A copy of the mishap report shall be retained at the reporting Program Office Director/Field Responsible Official level and a log kept.