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- 1 - Directive # 066-01

Revision # 00

Department of Homeland Security DHS Directives System

Directive Number: 066-01 Revision Number: 00

Issue Date: 07/25/2008

SAFETY AND HEALTH

PROGRAMS

I. Purpose This Directive establishes the Department of Homeland Security (DHS) policy, responsibilities and requirements regarding safety and health programs.

II. Scope A. This Directive applies throughout DHS.

B. Military personnel and uniquely military equipment, systems, and operations are not covered by Executive Order (E.O.) 12196 and, therefore, are not within the scope of this Directive. The scope does include U.S. Coast Guard civilian personnel, equipment, operations and worksites that are not characterized as uniquely military.

C. DHS Management Directive 5200.1, Occupational Safety and Health Programs, is hereby canceled.

III. Authorities A. Title 29, United States Code, Section 668, “Programs of Federal agencies”

B. E.O. 12196, “Occupational safety and health programs for Federal employees”

C. Title 29, Code of Federal Regulations (CFR), Part 1960, “Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters”

D. Title 41, CFR, Chapter 102, “Federal Management Regulation”

Section J: Attachment C.2.1

- 2 -

Revision # 00

IV. Responsibilities A. The Under Secretary for Management is responsible for establishing a Departmental safety and health program, delegating authority as required for efficient program execution, and integrating safety and health principles into the management of the Department’s operations.

B. The Chief Administrative Officer serves as the Designated Agency Safety and Health Official (DASHO) for the Department; oversees the development of policy, instructions, standards, requirements and metrics related to safety and health programs; provides direction and advice to DHS management for safety and health matters, including radiation, aviation, and marine safety; and, serves as Co-Chair on the Department’s Safety, Health, and Medical Council. The Council determines collective actions necessary to achieve safety, health, and medical program objectives and assists top management with program coordination and oversight through the DASHO.

C. The Assistant Secretary for Health Affairs oversees the development of policies, standards, requirements and metrics for medical services and related programs; provides medical guidance for personnel programs; and, serves as Co-Chair on the Department’s Safety, Health, and Medical Council.

D. The Chief Human Capital Officer ensures that safety, health, and medical principles and best practices are incorporated into all aspects of personnel management, including, but not limited to; performance measures, position descriptions, pre-placement evaluations, health-related worker screening and physical qualification monitoring, absentee minimization, and workers’ injury/compensation/disability management. The Chief Human Capital Officer also serves on the Department’s Safety, Health, and Medical Council.

E. Component heads are responsible for establishing and maintaining effective and comprehensive safety and health programs for their respective Components and organizations consistent with this Directive. Component heads shall serve as or designate a Designated Safety and Health Official (DSHO), with sufficient authority and responsibility to represent effectively the interest and support of the Component head in the management and administration of the Component safety and health program.

- 3 -

Revision # 00

F. Component DSHOs provide operational program management and oversight for safety and health programs, and develop policy, instructions, standards, requirements and metrics related to safety and health programs within the Component. For the purposes of the DHS Safety and Health Program, a Component DSHO has the same responsibilities as a DASHO, as described under 29 CFR 1960, serving within their Component organization. DHSOs for the following Components will also serve as members on the Department’s Safety, Health, and Medical Council:

United States Citizenship and Immigration Services United States Coast Guard United States Customs and Border Protection Domestic Nuclear Detection Office Federal Emergency Management Agency Federal Law Enforcement Training Center United States Immigration and Customs Enforcement Science and Technology United States Secret Service Transportation Security Administration.

G. The Director, Occupational Safety and Environmental Programs coordinates the development of safety and health policy and procedures for the Department, develops goals for program performance, and provides direction and support for safety and health programs.

H. The Department Safety and Health Manager serves as the principal safety and health officer of the Department; manages an effective and comprehensive Department safety and health program; conducts program management evaluations or audits of Component safety and health programs;

develops and assists management in implementing Departmental policy, programs, initiatives, and other management actions to promote safer, healthier work environments; and chairs the DHS Safety and Health Manager’s Committee. The 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.

I. Component Safety and Health Managers serve as the principal safety and health program officers of their Components and:

1. Manage an effective and comprehensive Component safety and health program.

2. Conduct safety and health program evaluations of their Component programs.

- 4 -

Revision # 00

3. Develop and assist management in implementing Component policy, programs, initiatives, and other management actions to reduce safety and health risks and promote safer, healthier, work environments.

4. Report occupational fatalities or catastrophic accidents in less than eight hours to the Department Safety and Health Manager.

5. Serve on the DHS Safety and Health Manager’s Committee.

J. The Safety and Health Manager in the Office of the Chief Administrative Officer, Administrative Operations (OCAO/AO) serves as the principal safety and health officer for the Office of the Secretary and the following Components:

Ombudsman, Citizenship and Immigration Services Civil Rights and Civil Liberties Office of Counternarcotics Enforcement Executive Secretariat Office of the General Counsel Gulf Coast Region Office of Health Affairs Office of Inspector General Office of Intelligence and Analysis Office of Legislative Affairs Management Military Advisor’s Office National Protection and Programs Directorate Office of Operations Coordination Office of Policy Chief Privacy Officer Office of Public Affairs.

