- Briefing Room
U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
|Federal Highway Administration Occupational Safety and Health|
|Classification Code||Date||Office of Primary Interest|
|3902.4B||July 14, 2016||HAMS-10|
What is the purpose of this directive? This order issues policies and guidance for the Federal Highway Administration's (FHWA's) Occupational Safety and Health (OSH) Program.
Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Order 3902.4A, Occupant Safety and Health Program, dated August 24, 2004.
What authorities govern this directive? The authorities for this directive are:
Department of Transportation (DOT) Order M 3902.7B, Occupational Safety and Health Management Manual, dated July 13, 1995;
Public Law 91-596, the Occupational Safety and Health Act of 1970 (the Act);
Executive Order (EO) 12196, Occupational Safety and Health Programs for Federal Employees;
Title 29 Code of Federal Regulations (CFR) Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters;
Title 29 CFR Part 1904, Recording and Reporting Occupational Injuries and Illnesses;
Title 41 CFR 102-74, Facility Management, and;
What is the FHWA policy concerning the OSH Program? It is FHWA’s policy to ensure its employees are provided a workplace free of hazards that may cause injury or death. The FHWA Occupational Safety and Health Manual (the Manual) will serve as the primary guide to administering the FHWA OSH program.
What are the key OSH program definitions?
Abate – To eliminate or reduce an unsafe or unhealthful working condition.
Accident – Any event that results in personal injury, illness or death, or damage or loss to government owned or controlled personal or real property.
Designated Agency Safety & Health Official (DASHO) – The individual responsible for the administration of the FHWA safety and health program.
Establishment – A single physical location where business is conducted, or where services or operations are performed. If distinctly separate activities are performed at a single physical location, each activity shall be treated as a separate establishment.
Hazard – A workplace condition that might result in injury, illness, or death to anyone exposed to the condition, or damage or loss to government owned or controlled personal or real property.
Imminent Danger – Any condition or practices, in any workplace, that could reasonably be expected to cause death or serious physical harm before the danger can be eliminated through normal abatement procedures.
Inspection – A comprehensive survey of all or part of a workplace in order to detect safety and health hazards.
Occupational Safety and Health Officer (OSHO) – The employee in the Office of Management Services who supports the DASHO by developing FHWA-wide safety policies, responding to data calls, and providing assistance and technical support to FHWA headquarters and field offices in all matters related to OSH.
Occupational Safety and Health Manager (OSHM) – The employee in each office that is assigned collateral duty occupational safety and health responsibilities, which includes acting as the point of contact for their office on all OSH program related matters, and coordinating and/or conducting safety inspections for their assigned space.
Reprisal – Any act of restraint, interference, coercion or discrimination against an employee.
Senior Leader – An FHWA employee that has oversight responsibilities for their respective establishment. This includes, but is not limited to; Associate Administrators, Directors of Field Services, Division Administrators, Assistant Division Administrators, and Office Directors.
Serious Hazard or Condition – A hazard, violation, or condition that poses an increased probability that death or serious physical harm will result.
What are the roles and responsibilities of the FHWA offices?
Adhere to, and promote, all FHWA OSH program requirements outlined in this order, and the Manual;
Ensure budget submissions include appropriate financial resources that may be needed to provide the office with the necessary safety and health equipment, testing, materials, and training;
Designate an Occupational Safety and Health Manager (OSHM) for each office, and provide the designated employees name, phone number(s), and email address to the OSHO;
Furnish employees a place of employment that is free from recognized hazards that are causing, or are likely to cause, serious physical harm or death;
Acquire, maintain, and require the use of approved personal protective equipment (PPE), approved safety equipment, and any other devices necessary to protect employees;
Ensure employees are trained in the proper use of, and care for, agency provided PPE;
Post in their office a poster informing employees of the provisions of the Act, EO 12196, and the agency’s OSH program;
Ensure no employee is subject to restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthy working condition, or for participating in agency OSH program activities;
Authorize OSH personnel to utilize expertise from any available source, including but not limited to; other agencies, professional groups, consultants, universities, labor organizations, and safety and health committees.
Use safety equipment, PPE, and other devices provided by FHWA and necessary for their protection;
Comply with the safety standards, rules, regulations, manuals and orders issued by DOT and FHWA in accordance with the Act, EO 12196, Title 29 Part 1960, and this order;
Shall report identified unsafe and unhealthful working conditions to appropriate officials;
Not be subjected to reprisal for filing a report of unsafe or unhealthful working conditions, participating in FHWA OSH program safety and health activities, or exercising any right afforded by section 19 of the Act, EO 12196, or the Title 29 Part 1960.
The Associate Administrator for Administration serves as the FHWA DASHO. The DASHO shall:
Act as the senior FHWA OSH official and represent FHWA when interacting with senior Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), and other Federal agency leaders on all matters related to FHWA’s OSH program;
Operate an OSH program in accordance with the requirements of this order, the Manual, EO 12196, section 19 of the Act, and the basic program elements found in Title 29 Part 1960;
Support the Secretary of Transportation, or his/her designee, in the management and administration of DOT’s OSH program;
Establish goals and objectives for the FHWA OSH program;
Develop plans and procedures for evaluating the effectiveness of the FHWA OSH program;
Ensure appropriate resources are available to support the FHWA OSH program;
Ensure the performance evaluation of any management official in charge of an establishment, or any supervisory employee, measures that employee’s performance in meeting requirements of the agency occupational safety and health program, consistent with the employee’s assigned responsibilities and authority.
The role of OSHO shall reside within the Office of Management Services (OMS). The OSHO shall:
Develop policy for, and provide guidance on, the FHWA OSH program;
Periodically evaluate the effectiveness of the FHWA OSH program, ensuring it is compliant with all Federal laws, EO’s, DOT Orders and regulations, and the Manual;
Coordinate and conduct safety inspections at the DOT Headquarters (HQ) building;
Be responsible for coordinating, and responding to, all OSH program data calls and reports;
Communicate OSH related news and information to FHWA offices;
Act as the point of contact for the FHWA OSH Program and support all FHWA offices in implementing the requirements of this order.
Are reports and postings required?
An annual OSH report will be submitted to the Department of Labor via the Office of the Secretary of Transportation (OST). The Office of Management Services will coordinate FHWA’s response to this requirement.
On an annual basis, and no later than May 1st of each year, injury and illness data for each establishment shall be submitted to the Bureau of Labor Statistics. The Office of Management Services will coordinate FHWA’s response to this requirement.
Each FHWA establishment must maintain an OSHA 300 log for the calendar year, and post the log for employee review from February 1 through April 30.
Each establishment shall display a poster informing employees of the provisions of the Act, EO 12196, and the FHWA OSH program.
Where can I obtain additional information in carrying out this directive? The Manual serves as the primary guide to administering the FHWA OSH program. The Manual can be found on the OSH StaffNet page at http://staffnet.fhwa.dot.gov/osha/index.htm.
Gregory G. Nadeau