|
Home > About USPS & News > Forms & Publications > Postal Periodicals and Publications > Manuals > Employee and Labor Relations Manual - Issue 18 > 8 Safety, Health, and Environment > 820 Reports and Investigations, Program Evaluations, and Inspections
821.1 Injury, Illness, and Accident Reporting
821.11 Postal Service and OSHA Reporting and Recordkeeping
Requirements
The Postal Service is required by 29 CFR 1904, Recording and Reporting
Occupational Injuries and Illnesses, to record occupational injuries and
illnesses in OSHA Form 300, Log of Work-Related Injuries and Illnesses, and
to maintain a supplementary record, OSHA Form 301, Injury and Illness
Incident Report.
The Postal Service maintains an accident reporting process and system,
including , Accident Report, to fulfill these requirements and to meet safety
and health program and business needs.
821.12 Postal Service Accident Reports
821.121 General Requirements for Using PS Form 1769, Accident Report
The manager or supervisor of the employee or operation involved must:
a. Report all accidents and occupational injuries and illnesses on
PS Form 1769 within 24 hours of the date of the accident, the diagnosis
of injury or illness, or the notification of the manager or of the situation.
b. Provide a copy of PS Form 1769 to the employee involved upon written
request.
Completion of the form is required by Postal Service policy if an accident
occurs and by the OSH Act if an occupational injury or illness that is
recordable by OSHA definition occurs, regardless of tort claim action or the
requirements of the Federal Employees' Compensation Act.
Note: PS Form 1769 definitions are not the same as OSHA's private sector
recording requirements. Part 1904.46 contains OSHA's definitions of injuries
and illnesses.
Information submitted to the Office of Workers' Compensation Programs
(OWCP) on Forms CA-1, Federal Employee's Notice of Traumatic Injury and
Claim for Continuation of Pay/Compensation, and CA-2, Notice of
Occupational Disease and Claim for Compensation, must be identical to the
information submitted on PS Form 1769.
821.122 OSHA Requirements
In accordance with OSHA Part 1904, an OSHA Form 301 must be completed
for each recordable injury or illness. The original OSHA 301 must be
maintained along with the OSHA 300 Log for 5 years.
821.123 Postal System for Accident Reporting
PS Form 1769 must be recorded in the Postal System for Accident Reporting
by the servicing safety office when any one of the following occurs:
a. Injury or illness of a Postal Service employee. The appropriate OSHA
recordable indicator and Postal Service reportable status are identified
in the Safety and Health Subsystem by a safety professional using
OSHA recordkeeping guidelines to determine OSHA requirements and
PS Form 1769 instructions for Postal Service requirements.
b. Death of a Postal Service employee on Postal Service premises or on
the job. Form CA-5 or CA-6, US Dept of Labor Official Superior's
Report of Employee's Death, is submitted to the OWCP.
c. Injury or fatality to a non-Postal Service person on Postal Service
premises. Unless a contractor is involved, this is not an
OSHA-recordable event (see OSHA Parts 1904.25, 1904.39-41,
and 1904.43-44).
d. Motor vehicle accident that results in death, injury, or property damage,
regardless of cost, who was injured (if anyone), or what property was
damaged.
e. Damage of $500 or more to Postal Service property or to property of
customers or the general public, regardless of whether an injury was
involved.
f. Fire damage of $100 or more to Postal Service property.
821.131 Completing PS Form 1769
The manager or supervisor of the employee or operation reports all accidents
and occupational injuries and illnesses on PS Form 1769 within 24 hours,
using the "Narrative" block to record the employee's home address and the
full circumstances of the accident (the "who, what, when, where, why, and
how" that explain the cause of injury or illness).
Managers and supervisors of the employee or operation are responsible for
investigating all accidents and occupational injuries and illnesses quickly and
accurately to determine root causes, and they are responsible for completing
PS Form 1769.
821.132 Reviewing PS Form 1769
Review is conducted as follows:
a. The supervisor's immediate manager must review each PS Form 1769
for accuracy and its application (including OSHA recording status),
follow up to ensure that action is taken to prevent similar occurrences,
and endorse the report (in item 57).
b. The installation head (or designee) must review the report to see if
positive action has been taken or is planned.
c. Servicing safety personnel must ensure that accident causes are
identified, that the action taken is appropriate, and endorse the report
(in item 59).
821.134 Notifying the Safety Office of Corrections
Correct erroneously recorded data by submitting a copy of PS Form 1769,
annotated "Amended," through the servicing safety office to the Postal
Service accident reporting system. Circle the items that need to be corrected
and enter the correct data. Make corrections to the OSHA log and summary if
necessary.
821.14 Maintaining Logs and Summaries
821.141 OSHA 300, Log of Work-Related Injuries and Illnesses
In accordance with 29 CFR 1904, each facility must maintain an OSHA 300
log by calendar year that lists all OSHA-recordable occupational injuries and
illnesses. All such injuries and illnesses must be recorded on the log within 7
days of notification.
821.142 OSHA 300A, Summary of Work-Related Injuries and Illnesses
Post a copy of OSHA 300A for the period February 1 through April 30 each
year in a conspicuous place at every establishment where employees work or
report to work.
821.143 OSHA 301, Injury and Illness Incident Report
OSHA Form 301 must be filled out for each OSHA-recordable, work-related
illness or injury within 7 days of notification (see 821.122).