The OCAO/AO Safety and Health Manager manages an effective and comprehensive safety and health program for the Office of the Secretary and these Components; conducts safety inspections of their work areas; develops and assists management in implementing policy, programs, initiatives, and other management actions to promote safer, healthier work environments in the Office of the Secretary and these Components; and serves on the DHS Safety and Health Manager’s Committee.

K. Managers and Supervisors are responsible for:

1. Implementing, maintaining and operating safety and health

- 5 -

Revision # 00

2. Assuring employees are furnished a safe work environment and suitable equipment.

3. Assuring all employees receive training in safe and healthful practices, principles of risk management, and the safeguards associated with their work.

4. Encouraging employee performance that demonstrates positive safety and health behavior, and rewarding outstanding safety or health performance.

5. Assuring employees comply with DHS safety rules, standards, and policies, including the use of personal protective equipment.

6. Assuring prompt, accurate reporting of injuries, illnesses and fatalities.

7. Identifying workplace hazards, assessing risks, promptly reducing risks, and correcting unsafe conditions and practices in order to safeguard employees, visitors, property, and operations.

L. DHS Employees are responsible for:

1. Performing their duties in a safe and healthful manner.

2. Complying with the Occupational Safety and Health Act, and DHS safety and health requirements.

3. Immediately reporting all accidental fatalities, injuries, illnesses, property losses and mission degradation incidents as well as hazards or unsafe acts to others at imminent risk and to their supervisor or other competent authority for appropriate action.

V. Policy and Requirements A. Manage safety and health risks and exercise the tenets of operational risk management.

B. Provide a safe and healthful work environment for employees, contractors, and the visiting public.

C. Protect the public from risk of accidental death, injury, illness, or property damage resulting from DHS activities.

D. Support safety and health programs in order to protect personnel from accidental death, injury, or illness, and to prevent or minimize accidental property loss and mission interruption.

E. Use safety and health considerations and resources in mission planning and execution across all departmental operations, including acquisition, procurement, logistics, facility management, and human capital management, and operations.

VI. Questions Any questions or concerns regarding this Directive should be addressed to the Office of the Chief Administrative Officer.

- 6 - Directive # 066-01

Revision # 00

SAFETY AND HEALTH

MANUAL

U.S. DEPARTMENT OF

HOMELAND SECURITY

June 2010

Section J: Attachment C.2.2

DHS Safety and Health Manual 06/10

TABLE OF CONTENTS

Chapter 1 Introduction

Chapter 2 Responsibilities

Chapter 3 Occupational Safety and Health Standards

Chapter 4 Operational Risk Management

Chapter 5 Councils and Committees

Chapter 6 Safety and Health Assessment Program

Chapter 7 Incident Reporting, Records and Investigations

Chapter 8 Employees Reports of Unsafe/Unhealthful Working Conditions

Chapter 9 Prevention and Control of Workplace Hazards

Chapter 10 Training

Chapter 11 Personal Protective Equipment

Chapter 12 Respiratory Protection

Chapter 13 Hearing Conservation

Chapter 14 Hazard Communication

Chapter 15 Asbestos Awareness

Chapter 16 Confined Space Entry Program

Chapter 17 Isolation of Energy Sources (Lockout/Tagout)

Chapter 18 Occupational Exposure to Blood Borne Pathogens

Chapter 19 Driving Safety

Chapter 20 Laboratory Safety

Chapter 21 Fire Protection

Chapter 22 Electrical Safety

Chapter 23 Explosive Safety

Chapter 24 Aviation Safety Program

Chapter 25 Afloat Safety Program

Chapter 26 Ionizing Radiation Program

Chapter 27 Non-Ionizing Radiation Program

1-1

CHAPTER 1

INTRODUCTION

1.0 PURPOSE

1.1 This manual provides the requirements necessary to implement Department of Homeland Security (DHS or “the Department”) Directive 066-01, “Safety and Health Programs.” It incorporates elements of various Federal regulations and Executive Orders that require the head of each Federal agency to establish an Occupational Safety and Health Program, and serves as a reference and instruction for management officials, supervisors, and employees.

1.2 The Department’s fundamental occupational safety and health principle, applicable at every level in the organization and for every mission or activity, is to eliminate or effectively manage safety and health risks and exercise the tenets of operational risk management. This principle is applied by identifying hazards, assessing their risks, and controlling those risks, consistent with the mission or activity being performed.

2.0 APPLICABILITY

2.1 The provisions of this manual apply to all DHS employees, except as specified in paragraph 2.2 below.

2.2 Military personnel and uniquely military equipment, systems, and operations are not covered by Executive Order (E.O.) 12196, and, therefore, are not within the scope of this manual. The scope does include U.S. Coast Guard civilian personnel, equipment, operations and worksites that are not characterized as uniquely military.

2.3 The provisions in this manual are mandatory for all employees (except those identified in paragraph 2.2). All personnel must comply with the stated provisions, unless the text indicates compliance is discretionary (by using such terms as “should,” “may,” or “discretionary”).

