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FHWA Order 3902.4

Order
Subject
Occupational Safety and Health Program
Classification Code Date  
3902.4 February 12, 1982  

Par.

  1. Purpose

  2. Cancellation

  3. Background

  4. Policy

  5. Authorities

  6. Definitions

  7. Responsibilities

  8. Occupational Safety ad Health Committees

  9. Posting Requirements

  10. Reports

  11. Funding

  12. Field Federal Safety and Health Councils

  1. PURPOSE. To prescribe the provisions of the Federal Highway Administration (FHWA) Occupational Safety and Health Program and the responsibilities of officials and employees.

  2. CANCELLATION. This Order supersedes FHWA Order 3902.1, Occupational Safety and Environmental Hygiene Program, dated June 15, 1977.

  3. BACKGROUND

    1. The Department of Transportation (DOT) Order 3902.7, Occupational Safety and Health Management Program, dated July 6, 1981, directs the operating administrations to establish a safety and health program which meets the requirements of that Order, the requirements of that Order, the requirements of Executive Order 12196, Occupational Safety and Health Programs for Federal Employees, dated February 26, 1980, and the provisions of Section 19 of the Occupational Safety and Health Act, including corresponding guidelines, published in Title 29, Code of Federal Regulations, Part 1960.

    2. Major substantive changes in this Order concern safety and health committees and the provision of adequate resources for conducting the FHWA's safety and health program. In addition, changes in the FHWA's organization affecting the direct Federal program are reflected.

  4. POLICY. It is the policy of the FHWA to provide:

    1. safe and healthful workplaces for all employees and visitors on FHWA-controlled premises as they may be affected by FHWA operations, and

    2. for the protection of personnel and material resources by establishing and implementing a continuous, comprehensive, and effective safety and industrial hygiene maintenance system.

  5. AUTHORITIES

    1. Title 29, United States Code (U.S.C.), Title 29, Code of Federal Regulations (CFR), Parts 1910, 1926, and 1960.

    2. Executive Order 12196, Occupational Safety and Health Programs for Federal Employees, dated February 26, 1980.

    3. DOT Order 3902.7.

  6. DEFINITIONS. For the purpose of this Order, the following terms are defined:

    1. Accident - an unintended or unplanned occurrence that results in injury to personnel or causes property damage, or a combination of these.

    2. Non-traumatic Injuries (Occupational Disease or Illness) injuries caused by systemic infections, continued or repeated stress or strain, exposure to toxins, poisons, fumes, etc., or other continued and repeated exposure to conditions of the work environment over a period of time.

    3. Occupational Safety Manager - an FHWA employee assigned to the Washington Headquarters or an FHWA regional office or a direct Federal division office who is responsible for managing the Occupational Safety and Health Program at his/her designed level.

    4. Occupational Safety and Health Program - a planned program to provide FHWA employees with safe and healthful workplaces, including offices, shops, laboratories and other occupational environments. Some health-related features as workers' compensation, health and health facilities administered by the Office of Personnel and Training are not covered in this program. (See Personnel Management Manual, Chapter 12, Section 3).

    5. Traumatic Injuries (Occupational Injury) - wounds or other adverse conditions of the body caused by external force, including stress or strain. The injury must be identifiable as to time ad place of occurrence and member or function of the body affected, and be caused by a specific event or incident or series of events or incidents within a single day or work shift. Traumatic injuries also include damage or destruction to prosthetic devices or appliances, exclusive of eyeglasses and hearing aids unless the eyeglasses or hearing aids were damaged incidental to a personal injury requiring medical services.

  7. RESPONSIBILITIES

    1. Associate Administrator for Administration. The Associate Administrator for Administration, through the Occupational Safety Staff of the Office of Management Systems, is responsible for the overall direction of the internal FHWA Occupational Safety and Health Program.

    2. Associate Administrators and Staff Office Directors. Associate administrators and Staff Office Directors are responsible for the operation of the FHWA Occupational Safety and Health Program within their organizations.

    3. Chief, Occupational Safety Staff. The Chief, Occupational Safety Staff, is responsible for planning, developing and administering the FHWA Occupational Safety and Health Program and for providing safety services toAssociate Administrators and Staff Office Directors in the Washington Headquarters Office.

    4. Regional Federal Highway Administrators and Direct Federal Division Engineers. Regional Federal Highway Administrators and the Direct Federal Division Engineers are responsible for the operation of the Occupational Safety and Health Program within the regions and direct Federal divisions, respectively. They shall take the following actions:

        (1) designate a qualified Occupational Safety Manager to manage the region's or direct Federal division's program and delegate authority to this individual to assure that requirements to 29 CFR Part 1960, DOT Order 3902.7, and this Order are implemented,

        (2) establish the Safety Management Information System prescribed in FHWA Order 3902.2, Safety Management Information Systems, June 15, 1977.

        (3) implement the Occupational Safety and Health Standards issued by the Secretary of Labor, and review all work practices and procedures for compliance with these standards,

        (4) assure that safety training is provided for managers, supervisors, employees, employee representatives and occupational safety managers in occupational safety,

        (5) establish occupational safety and health committees in the regions and divisions, where required, to advise FHWA's management on all phases of the safety program in accordance with paragraph 8 of this Order and paragraph 14 of DOT Order 3902.7 and

        (6) ensure that each division's Occupational Safety and Health Program is evaluated periodically in accordance with safety program elements established by the Washington Headquarters.

    5. Division Administrators. Division Administrators shall establish Safety and Health Committees where there are 50 or more employees.

    6. Occupational Safety Manager. The designated Occupational Safety Manager will provide the Regional Federal Highway Administrator or the Direct Federal Division Engineer with staff support and technical expertise to carry out the Occupational Safety and Health Program.