Retain OSHA Forms 300, 300A, and 301 and PS Form 1769 for 5 years after
the end of the calendar year. See the appendix, Employee and Labor
Relations section, items 32. to 43.
821.2 Accident Investigation
821.21 Responsibility
Managers and supervisors are responsible for investigating all accidents
promptly, determining their causes, and reporting them accurately in
accordance with OSHA and Postal Service regulations. Management should
consult with safety personnel when accident causes cannot be readily
determined.
In order to have first-hand knowledge of every accident that occurs in their
operation, supervisors must make thorough investigations that include at
least the following:
a. Interview employees to determine what caused the accident, why it
happened, and what the employees and supervisor think could have
been done to prevent it.
b. Promptly inspect the accident site to determine what conditions (such
as equipment and work practices) contributed to the accident.
c. Interview witnesses and coworkers.
d. Examine the most recent PS Form 1783, On-the-Job Safety
Review/Analysis, for the task involved to determine if changes are
required. Update as needed and review with all affected employees. If a
PS Form 1783 is not on file, determine if one is necessary. If so,
prepare one.
821.3 Accident Analysis
Accident analysis is vital for identifying the hazardous conditions, contributing
factors, and root causes of accidents.
821.32 Responsibility
Installation heads/managers must use the results of accident analyses to
address the causes of accidents, develop specific actions
(countermeasures), and enter them into an accident reduction plan (ARP)
(see 812.31). The ARP serves as management's primary tool for
reducing OSHA injury and illness (OSHA II) and motor vehicle accident
(MVA) rates.
The process of conducting an accident analysis includes, but is not limited to,
investigating the following key factors:
a. Specific tasks being performed at the time of the accident or injury.
b. Operations, equipment, tools, and machinery involved.
c. Specific event that resulted in the accident or injury.
d. Nature and severity of the injury.
e. Part(s) of the body involved.
f. Incidence and nature of the following:
(1) Faulty equipment or design.
(2) Unsafe condition(s).
(3) Unsafe acts or practices.
(4) Violation of rules, procedures, or instructions.
(5) Inadequate training or lack of safety rules or procedures.
821.4 Privacy Act Considerations
Accident records, including the left side of the OSHA log and summary,
contain information about individuals. Therefore, they must be handled and
disclosed in accordance with the Privacy Act and implementing instructions.
An individual's accident records and related correspondence are maintained
by the Postal Service as the privacy system entitled Postal Service 120.035,
Personnel Records - Employee Accident Records.
822 Supplementary Actions in the Event of Serious
Accidents, Including Fatalities
822.1 Reporting Serious Accidents
Certain types of serious accidents need attention at the District, Area, and
Headquarters levels. Managers must follow the serious accident reporting
(SAR) requirements listed in 822.12 and 822.13.
822.11 Definition of "Serious Accident"
A "serious accident" is defined by the Postal Service as any occupational
accident, illness, or disease that:
a. Results in the death of one or more employees.
b. Results in the inpatient* hospitalization of one or more employees.
c. Results in the death of an employee or non-Postal Service person
within 6 months of the date of the accident (even if it was not
immediately reportable).
d. Involves property damage (combined Postal Service and non-Postal
Service) estimated to exceed $100,000.
e. Involves mutilation, amputation (including major cartilaginous body
parts such as ears, and nose), or loss of vision in one or both eyes to
an employee or non-Postal Service person.
f. Results in inpatient* hospitalization due to chemical or biological
exposure.
g. Is a Postal Service-related accident, involves non-Postal Service
persons, and results in a fatality or the inpatient* hospitalization of one
or more persons.
*Inpatient hospitalization does not include observation, emergency room, and
all other forms of outpatient care.
822.12 Reporting Requirements for Installation Heads
The reporting requirements for installation heads are as follows:
a. The installation head must report all serious accidents to the
performance cluster district manager by COB the day of the accident.
b. The installation head, after consultation with the servicing safety office,
must report orally (by telephone or in person) to the nearest OSHA
area office within 8 hours the following:
(1) Any accident that is fatal to one or more employees.
Note: Employers must report all fatal heart attacks occurring in
the work environment, whether OSHA recordable or not (OSHA §
1904.39(b)(5)).
(2) Any accident that results in in-patient hospitalization of three or
more employees.
(3) Any fatality or hospitalization of three or more employees that
occurs within 30 days of an accident.
c. The report to OSHA should relate the following information:
(1) Name of the establishment.
(2) Location of the incident.
(3) Time of the incident.
(4) Number of fatalities or hospitalized employees.
(5) Names of any injured employees.
(6) Postal Service contact person and his or her telephone number.
(7) Brief description of the incident.
d. The installation head is not required to report:
(1) Motor vehicle accidents that occur in public streets, except those
in construction work zones (OSHA § 1904.39(b)(3)).
(2) Commercial airplane, train, subway, or bus accidents (OSHA §
1904.39(b)(4)).
e. The installation head must provide records within 4 business hours to
an OSHA compliance officer who requests them (OSHA § 1904.40(a)).
f. The installation head must promptly report to the appropriate union:
(1) Any employee fatality.
(2) Any serious industrial, noncriminal accident or injury.