2.4 Components that have developed or plan to develop their own safety and health programs and policies must comply with OSHA requirements, other applicable safety and health standards, and this manual.

3.0 AUTHORITIES

3.1 Title 29, United States Code, Section 668, “Programs of Federal agencies”

3.2 E.O. 12196, as amended, “Occupational safety and health programs for Federal employees”

3.3 Title 29, Code of Federal Regulations (C.F.R.), Part 1960, “Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters”

1-2

3.4 Title 41, C.F.R., Chapter 102, “Federal Management Regulation”

3.5 DHS Directive 066-01, “Safety and Health Programs”

4.0 U.S. DEPARTMENT OF HOMELAND SECURITY SAFETY AND HEALTH

POLICY

4.1 In accordance with our mission to protect America, DHS is committed to the safety and health of our employees, contractors and the public, and we will conduct our operations in a manner that promotes and supports this commitment. Employees at all levels are responsible and accountable to take action not only for their own safety, but also for the safety of their co-workers and the general public. These precepts shall be integral aspects of all Department and Component activities.

The Department’s overarching occupational safety and health policy is to provide DHS personnel safe and healthful employment and to protect the public from risk of death, injury, illness, or property damage as a result of DHS activities. To accomplish this, the Department and its Components will maintain an effective and comprehensive occupational safety and health program which is consistent with federal occupational safety and health standards. The program includes the following:

a. At least annual inspections of all workplaces by qualified inspectors.

b. Effective risk management programs.

c. Prompt abatement of identified hazards. To the greatest extent possible, eliminate or minimize all hazards through engineering controls. If this is not feasible, employ administrative controls. Where engineering or administrative controls are not achievable, provide appropriate personal protective equipment at government expense.

Where resources are limited, assign priorities to correct the most serious problems first, i.e., those which pose the highest risk. Post notices to warn employees of unabated serious hazards and to provide interim protective measures.

d. Procedures for all employees to report suspected hazards to their supervisors and/or safety and health officials without fear of reprisal. File allegations of reprisal for such participation within existing reporting channels. Nothing, however, prohibits the employee from notifying the next higher level safety and health official or the Department of Labor, if appropriate abatement has not occurred.

e. Appropriate safety and health training for safety and health officials, all managers, supervisory personnel and employees. Integrate applicable safety and health requirements into training programs, performance criteria, and operations.

f. Procedures for the review, in advance of procurement or construction, of facility, system and subsystem design by the Component Safety and Health Office to ensure that safety and health hazards are eliminated or controlled throughout the life cycle.

1-3

g. A thorough occupational injury and illness investigation process and a comprehensive safety and health management information system which provides all safety and health data required by upper management.

2-1

CHAPTER 2

RESPONSIBILITIES

1.0 DISCUSSION

1.1 The Secretary of Homeland Security fully supports the concept that a successful occupational safety and health program is one which reduces work-related risks by promoting program visibility at every level of the organization. In support of this concept, the Secretary has established the protection of employee health and safety as a top management priority within the Department. Overall responsibility for the Department’s Safety and Health Program rests with the Secretary of Homeland Security. The Secretary delegated implementation authority to the Head of each Component and the authority and responsibility to develop and oversee the implementation of occupational safety and health within the Department to the Under Secretary for Management.

1.2 This Chapter describes the responsibilities at each level for implementing the Safety and Health Program.

2.0 DESIGNATED AGENCY SAFETY AND HEALTH OFFICIAL

2.1 As the Designated Agency Safety and Health Official (DASHO), appointed by the Secretary pursuant to 29 C.F.R. § 1960.6, the Department of Homeland Security (DHS), Chief Administrative Officer (CAO) is responsible for overall administration of the DHS Safety and Health Program, and:

a. Establishes an organization with adequate budgets and staff to implement Title 29, United States Code, Chapter 15, “Occupational Safety and Health”, Executive Order (E.O.) 12196, and Title 29 of the Code of Federal Regulations (C.F.R.) Part 1960;

b. Establishes procedures that ensure effective implementation of DHS safety and health program policies;

c. Establishes goals and objectives for reducing and eliminating occupational accidents, injuries, and illnesses;

d. With support from the Assistant Secretary for Health Affairs and the Chief Human Capital Officer, monitors the relationship between safety and workers’ compensation programs;

e. Establishes priorities with respect to the factors which cause occupational accidents, injuries, and illnesses in the Department so that appropriate corrective actions can be taken; and

f. Co-Chairs the DHS Safety, Health, and Medical Council.

2-2

3.0 ASSISTANT SECRETARY FOR HEALTH AFFAIRS

3.1 The Assistant Secretary for Health Affairs:

a. Develops policies and programs to foster a culture of wellness throughout the Department;

b. Provides professional medical supervision for medical services provided by or on behalf of the Department, including any occupational clinical services; and

c. Co-Chairs on the Department’s Safety, Health, and Medical Council.