    7. FHWA Officials in Foreign Countries. Responsibility for the Occupational Safety and Health Program for FHWA activities in foreign countries rests with the ranking FHWA officials serving in those countries.

    8. Supervisors and Managers. Supervisors and managers will:

        (1) promote continuing awareness of all requirements of the Occupational Safety and Health Program,

        (2) assure that all operations within their areas of responsibility provide optimum safeguards,

        (3) investigate employee reports of hazardous or unhealthful working conditions, determine appropriate corrective action and inform the employee of the decision and action taken, and

        (4) investigate and report all accidents, including occupational illnesses and injuries, on FHWA property which originate in one's area, and take corrective action to prevent recurrences

    9. Employees. All employees will contribute to the timely detection of hazardous conditions and the prevention of accidents by:

        (1) notifying their supervisors promptly of occupational injury accidents in which they are involved,

        (2) notifying their supervisors promptly of any occupational illness,

        (3) requesting medical treatment if necessary in accordance with Personnel Management Manual, Chapter 12, Section 3,

        (4) notifying their supervisors promptly of all unsafe or unhealthful working conditions,

        (5) notifying the Occupational Safety manager of unsatisfactory corrective action in accordance with the appeal procedures outlined in DOT Order 3902.7 and FHWA Order 3902.3, Occupational Safety Inspections and Abatements, May 5, 1978, and

        (6) conducting business or working in a safe and responsible manner, using prescribed safety procedures, techniques and equipment.

  8. OCCUPATIONAL SAFETY AND HEALTH COMMITTEES

    1. Purpose. To assist management officials in discharging their responsibilities under the Occupational Safety and Health Program, Occupational Safety and Health Committees shall be established at the Washington Headquarters, regional offices and division offices. Generally, committees need not be formed at any establishment where there are fewer than 50 employees, except where required by labor/management agreements. Committees should call upon safety and/or other expert personnel for technical advice and assistance as needed.

    2. Functions. Committees shall develop recommendations and exchange information on all areas of occupational safety and health. These committees shall be used as a forum for discussion of employees' concerns about unsafe or unhealthful working conditions or practices. Committees may monitor and comment upon inspection procedures and practices.

    3. Organization

        (1) FHWA Washington Headquarters. Committee members will be designated in accordance with FHWA Order 7000.1, Occupational Safety and Health Committee--Washington Headquarters, June 7, 1976, and will include representatives of management and a representative of any labor organization which may hold national consultation rights. In the absence of a recognized abor organization, a designated employee representative shall be chosen. Only full-time employees may be selected.

        (2) Regional and Division Offices. Each Regional Administrator, Direct Federal Division Engineer, Division Administrator, or designee, shall establish safety and health committees at the regional, division, and direct Federal division levels. These committees shall meet at least semiannually and a summary of the meeting shall be sent to the Occupational Safety Staff. Management representatives will be included on all committees as well as technical personnel required to assure proper functioning of the committee. Employee representatives will be designated on the basis indicated below. Only full-time employees may be selected.

          (a) Where the workforce is represented by a labor union holding exclusive recognition, the employee representatives will be included as follows:

            1 Regional Level. Labor organizations holding region-wide exclusive recognition and/or FHWA-wide exclusive recognition which encompasses the union are entitled to representation.

            2 Division Level. Labor organizations holding local exclusive recognition or FHWA-wide exclusive recognition which encompasses a local unit are entitled to representation.

          (b) Where the workforce is not represented by a labor organization, an employee shall be designated for representation on the committees.

  9. POSTING REQUIREMENTS

    1. Notice of Employee Rights and Responsibilities. The notice published by the Department of Labor in accordance with 29 CFR 1960 informing employees of their rights and responsibilities shall be posted in the Washington Headquarters, and all regional, division, and direct Federal division offices. The information shall include the name of the Occupational Safety Manager and where toobtain the documents cited in paragraph 5 as well as information regarding the Occupational Safety and Health Committee. These documents shall be made available upon request to employees or employee representatives for review.

    2. Annual Statistics. Annual occupational injury and illness statistics for FHWA shall be posted at the Washington Headquarters, and regional, division and direct Federal offices. Theses statistics shall be posted no later than 45 days after the close of the calendar year, for at least 30 days.

  10. REPORTS. An annual FHWA Safety Report (RCS HMS-04-10) is submitted to the Assistant Secretary for Administration, Office of the Secretary of Transportation (OST). In order to provide input data for this report, each Regional Federal Highway Administrator and Direct Federal Division Engineer shall submit an annual report of safety experience and progress to the Associate Administrator for Administration not later than January 31. The report shall contain the accomplishments in each safety and health program element, the number of hazards reported in the workplace and status of the abatement of these hazards.

  11. FUNDING. The Associate Administrator for Administration, the Regional Federal Highway Administrators, and Direct Federal Division Engineers shall provide funds for the Occupational Safety and Health Program in their budgets. Abatement of unsafe or unhealthful working conditions, personnel needs and safety and health training requirements are to be identified and given adequate priority in developing annual budget submissions. FHWA Order 1300.2, Annual Work Plans, dated April 4, 1977, encourages work plans. Work plans developed for the Occupational Safety and Health Program should contain the estimated cost to complete the items in the plan.

  12. FIELD FEDERAL SAFETY AND HEALTH COUNCILS. The Occupational Safety Managers in the regions and divisions, and the direct Federal divisions shall participate in the local Field Federal Safety and Health Council's activities and attend its meetings.

/s/
R. A. Barnhart
Federal Highway Administrator


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