822.13 Reporting Requirements for Performance Cluster Managers
A fatality, amputation, mutilation, or OSHA-reportable accident, as defined in
822.12(b.), must be reported within 8 hours to the area Human Resources
manager and Safety and Environmental Performance Management,
Headquarters.
822.14 How to Complete Serious Accident Reports
Complete as much as is known in order to submit a timely report. Follow up
with additional information if necessary. The report must use the following
format:
a. Post office or facility, city, state, and ZIP Code.
b. Name, title, and telephone number of the installation head (state
whether the official has personal knowledge of the situation.
c. Brief description of accident, including:
(1) Date and time of accident or death (make a supplementary report
if a death occurs after the initial report).
(2) Location.
(3) Name, home address, title, age, sex, years of service, and extent
of injuries to Postal Service employee(s).
(4) Name, age, sex, address, and extent of injuries to non-Postal
Service persons involved.
(5) Type of work employee was performing when the accident
occurred.
(6) Vehicle, equipment, or property damaged, Postal Service or
non-Postal Service (state the make, model, and type of vehicle
and whether a seat belt was used).
(7) Probable cause(s) of accident.
(8) Police charges (if any and if known).
(9) Name, title, and level of supervisor on duty.
822.2 Investigating Serious Accidents
822.21 OSHA Investigations
OSHA may elect to investigate occupational fatalities or serious accidents. If
notified by OSHA personnel of their intent to investigate, the servicing safety
office will immediately notify the local Area Law Department, Area Manager
Human Resources, and Headquarters General Counsel and Safety and
Environmental Performance Management.
822.22 Postal Service Serious Accident Investigation Board
822.221 Mandatory Composition
A management board appointed by the performance cluster manager must
investigate job-related fatalities and other serious accidents as defined in
822.11. The board must be appointed within 24 hours of the accident and
must include:
a. One operations manager who has no functional relationship to the
activities involved in the accident; this person will serve as chairperson.
b. One manager from the office who has a functional relationship to the
activities involved in the accident.
c. The manager, Safety, or designated safety specialist, as appropriate.
d. One Postal Service medical advisor appointed in consultation with the
area medical director.
Exception: Some serious accidents involving customers or Postal Service
employees may not warrant a full investigation by a board. Vice presidents of
Area Operations may waive investigations of serious accidents if they
determine that the purpose of an investigation (see 822.223) is unlikely to be
realized because of the circumstances of the accident. If performance cluster
managers believe a waiver is justified, they should request a waiver from
their vice president of Area Operations. If a waiver is granted, it should be
documented and the file treated in accordance with the requirements of
822.225.
822.222 Optional Composition
One employee representative from the local safety and health committee,
when requested by the appropriate union, will be permitted to accompany the
board in its investigation of industrial, noncriminal accidents.
Safety and Environmental Performance Management, Headquarters, may
provide investigative assistance when such assistance is determined to be
appropriate by the area Human Resources manager.
The vice president of Area Operations may designate, as deemed necessary,
an area-level representative to serve on or to provide consultation to the
board.
822.223 Board Responsibilities
Board responsibilities are to:
a. Discover the root causes of the accident.
b. Make sound recommendations to prevent accident recurrence.
c. Review the quality of action taken by supervisors where the accident
occurred.
d. Determine if the employee was wearing a seat belt at the time of the
motor vehicle accident (see 844.2) and document findings.
Note: Board responsibilities and actions do not relieve those immediately
involved of their responsibility for accident investigation and prevention.
822.224 Board Investigation Report
The board must use the following format to report findings and
recommendations:
a. Detailed description of accident, as follows:
(1) Employee's relationship (location) to physical surroundings.
(2) What the employee was doing when the accident occurred and
how he or she was doing it.
b. Statements from the following:
(1) Employee.
(2) Witness(es).
(3) Other person(s) interviewed.
c. Photographs of the accident scene.
d. Pertinent findings.
(1) What the employee did, or failed to do, that contributed to the
accident. Include unsafe acts and violations of safety rules, such
as not wearing a seat belt (see 844), lack of knowledge,
and lack of training.
(2) What others involved did, or failed to do, that contributed to the
accident.
(3) The main reason for the actions (what was done or failed to be
done) that contributed to the accident.
(4) Deficiencies and unsafe or adverse conditions in the work
environment that contributed to the accident.
(5) If applicable, the reason for the deficiencies in the work
environment.
e. Quality and type of action taken by management after the accident
occurred.
(1) Immediate supervisor's investigation (see 821.2 for
responsibilities).
(2) Upper level managers' actions (responsibilities include ensuring
that all employees involved in similar work are instructed, revising
work procedures or practices when required, and ensuring that
the board's recommendations are implemented when
appropriate).
f. Actions recommended by the board to prevent future occurrences of
similar accidents.
822.225 Investigation Reporting and Response Requirements
Investigation reporting and response requirements are as follows:
a. Board. Within 15 working days of appointment, the board must submit a
report of its findings and recommendations to the district manager, with
copies to the area vice president and the installation head.
b. Installation head. Within 10 working days after receiving the board's
report, the installation head must provide a report to the district
manager, with a copy to the area vice president, describing the
corrective actions taken.
c. District. The original copy of the investigation board report is retained at
district Safety. In addition:
(1) For fatal and catastrophic (OSHA-reportable) incidents only, an
executive summary must be forwarded to the area Human
Resources manager. The summary should include at a minimum,
the date and time of the incident, the name and location of the
installation, personnel information, a brief description of the
incident, causal factors, recommendations, and proposed
corrective actions.