4.0 CHIEF HUMAN CAPITAL OFFICER

4.1 The Chief Human Capital Officer:

a. Ensures that safety, health, and medical principles and best practices are incorporated into all aspects of personnel management, including, but not limited to, performance measures, position descriptions, pre-placement evaluations, health-related worker screening and physical qualification monitoring, absentee minimization, and workers’ injury/compensation/disability management; and

b. Serves on the Department’s Safety, Health, and Medical Council.

5.0 COMPONENT HEADS

5.1 Component Heads are responsible for providing a safe and healthful work place for their employees and for ensuring implementation of the Safety and Health Program within their units.

Component Heads designate a Designated Safety and Health Official (DSHO), who is responsible for overall administration of the safety and health program. Components meeting any of the following criteria have a full time Component Safety and Health Manager who meets Office of Personnel Management (OPM) standards for Safety and Health Manager/Specialist, GS-0018; Safety Engineer, GS-0803 or Industrial Hygienist, GS-0690:

a. The number of employees in the Component exceeds 2,000.

b. The employees of the Component work in a medium to high-risk environment.

c. The Component experiences fifty or more work related injuries or illnesses per year for two consecutive fiscal years.

For Components that do not meet the above criteria, the Safety and Health Manager, within the Office of the Chief Administrative Officer (OCAO), Administrative Operations (AO), is responsible for the safety and health program.

2-3

5.2 Management Officials, at the request of and in consultation with the Component Safety and Health Manager, designate qualified employees to serve as Collateral Duty Safety Officers (CDSO). The designated employee may have other assigned duties at the discretion of the designating official.

6.0 COMPONENT DESIGNATED SAFETY AND HEALTH OFFICIALS

6.1 For the purposes of the DHS Safety and Health Program, a Component Designated Safety and Health Official (DSHO) has the same responsibilities as a DASHO, as described under 29 C.F.R. § 1960, within their Component organization.

6.2 As specified in Directive 066-01, “Safety and Health Programs,” Designated Safety and Health Officials (DSHOs) within Components:

a. Provide operational program management and oversight for safety and health programs; develop policy, instructions, standards, requirements, and metrics related to safety and health programs within the Component; and

b. Serve as members on the Department’s Safety, Health, and Medical Council.

NOTE: Currently, the Components with DSHOs are the United States Citizenship and Immigration Services, United States Coast Guard, United States Customs and Border Protection, Domestic Nuclear Detection Office, Federal Emergency Management Agency, Federal Law Enforcement Training Center, United States Immigration and Customs Enforcement, Science and Technology, United States Secret Service, and the Transportation Security Administration.

6.3 DSHOs within Components that do not have their own full-time safety and health staff:

a. Provide support and guidance to the OCAO AO Safety and Health Manager in developing safety and health policy for their work areas and operations; and

b. Serve as liaisons between the OCAO AO Safety and Health Manager and Component employees.

7.0 DIRECTOR, OCCUPATIONAL SAFETY AND ENVIRONMENTAL PROGRAMS

7.1 The Director of Occupational Safety and Environmental Programs (OSEP):

a. Assists the DASHO by providing direction and oversight of the safety and health program;

b. Ensures required safety and health program policies are established; and

c. Ensures appropriate goals and objectives are established for reducing accidents, injuries, and illnesses.

2-4

8.0 DEPARTMENT SAFETY AND HEALTH MANAGER

8.1 The Department Safety and Health Manager:

a. Develops policy, guidance and standards for the Department's safety and health program;

b. Interprets safety and health standards and serves as the primary point of contact for occupational safety and health matters requiring liaison with the Occupational Safety and Health Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), and Food and Drug Administration (FDA)

c. Reviews, during the Component annual program evaluation, all safety and health education, training, and promotion programs;

d. Coordinates all safety and health program activities including evaluation of the program's effectiveness and compliance with Federal and Departmental requirements;

e. Prepares the annual Occupational Safety and Health Report for submission to the Secretary of Labor;

f. Chairs the Department’s Safety and Health Committee; and

g. Develops, issues, and maintains the Department's Safety and Health Manual.

9.0 COMPONENT SAFETY AND HEALTH MANAGERS AND THE OCAO AO

SAFETY AND HEALTH MANAGER

9.1 Component Safety and Health Managers and the OCAO AO Safety and Health Manager:

a. Conduct program evaluations at appropriate levels at least annually, and recommend necessary actions to correct program deficiencies and track the deficiencies until the deficiencies are resolved;

b. Submit requests for alternatives to OSHA regulations or changes to Departmental safety and health standards to OSEP for appropriate action;

c. Ensure that allegations of reprisal related to the program, reports of unsafe and unhealthful conditions, and accidents/incidents are investigated;

d. Participate in the DHS Occupational Safety and Health Committee, Safety and Health Working Groups and, when possible, in a local Field Federal Safety and Health Council; and

e. Provide, as the Component’s technical safety and health advisor, assistance and guidance to management in carrying out activities, such as:

2-5

1. Developing policy, plans, programs, directives and rules.

2. Identifying safety and health training requirements.

3. Interpreting safety and health policy and procedures.

4. Conducting surveys, inspections and staff visits.

5. Investigating, reporting and analyzing accidents.

6. Identifying potential corrective action(s).

7. Providing management with information on program effort and effectiveness.

8. Facilitating development of job hazard analyses.

9. Developing accident prevention plans.

10. Developing safety and health promotion/awareness plans.

11. Reviewing facility, system or subsystem designs to ensure that safety and health hazards are eliminated or controlled throughout the lifecycle.

10.0 OCCUPATIONAL SAFETY AND HEALTH SPECIALIST AND COLLATERAL

DUTY SAFETY OFFICERS

10.1 Occupational Safety and Health Specialists who meet the Office of Personnel Management standards for Safety and Health Manager/Specialist, GS-0018, Safety Engineer, GS-0803, or Industrial Hygienist, GS-0690, or appropriately trained Collateral Duty Safety Officers (CDSO) within their designated areas of responsibility:

a. Conduct inspections of work places in accordance with 29 C.F.R. Part 1960, Subpart D.

Documentation of completed inspections is provided to the appropriate Component Safety and Health Manager in a timely manner;

b. Coordinate with appropriate management officials and building maintenance personnel to correct unsafe or unhealthful working conditions;

c. Maintain records and submit reports as requested to the appropriate Component Safety and Health Manager to support the safety and health program;

d. Inform managers and employees of their safety responsibilities, and assist them in meeting those responsibilities; and

2-6

e. As required, obtain technical assistance from the Component Safety and Health Manager to aid in the evaluation and inspection of work environments.

11.0 SUPERVISORS

11.1 Supervisors:

a. Ensure that their employees comply with occupational safety and health standards, regulations, and applicable directives;

b. Provide a place of employment which is free from recognized hazards;

c. Initiate proper action to correct hazards and ensure compliance with safety practices;

d. Ensure prompt investigation and reporting of all accidents involving their employees and all accidents occurring in work areas under their jurisdiction;

e. Where required, provide approved protective equipment to employees and ensure its proper use; and

f. Ensure employees are trained in the occupational safety and health topics appropriate for their assignments.

12.0 EMPLOYEES

12.1 Employees:

a. Perform their duties in the safest possible manner and encourage fellow employees to do likewise;

b. Comply with the occupational safety and health standards, regulations and orders applicable to their individual actions and conduct;

c. Report unsafe or unhealthful conditions and practices to their supervisor or area safety representative and, if appropriate, request an inspection of the workplace; and

d. Where required, wear and properly maintain personal protective clothing and equipment.

12.2 Each employee has the right:

a. To disclose information to the Inspector General of the Department which the employee reasonably believes evidences a substantial and specific danger to public health or safety; and

2-7

b. To make the disclosure anonymously and be protected from reprisal because of any such disclosure.

3-1

CHAPTER 3

OCCUPATIONAL SAFETY AND HEALTH STANDARDS

1.0 SAFETY AND HEALTH PROGRAM REQUIREMENTS

1.1 DHS will comply with applicable OSHA and other Federal agency standards, Executive Order 12196, and adopted national consensus standards. Where conflicts exist among these standards, the most stringent requirement is used. Components may establish more stringent requirements after completing any attendant collective bargaining obligations.

1.2 If essential standards do not exist or existing standards are not adequate, Occupational Safety and Environmental Programs (OSEP) and/or Component Safety and Health Programs develop standards, using the following process:

a. The developing organization prepares a statement for the Secretary of Homeland Security to use in notifying the Secretary of Labor of the Department's intent to develop an alternate standard. After completing any attendant collective bargaining obligations, the statement is submitted through OSEP and the Designated Agency Safety and Health Official (DASHO).

b. The proposed standard is provided for comment to affected employees or their representatives.

c. The final draft of the standard is sent to the Secretary of Labor through channels prior to final adoption, along with any written comments on the standard from employees or their representatives.

d. With the Secretary of Labor's approval, the standard may be adopted by the Department.

1.3 When DHS employees work jointly with employees of other Federal agencies and conflicts exist between the agencies' standards, the more stringent of the standards apply unless other agreements are reached between the agencies.

1.4 Departmental employees comply with adopted standards, consistent with laws and regulations of State and local governments, when the state and local standards do not conflict with more stringent Departmental requirements.

1.5 The standards and codes applicable to DHS include:

a. Title 29 Code of Federal Regulations (C.F.R.), Part 1904, “Recording and Reporting Occupational Injuries and Illnesses” Subparts C, D, E, and G

b. Title 29 C.F.R., Part 1910, “Occupational Safety and Health Standards”

3-2

c. Title 29 C.F..R, Part 1915, “Occupational Safety and Health Standards for Shipyard Employment”

d. Title 29 C.F.R., Part 1926, “Safety and Health Regulations for Construction”

e. Title 29 C.F.R., Part 1960, “Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters”

f. Title 41 C.F.R., Subtitle C, Chapter 102, “Federal Management Regulation”

g. Title 49 C.F.R., Subtitle B, Chapter I, Subchapter C, “Hazardous Materials Regulations”

h. Uniform Fire Code

i. Uniform Building Code

2.0 APPLICATION

2.1 DHS safety and health requirements apply in all DHS activities throughout the continental United States, Hawaii, and Alaska, U.S. including its territories and possessions. Unless otherwise stated in specific DHS safety and health programs, Component employees serving at foreign posts are guided by the Department of State Safety and Health program, applicable standards and appropriate agreements.