(2) When the investigation board report indicates items with national
impact, a complete copy of the board report must be forwarded to
the area Human Resources manager for review and consultation
with any affected Headquarters departments.
d. Headquarters. Upon written request of any member of the National
Joint Labor-Management Safety and Health Committee, the vice
president of Employee Resource Management must arrange for the
release of a copy of the report to that member. However, those portions
of the report prohibited from disclosure by law or regulation must not be
released.
823 Program Evaluation
The purpose of routine safety and health program evaluations is to measure
the effectiveness of the Postal Service Safety and Health Program at each
organizational level, ensure OSHA compliance, and promote a model for
effective safety and health programs. A program evaluation must include
compliance with the program elements included in this chapter and other
Postal Service policy and procedure documents, including handbooks,
manuals, and management instructions.
823.21 Headquarters
Headquarters defines performance metrics, establishes and interprets
program criteria, and assesses overall program performance. Headquarters
conducts safety and health program evaluations at various organizational
levels when deemed appropriate.
Areas conduct safety and health program evaluations at various
organizational levels when deemed appropriate or in response to OSHA
compliance activity. Vice presidents of Area Operations review performance
cluster safety and health program evaluations and monitor performance. In
accordance with 810, these evaluations are to be considered in
evaluating the individual performance of managers in the area.
823.23 Performance Clusters
Performance clusters must conduct annual safety and health program
evaluations. Personnel performing the program evaluation must use the most
recent Program Evaluation Guide contained in the Safety Toolkit and enter
the program evaluation findings into the Safety Toolkit. If a Headquarters- or
area-sponsored program evaluation is conducted during the fiscal year, it
fulfills the annual requirement.
Program evaluations are not required at administrative facilities regardless of
the workyears of employment in the regular workforce. However, if these
sites are going to apply for OSHA's Voluntary Protection Program, a program
evaluation is required.
Administrative facilities include stand-alone District Offices, stand-alone Area
Offices, and Remote Encoding Centers.
823.231 Performance Cluster and Subordinate Installations With 100 or More
Workyears
Annual program evaluations must be conducted by the district safety staff or
plant safety specialists.
823.232 Performance Cluster and Subordinate Installations With More Than 50 but
Less Than 100 Workyears
Performance cluster and subordinate installations with more than 50 but less
than 100 workyears must have annual program evaluations. Usually, they are
conducted by the Facility Safety Coordinator (FSC), but the supporting
manager, Safety, may elect to conduct the annual program evaluation in
some instances. A program evaluation conducted by the supporting Safety
Office fulfills the annual evaluation requirement.
823.233 Program Evaluations in Support of the National Performance Assessment
a. District or plant safety specialists must perform all National
Performance Assessment (NPA) program evaluations at facilities with
100 or more workyears.
b. District safety specialists or members of trained District or Area teams
may perform NPA program evaluations at facilities with 50 to 100 or
less than 50 workyears.
c. Safety personnel and FSCs cannot perform NPA program evaluations
at their own facilities.
823.3 Program Evaluation Report
The procedure for reporting on a program evaluation includes the following
steps:
a. The evaluator(s) will hold an opening and closing conference with the
installation head. The lead evaluator will enter the facility program
evaluation record into the Safety Toolkit and use the reports module to
produce a draft score sheet for discussion with the installation head at
the closing conference. At the closing conference, the lead evaluator
will present the findings and allow the installation head to present
additional information that may impact the final score. Once the closing
conference is completed, the lead evaluator cannot consider any
additional information provided by the installation head. The lead
evaluator will make any necessary adjustments to the findings and
score immediately following the closing conference and provide a copy
of the draft score sheet to the installation head.
b. The lead evaluator will finalize the evaluation in the Safety Toolkit within
5 calendar days of completion of the closing conference. Managers,
Safety, must send the final report to the postmaster or plant manager,
with copies to the appropriate manager, Post Office Operations, or lead
plant manager.
c. In the Safety and Health Program Evaluation, a subcategory score of
less than three is a serious deficiency. The installation head must
address all serious deficiencies by implementing a Safety and Health
Program Improvement Plan (SHPIP). In the SHPIP, the installation
head must explain each deficiency and the actions taken to eliminate it.
Within 30 days of receipt of a program evaluation report, postmasters
or plant managers must provide the improvement plan to their
manager, Post Office Operations, or their lead plant manager, with
copies furnished to the supporting manager, Safety, and Manager,
Human Resources, District. Installation heads must use the Safety
Toolkit Program Evaluation Module to prepare the SHPIP and generate
the improvement plan report.
d. The supporting manager, Safety, will monitor completion of the SHPIPs
and report noncompliance through channels to the manager, Post
Office Operations, or plant manager at least once a quarter. The Safety
Toolkit Program Evaluation Module will generate the noncompliance
report.
The purpose of a safety and health inspection is to target specific operational,
facility, or program deficiencies that may cause accidents, injuries, and
illnesses, and to foster compliance with OSHA regulations and standards.
Safety personnel conducting inspections must be technically competent to
recognize and evaluate hazards of the work environment and to suggest
specific abatement procedures. They must use inspection checklists
contained in the most current Safety Toolkit that reference current OSHA and
other applicable regulations, standards, and Postal Service policies.