2.2 Certain operations are subject to mandatory safety standards or rules which are derived from separate statutory authority, such as, Environmental Protection Agency (EPA) regulations relating to hazardous materials “generators” or treatment/disposal facilities (TSDFs). Provided there is no substantive conflict, the application of these special functional standards does not exempt any workplace from other DHS safety and health standards which address conditions not specifically covered by the special rules. Where substantive conflict exists, notify the DHS OSEP of the conflict and proposed resolution.

2.3 Where employees of different DHS Components and other Federal agencies are collocated at the same Federal installation, the DHS manager in charge should consult with the other agencies to resolve conflicts or potential conflicts in safety and health standards.

3.0 IMPLEMENTATION

3.1 All levels of management:

a. Ensure criteria contained in DHS safety and health requirements are:

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1. Understood and complied with by any affected employee and enforced by supervision. In cases of non-compliance, management should consider disciplinary action against the offender(s) and the supervisor(s), as appropriate;

2. Applied in the acquisition of goods and services and during the design and construction stages of new or upgraded facilities;

b. Ensure that all publications, instructions, manuals, specifications, technical orders, etc., which contain safety and health provisions, are reviewed and updated in a timely manner to conform to DHS safety and health requirements.

4.0 STANDARDS REVIEW

4.1 DHS OSEP reviews proposed OSHA standards and NIOSH criteria documents. The priority for reviewing these documents is based on the potential impact of each standard on DHS's overall mission and activities. In instances where a particular DHS Component possesses special expertise or interest in a proposed standard, that Component may be assigned the review responsibility. DHS review of standards or criteria documents is coordinated by the Department's Safety and Health Program Manager and includes:

a. Establishing a priority of OSHA standards or NIOSH criteria documents for review;

b. Identifying Components which should participate in the review process; and

c. Determining applicability and impact of proposed standards and/or criteria under review.

DHS Safety and Health Manual 4-1

CHAPTER 4

OPERATIONAL RISK MANAGEMENT PROGRAM

1.0 DISCUSSION

1.1 The Department of Homeland Security (DHS) occupational safety and health risk management process focuses on the identification of hazards to health, mission, and property;

evaluation, categorization, and determination of the confidence level relative to the identified risks; and control or abatement of the risks to an acceptable level, consistent with the DHS mission. Risk management is a continual process and is primarily an individual and component responsibility, facilitated, where necessary, and monitored by occupational safety and health professionals.

2.0 RISK MANAGEMENT PROCESS

2.1 The three primary steps of the occupational safety and health risk management process are:

a. Identification of Hazards. The essential first step of the occupational safety and health risk management process is the identification of all hazards that threaten employees, mission, and property of DHS or Components. Hazards may be identified by observation at the site or by analysis or prior performance.

b. Risk Assessment. Risk assessment is a two-part process:

1. Risk Evaluation. Risks may be evaluated by measurement, estimation by experienced employees or comparison to historical data. Risk evaluation determines the probability a hazard may precipitate an accident and the accident’s likely severity in terms of injuries, health effects and property damage.

2. Risk Categorization.

(a) Unabated risks are categorized with a risk assessment code (RAC) that reflects a combination of the probability and likely severity of an accident determined during the risk evaluation process. There are five levels of risk, described by RAC’s One through Five, with RAC One being the highest category and RAC Five the lowest:

(1) RAC One. An immediate and serious hazard that is likely to result in death or permanent total disability if not controlled. RAC One risks demand immediate cessation of operations and abatement of the hazard.

(2) RAC Two. A hazard requiring immediate control through the use of engineering controls, administrative procedures/work practices, or personal protective equipment (PPE). If feasible or practical, the hazards should be abated as soon as possible, generally within six months.

DHS Safety and Health Manual 4-2

(3) RAC Three. A hazard requiring control through the use of engineering controls, administrative procedures/work practices or PPE. If feasible or practical, the hazards should be abated within the normal work cycle or engineering cycle.

(4) RAC Four. A lesser risk requiring continuing surveillance to ensure the risk does not increase. Abatement is not required unless conditions change and require re-evaluation.

(5) RAC Five. A negligible risk. Abatement or surveillance not required.

c. Risk Control. Risk control is the process of developing and implementing measures to control each risk. The preferred priority is (1) engineering controls; (2) administrative procedures/work practices (e.g. training, standard operating procedures, signs); (3) the use of personal protective equipment or combinations of these measures. Interim controls may be implemented and maintained to control the risk until more permanent controls can be established and the risk abated. Risk control is the overall goal of the occupational safety and health risk assessment process.

3.0 OCCUPATIONAL SAFETY AND HEALTH RISK MANAGEMENT TOOLS AND

PROCESSES

3.1 Occupational safety and health risk management is an on-going process. ORM principles should become part of the organizational culture. However, there are certain formal tools available for use to manage risks and for supervisors to oversee risk management activities.

These include:

a. Profile. A profile is a description of a physical environment, its employees, its activities and its operations, prepared to facilitate support and oversight to the occupational safety and health risk management processes. Profiles are prepared, maintained and updated by occupational safety and health professionals, and the records are maintained at the Safety and Health office. The profile includes:

1. Names and telephone numbers of all key occupational safety and health professionals assigned.

2. Descriptions of all physical plant facilities.

3. Descriptions of all processes and operations involving recognized hazards.

4. Operations, evolutions and Functions matrix (if available).

b. Coarse Risk Analysis. A coarse risk analysis is a tool for assessing the risks associated with a specific operation, process, item of equipment, or facility, performed by trained risk assessors and experienced subject matter experts. Coarse risk analysis is normally

DHS Safety and Health Manual 4-3 conducted on special risks identified by program managers, supervisors, or occupational safety and health professionals. Coarse risk analysis is conducted with the assistance of subject matter experts. The coarse risk analysis categorizes the risks associated with the operations being analyzed by assigning a risk assessment code (RAC) and it determines a confidence level for the risk assessment categorization. It suggests methods to control each risk, e.g., training, engineering controls, PPE and administrative controls. If necessary, the Coarse Risk Analysis recommends more detailed analysis of selected identified risks.

c. Detailed Risk Analysis. Detailed risk analysis is a careful investigation of a specific and often unique operation, process or facility that requires in-depth analysis to assess risks, e.g., a particular industrial or laboratory process. Occupational safety and health professionals conduct detailed risk analyses.

d. Component Occupational Safety and Health Committees. Occupational Safety and Health Committees are established to assist the occupational safety and health professionals and line management in managing risks by identifying hazards, assessing risks and controlling risks. Committee members represent all aspects of the mission.

e. Special Emphasis Programs. DHS may direct measures to identify, assess or control specific risks including but not limited to:

1. Aviation

2. Afloat Assets

3. Environmental Health

4. Marine Safety

5. Traffic

6. Firearms

7. Human Factors (Ergonomics)

8. Occupational Exposures

9. Fire

f. Operational Risk Management (ORM). Although ORM describes a decision-making process that is primarily geared for tactical operations, its processes are general enough for use by employees involved in all DHS activities. It contains simple, easy-to-use risk assessment tools that may be applicable for non-operational occupational safety and health activities.

DHS Safety and Health Manual 4-4

g. Occupational Safety and Health Checklists. Checklists designed for use by Component occupational safety and health professionals should be developed and made available to assist in identifying occupational safety and health hazards and program deficiencies.

Checklist items should be self-explanatory and not require access to reference material or extraneous documentation. Checklists form an excellent foundation for annual and semiannual formal inspections or anytime to evaluate the occupational safety and health program.

h. Employee Hazard Reporting. All DHS employees, being the most familiar with their workplaces and processes, are often the most knowledgeable of their associated hazards. To leverage this intimate knowledge to identify hazards and, ultimately, control risks, DHS employees are encouraged to report hazards and are protected from any retaliation that may arise as a consequence. DHS will provide ample work time to report hazards and no DHS employee or contractor will take adverse actions against any person solely for reporting perceived hazards. Employees are encouraged to first resolve the issue through appropriate channels. Reports of hazards may be made verbally, in writing or electronically via e-mail.

4.0 PROGRAM OVERSIGHT AND MONITORING

4.1 Occupational safety and health are employee, supervisor and management responsibilities.

Individual employees and supervisors are both responsible for identifying hazards and management is primarily responsible for monitoring compliance with safe practices.

Occupational safety and health inspections are one of the tools that can use to ensure performance of these functions. There are two types of inspections:

a. Routine and/or Informal Inspections. Supervisors may conduct routine inspections in conjunction with material inspections or other normal workplace inspections. The objective of these inspections is to identify physical hazards and unsafe behaviors, such as missing guards, blocked exits, damaged electrical cords, etc. and take corrective actions.

b. Formal Inspections. Formal occupational safety and health inspections are comprehensive, detailed inspections of occupational safety and health risk assessment processes as well as workspaces, work practices, and equipment. The formal inspection is conducted at least annually for all workspaces or more frequently at the discretion of the Occupational Safety and Health Office. More frequent inspections are conducted in workplaces where high hazard operations and equipment may cause an increase of accident, injury, or occupational illness due to the nature of the work performed.

5.0 OCCUPATIONAL SAFETY AND ENVIRONMENTAL PROGRAMS

EVALUATIONS

5.1 DHS Occupational Safety and Environmental Programs (OSEP) evaluates each Occupational Safety and Health Program annually. The program evaluation includes:

DHS Safety and Health Manual 4-5

a. Compliance with the program goals established by this manual.

b. Fundamental framework for providing occupational safety and health risk management support and oversight within assigned areas of responsibility.

c. Occupational safety and health risk assessment surveys.

d. Occupational safety and health data management system.

e. Occupational safety and health analyses for planning proposals and engineering designs.

f. Special emphasis programs.

g. Ad hoc assistance to the field offices.