824.3 Types of Inspections
824.31 Area Oversight and Targeted Inspections
824.311 Oversight
The area Human Resources manager must ensure that safety and health
inspections are conducted as required by this section.
824.312 Area Inspections
The area Human Resources function must conduct area inspections of plants
or other installations as necessary to ensure effective safety and health
programs. Inspection teams should consist of area and local safety and
health, maintenance, and line management personnel.
Union representatives from the local safety and health committee may
participate in inspections conducted by area safety and health personnel
provided that the union represents employees at the facility being inspected.
The number of union representatives will be determined by appropriate
collective-bargaining agreements.
824.32 Performance Cluster and Subordinate Installations With 100 or
More Workyears
824.321 Requirement
District and plant safety personnel must conduct a semiannual inspection of
all installations with 100 or more workyears of employment in the regular
workforce and enter their inspection findings into the Safety Toolkit. If
Headquarters or the area conducts an inspection, it serves as one
semiannual inspection.
Inspection teams consist of personnel from Safety, Maintenance, In-Plant
Support, and line management.
Union representatives from the local safety and health committee may
participate in inspections referred to in this section, provided that (a) the
union represents employees at the installation, and (b) the union
representative is domiciled at the installation to be inspected. If that union
representative is not domiciled at the installation to be inspected, and if that
union represents employees at the installation, at the union's option (a)
representatives from the committee may participate in the inspection at no
additional cost to the employer; or (b) the union may designate a
representative domiciled at the installation to be inspected to participate in
the inspection. The number of union representatives is determined by
appropriate collective bargaining agreements.
824.33 Performance Cluster and Subordinate Installations With Less
Than 100 Workyears
Collateral duty FSCs must conduct an annual inspection of each installation
with less than 100 workyears of employment in the regular workforce. The
FSC will conduct the inspection using instructions and an approved
inspection checklist located in the Safety Toolkit or on the Safety Resources
Page. FSCs must enter inspection findings into the Safety Toolkit if they have
access to a Postal Service computer. District safety personnel provide
technical assistance and support as necessary. In addition, district safety
personnel must visit facilities as necessary to verify results of inspections by
the FSC and provide assistance. If district safety personnel perform an
inspection, it serves as the annual inspection.
Inspection teams consist of the collateral duty FSC and at least one
supervisor.
Union representatives from the local safety and health committee may
participate in the annual inspection of each installation with less than 100
workyears of employment in the regular workforce where the committee
exists in the installation being inspected. In installations that do not have a
safety and health committee, inspectors give a bargaining unit employee
(from each union that represents employees in that installation) the
opportunity to accompany them during these inspections. If the unions
request it, the bargaining unit employees should be selected on a rotating
basis by the exclusive bargaining representatives in that installation. The
number of union representatives is determined by appropriate collective
bargaining agreements.
824.4 Conduct of the Inspections
Postal Service safety personnel are authorized:
a. To conduct inspections without delay.
b. To have access to all available information relevant to the occupational
safety and health of the workplace to be inspected, including PS Form
1767, Report of Hazard, Unsafe Condition, or Practice; PS Form 1769,
Accident Report; PS Form 1772, Accident Log; OSHA Form 300;
OSHA citations or other correspondence; training records; and all
checklist and deficiency reports.
c. To interview employees privately, if necessary.
d. To consult with a reasonable number of employees during the
inspection if there are no authorized representatives of employees.
e. To deny the right of accompaniment to any person whose participation
interferes with a fair and orderly inspection.
824.42 Inspection Procedures
824.421 Opening Conference
Members of the inspection team must conduct an opening conference with
the installation head and the union representatives who are to participate in
the inspection. The purpose of this conference is to explain the purpose and
scope of the inspection and to inform the installation head that the inspection
team will, in the course of inspection, consult with employees and managers
as the need occurs.
824.422 Inspection Rules
Safety inspections must be conducted according to the following rules:
a. The responsible manager must ensure that the team, led by the senior
safety professional (or collateral duty FSC) assigned, has adequate
participation and resources to accomplish a meaningful inspection.
b. Members of inspection teams must comply with all safety and health
rules at each installation including the use of protective clothing and
equipment. The conduct of inspections must not result in unreasonable
disruption of operations.
c. Representatives of Maintenance, In-Plant Support, Operations, and
others designated by management as appropriate, must participate.
d. During the course of an inspection, any employee must be afforded an
opportunity to bring to the attention of the inspection team any unsafe
or unhealthful working condition that the employee believes exists in
the workplace. In order to speak with the head of the inspection team,
employees must first request permission from their immediate
supervisors. Such requests must not be unreasonably denied.
e. Safety personnel must arrange for or conduct industrial hygiene
evaluations and sampling and take photographs where necessary.
824.423 Imminent Hazard Abatement
If imminent danger is identified, the inspector must immediately inform the
official in charge of the workplace. The official in charge of the workplace
must undertake immediate abatement of the dangerous condition and the
withdrawal of employees who are not necessary for the abatement. If the
official in charge needs assistance to undertake full abatement, he or she
must immediately notify, through channels, the district manager, who provides
assistance for the abatement effort. The area Human Resources manager is
also to be notified.
Safety and health committees and union representatives of the employees
affected must be informed of all relevant actions.