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CHAPTER 5

COUNCILS AND COMMITTEES

1.0 DISCUSSION

1.1 Safety and health councils and committees serve as sounding boards for viewpoints and interests of various groups and individuals on matters relating to the Department's safety and health program. It is the purpose of these councils and committees to serve as functioning bodies in the Department of Homeland Security (DHS) safety and health program by identifying, defining, and assessing safety and health problem areas, and by recommending corrective measures for policy discrepancies where such discrepancies may exist. From these recommendations, new or revised policies and procedures may be developed. Actions can then be initiated to improve the effectiveness of the Department's safety and health program and meet specific individual, group, and organizational needs.

1.2 Safety and health councils and committees have three basic functions:

a. Creating and maintaining an active interest in safety and health;

b. Serving as a means of communication regarding safety and health; and,

c. Providing program management assistance, including proposing policy and program objectives.

2.0 SAFETY AND HEALTH COUNCILS AND COMMITTEES

2.1 The Federal Advisory Council on Occupational Safety and Health (FACOSH) acts in an advisory capacity to assist the Secretary of Labor in carrying out program responsibilities. The council consists of sixteen members appointed by the Secretary of Labor and includes representatives from Federal agencies and labor organizations representing Federal employees.

DHS supports FACOSH either directly, through membership on the council, or indirectly, through participation at council meetings.

2.2 Field Federal Safety and Health Councils sponsored by OSHA have been established in many major metropolitan areas. The councils are established to facilitate the exchange of ideas and information about occupational safety and health throughout the Federal Government.

While FACOSH was originated to operate at the headquarters level, the field councils function at the local level. These councils consist of representatives from local Federal agencies and labor organizations representing Federal employees. DHS supports these councils, and local DHS officials are urged to participate in their activities.

2.3 DHS has established a Safety, Health and Medical Council, co-chaired by the Designated Agency Safety and Health Official (DASHO) and the Assistant Secretary for Health Affairs and comprised of the Component Designated Safety and Health Officials (DSHOs) and the DHS

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Chief Human Capital Officer. The council provides executive level Component and Headquarters involvement in the formulation of safety and health policy, and determines the collective actions necessary to achieve Departmental and Component safety and health objectives.

2.4 The Department has also established a Safety and Health Committee chaired by the DHS Safety and Health Manager which includes representatives from DHS Components. This committee provides a focal point for coordinating safety and health program activities of the Components, and serves as an advisory body on program matters to the Department DASHO and the Safety, Health, and Medical Council. It provides a forum for the exchange of safety and health program information between Occupational Safety and Environmental Programs (OSEP) and Component Safety and Health Managers, as well as other Departmental officials.

2.5 Where labor agreements require the formation of a safety and health committee, the formation and membership of that committee is in accordance with the specific labor agreement. In Components that have an exclusive representative, but the labor agreement does not address health and safety issues, the Components should determine if establishing a safety and health council/committee is necessary or desirable and then appropriately engage in negotiations. In Components where there is no bargaining unit, each DHS Component may establish safety and health councils/committees if considered necessary or desirable. The decision to establish a council or committee is based upon the size, organization and need of such an activity. When a council/committee is formed:

a. Committee members representing management are appointed by management.

Committee members representing employees should be selected by employees. All committee members have equal voting representation of supervisory and non-supervisory employees.

b. Meetings should be held quarterly, at a minimum, and minutes of the meetings maintained by the Component Safety and Health Office as applicable.

c. Each council should develop its own rules of operation, agenda, and action items.

3.0 FEDERAL SAFETY AND HEALTH CONFERENCES

3.1 DHS employees are encouraged to participate in existing Field Federal Safety and Health Council activities. Attendance and participation by DHS safety and health personnel in regional and national safety and health conferences is encouraged. Where Federal Safety and Health Councils sponsor regular safety and health seminars, workshops, and safety training, managers should understand the benefits derived by attendance at these events, and encourage the attendance of their Collateral Duty Safety Officers.

4.0 SAFETY AND HEALTH COUNCILS AND COMMITTEES ABOARD SHIPS

4.1 Safety and health councils or committees may be formed aboard any vessel and are encouraged when the ship's total crew numbers more than thirty.

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4.2 Where formed, it is suggested that:

a. The appropriate marine center is informed prior to its formation.

b. The executive officer of the vessel is a permanent member of the council or committee.

c. There is equal representation by the crew, officers, and union representatives.

d. Meetings are held quarterly, at a minimum, and minutes of the meeting are maintained by the Component Safety and Health Office.

Where labor agreements require the formation of a safety and health committee, the formation and membership of that committee is in accordance with the specific labor agreement. In a Component that has an exclusive representative, but the labor agreement does not address health and safety issues, the Component should determine if establishing a safety and health council/committee is necessary or desirable and then appropriately engage in negotiations.

4.3 Training for the vessel’s council or committee members should be coordinated through the appropriate Component Safety and Health Offices.

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CHAPTER 6

SAFETY AND HEALTH ASSESSMENT PROGRAM

1.0 DISCUSSION

1.1 Section 19(a) of the Occupational Safety and Health Act of 1970 requires that all Federal employees are provided with a safe and healthful place of employment.

1.2 A safety and health assessment program is necessary to ensure a safe and healthful…

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