824.424 Closing Conference
At the conclusion of a scheduled inspection, safety personnel must confer
with the installation head and the union representative(s) who accompanied
the inspection team and advise them of deficiencies disclosed by the
inspection. Anyone at the conference may bring to the inspector's attention
any pertinent information regarding conditions in the workplace.
824.425 Documentation and Reporting
The team leader must enter inspection findings into the Safety Toolkit,
generate the inspection report, and give the inspection report to the
installation head/manager no later than 5 days after completion of the closing
conference. In addition, the team leader sends copies of the report to the
employee representative(s) who participated in the closing conference and/or
to the local safety and health committee.
Immediately upon receipt of the deficiency report the installation head must
post a notice in a prominent place where it will be readily observed by
employees stating that the inspection has been received and is available for
viewing in a convenient location, such as the safety office. The notice must
indicate, as applicable, that deficiencies were found and describe any special
procedures that are in place. The notice shall remain in place for 3 working
days or until all items have been abated, whichever is longer. Copies of all
inspections and reports will be maintained in the Safety Toolkit.
824.5 Deficiency and Hazard Abatement
824.51 Hazard Classifications
Safety hazards are classified as follows:
a. Imminent danger - A situation in which there is a reasonable certainty
of danger that could cause death or serious physical harm immediately
or before the danger can be eliminated through normal abatement
procedures.
b. Serious danger - A situation in which there is a substantial probability
that death or serious physical harm could result.
c. Nonserious danger - A situation that has a direct relationship to job
safety and health but probably will not cause death or serious physical
harm.
824.52 Hazard Abatement Committee
Within 5 working days after receipt of the inspection report, a hazard
abatement committee must be established and meet to assign priorities and
specific abatement dates within the limits set by the inspection team. The
installation head/manager must chair this committee. (Note: Postmasters or
others who serve as installation heads for detached units may designate a
chair for those detached unit abatement committees only.) Committee
members must include:
a. Installation head (or designee as noted above).
b. Safety representative (collateral duty FSC if appropriate).
c. Maintenance representative.
Additionally, Mail Processing, Customer Services, Industrial Engineering,
Purchasing, and other personnel must attend when their functional areas are
involved.
824.531 Within 20 Days
Where feasible, correct deficiencies within 20 days of receipt of the
inspection report.
824.532 More Than 20 and Fewer Than 45 Days
All deficiencies that are not corrected within 20 days must be reported
immediately, along with a Hazard Abatement Plan (HAP) to the district
manager with copies furnished to the manager, Post Office Operations, or the
lead plant manager; the supporting manager, Safety; and manager, Human
Resources, District. The HAP must contain the following:
a. Name of the installation.
b. Location of the unsafe condition.
c. Description of the unsafe condition.
d. Length of time the condition has existed.
e. Explanation of the circumstances of the delay in abatement.
f. A management action plan (MAP) that will be used for resolution of the
problem.
g. A summary of steps being taken in the interim to protect employees
from being injured by the unsafe or unhealthful working condition.
Affected employees must be informed of the provisions of the plan.
The Safety Toolkit provides a HAP template and reports. This template must
be used to develop the inspection-specific Hazard Abatement Plan.
824.533 More Than 45 Days
All deficiencies that are not corrected within 45 days must be reported
immediately, along with the HAP through management channels to the vice
president of Area Operations, with copies to the area Human Resources
manager and the area manager, Safety.
Once the HAP has been submitted, any changes in the plan require the
submission of a new plan in accordance with the provisions of this section.
Once the HAP is created in the Safety Toolkit it is automatically updated as
deficiencies are corrected. Managers with access to the Safety Toolkit can
view the updated HAP by logging on to the Safety Toolkit.
824.535 Submission of Abatement Record
Within 5 days of abatement, a copy of the abatement record, signed by the
installation head/manager, must be sent to the safety professional in charge
of the inspection.
When deficiencies are corrected (hazards abated) the FSC or
supervisor/manager responsible for the abatement must enter the abatement
date for the deficiency in the Safety Toolkit. For facilities that do not have
access to Postal Service computers, the installation head/manager must
provide a copy of the abatement record to the supporting manager, Safety,
within 5 days of completion of the abatement action.
When deficiency correction requires action by the General Services
Administration or another federal lessor agency, the installation
head/manager must contact the lessor agency and request corrective action.
This does not, however, relieve management from the obligation to protect
employees by implementing effective interim controls.
824.54 Reinspection and Follow-up
The procedures for correcting a deficiency must include a process to check
(through spot checks and reinspections as appropriate) whether the
corrective action taken has proven to be effective.
Spot checks and reinspections should be conducted by the same personnel
(i.e., full-time safety personnel or FSCs) who performed the original
inspection. Posting of the follow-up inspection results is not required.)
The area vice president may designate an Area-sponsored reinspection
following submission of a HAP to the Area.
824.6 Investigating Employee Reports of Hazard, Unsafe
Condition, or Practice
824.61 Purpose of PS Form 1767, Report of Hazard, Unsafe Condition or
Practice
PS Form 1767 is designed to encourage employee participation in the Postal
Service Safety and Health Program and to provide prompt action when
employees report a hazard. This form provides a channel of communication
between employees and management that promotes a prompt analysis and
response with corrective action to reports of alleged hazards, unsafe
conditions, or unsafe practices.
824.62 Availability of Form
Supervisors must maintain a supply of PS Forms 1767 in the workplace in a
manner that provides employees with both easy and (if desired) anonymous
access.
824.63 Procedures and Responsibilities
Any employee, or the representative of any employee, who believes that an
unsafe or unhealthful condition exists in the workplace may do any or all of
the following:
a. File a report of the condition on PS Form 1767 with the immediate
supervisor and request an inspection of the alleged condition.
b. If the employee desires anonymity, file PS Form 1767 directly with the
installation's safety personnel, who will immediately give the report to
the employee's supervisor for necessary action. (In such cases, safety
personnel must not disclose the name of the individual making the
report.)
c. Report alleged unsafe conditions to a steward, if one is available, who
may then discuss the condition with the employee's supervisor.
Discrimination against an employee for reporting a safety and health hazard
is unlawful.
The immediate supervisor must promptly (within the tour of duty):
a. Investigate the alleged condition.
b. Initiate immediate corrective action or make appropriate
recommendations.
c. Record actions or recommendations on PS Form 1767.
d. Forward the original PS Form 1767 and one copy to the next
appropriate level of management (approving official).
e. Give the employee a copy signed by the supervisor as a receipt.
f. Immediately forward the third copy to the safety office.
It is the supervisor's responsibility to monitor the status of the report at all
times until the hazard is abated. If the hazard remains unabated longer than
7 calendar days, the supervisor must verbally inform the employee as to
abatement status at the end of each 7-day interval.
824.633 Approving Official
The approving official (the responsible manager) must initiate action to
eliminate or minimize the hazard. If this results in the submission of a work
order, attach the original PS Form 1767 and forward it, through channels, to
the manager of Maintenance. If the approving official determines that there
are no reasonable grounds to believe such a hazard exists, the employee
must be notified in writing within 15 calendar days. (Safety personnel must
assist in this determination when requested.) If the hazard was abated
through actions of the approving official, the employee must be notified in
writing, and the original PS Form 1767, with a statement of actions taken,
must be forwarded to the safety office.
824.634 Safety Personnel and Collateral Duty Facility Safety Coordinators
Safety personnel assigned to plants and FSCs must log and sequentially
number all hazard reports received on PS Form 1773, Report of Hazard Log,
or if the FSC has computer access, enter the reports into the Hazard Log
Module of the Safety Toolkit. Safety personnel and FSCs must also review all
PS Forms 1767 for accuracy, completeness, and follow-up, as necessary.
They must routinely provide status reports of PS Form 1773 logs and Safety
Toolkit reports at executive and joint Labor-Management Safety and Health
Committee meetings (or regular staff meetings in facilities with fewer than 50
employees).
Maintenance must notify the approving official when any PS Form 1767
maintenance-related work order has been completed.
824.636 Installation Head
Installation heads/managers are responsible for responding promptly to
hazard reports and ensuring that line supervisors are diligent in correcting
hazards. If a hazard report indicates that imminent or serious danger exists,
the installation head must take immediate corrective action.
825 OSHA Inspections
Reference Note:
For additional material concerning OSHA inspections refer to:
• Handbook EL-802, Executive's and Manager's Safety Compliance Guide.
• The OSHA publications summarized and referred to therein.
|
The purpose of 825 is to provide general guidance when compliance safety
and health officers (CSHOs) or compliance safety and health officers
industrial hygienists (CSHO-IHs) from OSHA conduct announced or
unannounced inspections or investigations of Postal Service facilities. All
such inspectors are referred to as CSHOs in 825.
These procedures apply to all facilities in which Postal Service employees
work. In Postal Service-owned or -leased facilities, it is the responsibility of
the Postal Service to ensure compliance with OSHA requirements. In leased
facilities, this responsibility continues to exist regardless of lease
arrangements.
It is Postal Service policy to maintain safe and healthful working conditions
and to cooperate fully with OSHA inspectors. As an employer subject to
private sector enforcement, it is Postal Service policy to ensure that
inspections are conducted in a reasonable manner.
825.4 Procedures
825.41 Arrival of Inspectors and Verification of Credentials
OSHA may conduct its inspections without prior notice. CSHOs generally
conduct inspections during normal working hours but may arrive on any tour.
On arrival at a Postal Service facility, the CSHO should ask to meet with the
ranking Postal Service official. The senior Postal Service official must meet
promptly with the CSHO.
The senior Postal Service official, or designee, must review all CSHOs'
credentials and may request verification from the OSHA area office.
Once the CSHO has presented appropriate credentials, the senior Postal
Service official must immediately notify, by telephone or in person, the district
manager and area Human Resources manager (or their designees) of
OSHA's presence and the scope of the inspection and request that a safety
professional come to the facility immediately for the inspection.
825.42 Consent to Entry and Cooperation
The CSHO must be informed that he or she will be permitted to enter any
Postal Service facility for inspection or investigation purposes without delay
once a safety representative reaches the site or area, or once the area
Human Resources manager or designee agrees that the inspection may
proceed without such attendance.
The CSHO should be informed that a request for a representative has been
made, that the Postal Service request is not intended to delay or interfere
with the inspection, but to ensure that the Postal Service participates in a
professional manner, and that the presence of the representative will
expedite completion of the inspection. Postal Service officials must cooperate
fully with OSHA CSHOs.
During an inspection, if the Postal Service official determines that the CSHO
believes that a violation exists because the CSHO does not have complete
information about a particular condition, the Postal Service official (subject to
advice from the safety professional) should attempt to make the CSHO aware
of all relevant additional information.
825.43 Opening Conference
825.431 Initiation
The CSHO holds an opening conference to inform the Postal Service of the
purpose, scope, and conduct of the inspection. If the CSHO does not offer to
conduct the conference, one should be requested.
The opening conference must be attended by a safety professional unless
the district Human Resources manager or designee says to proceed. The
senior Postal Service official attends the opening conference and may invite
other Postal Service officials from the facility, as appropriate. Employee
representatives also should attend the opening conference; union
representatives from the local safety and health committee should participate
in accordance and 824.3 and 825.3.
825.433 Provision of Materials
The CSHO may provide copies of laws, standards, regulations, and
promotional materials. The CSHO is required to furnish to the installation
head any copy of an employee's report(s) of unsafe or unhealthful conditions
that generated the inspection. If a complainant has asked to remain
anonymous, OSHA is bound by regulations to respect that request. In such
instances, the CSHO must provide a list of the unsafe conditions alleged.
825.434 Outline of Scope
The CSHO can be expected to outline the proposed general scope of the
inspection, including employee interviews, physical inspection of the
workplace, records review, and the taking of photographs or samples.
825.435 Plan of Route Sequence
The CSHO should be questioned during the opening conference so that the
walk-around inspection can be planned as to route sequence, notifications to
production supervisors, and technical support. Planning of a route sequence
should be considered a guideline only, as the CSHO may investigate any
other apparent hazards observed in plain view while en route to a particular
area.
825.44 Records Review
825.441 Safety Records
It is the policy of the Postal Service to require that the CSHO present all
requests for documents in writing to the person designated by the Postal
Service as the one at the facility to receive such requests during the
inspection. It is also Postal Service policy to respond as quickly as possible to
such requests. All documents provided at the request of CHSO are recorded
on a documentation log. The CSHO is authorized to review all records that
are required to be maintained under the OSH Act. Examples of the types of
records that can be reviewed include the OSHA log and summary and PS
Form 1769 when it is used to record injuries and illnesses.
825.442 Medical Records
In certain instances, the CSHO may ask to review the medical records of
some employees in order to verify compliance with the medical surveillance
record-keeping requirement of an OSH standard. Access to medical records
must be coordinated through the senior area medical director.
If the CSHO wishes to record or copy any medical records, a written access
order in the form set forth in the OSHA Field Information Reference Manual
must be provided.
825.45 Participation
825.451 Management Participation During Inspections
The safety professional, or designee, must accompany the CSHO during the
walk-around portion of the inspection. The collateral duty FSC should also
participate in the inspection. Representatives of Operations, In-Plant Support,
and Maintenance must be with the CSHO whenever possible.
Management representatives, including managers and supervisors, must not
sign any statements, affidavits, or notes.
825.452 Interviews of Management and Supervisory Personnel
Postal Service policy is:
a. To cooperate with CSHO requests for interviews with representatives of
management, including supervisors and staff. Management should
work with the CSHO to schedule such interviews so as not to interfere
with mail processing. Subject to this consideration, management
employees should be made available for interviews as soon as
possible.
b. To have a representative of the Postal Service present for the entire
interview. The representative may be an employee from Human
Resources or Safety, a counsel, or a senior official or his or her
designee.
c. Not to consent to the audio or video taping or other recording of
interviews with representatives of management. The only exception is if
OSHA issues an investigatory subpoena requiring a witness to appear
for a formal, sworn, recorded interview. In such cases, the
representative of management must be represented by counsel.
d. Not to allow representatives of management to sign statements,
affidavits, notes, or other documents prepared by OSHA during
interviews.
825.453 Employee Participation During Inspections
Union representatives from the local safety and health committee must be
given the opportunity, in accordance with 824.3, to accompany CSHOs during
inspections.
CSHOs also may consult with other nonsupervisory employees who are not
part of the inspection team and may request to interview them in private or
with their union representatives during the walk around. The CSHO may be
permitted to talk with employees at their workstations for no more than 5
minutes. If further conversation is desired, the Postal Service walk-around
representative should offer to make the employee available for a scheduled
interview by the CSHO. Management should work with the CSHO to
schedule such interviews so as not to interfere with production. Subject to
this consideration, employees should be made available for interviews as
soon as reasonably possible.
Employee representatives are on the clock whenever the inspection is
conducted during the employee's regular work schedule. Employees are not
compensated for time spent accompanying CSHOs outside of their work
schedule.
825.461 Walk-Around Inspection
There are several types of inspections (see Handbook EL-802) that may
involve detailed inspection of all areas and a thorough records review.
Normally, in an inspection triggered by a complaint, the CSHO limits the
inspection to the items listed in the employee's report. The scope of the
inspection may, however, extend to other areas of the Postal Service
installation. During the walk-around inspection, the CSHO examines each
item mentioned in the employee's report.
The CSHO may take photographs of or videotape any conditions observed.
The Postal Service must duplicate as closely as possible each photograph or
videotape taken by the CSHO and should specify in the detailed notes what
each photograph shows. If necessary, as a less preferred but acceptable
alternative, before the inspection begins, a written agreement may be
reached with the CSHO that at the conclusion of the inspection, OSHA will
promptly provide the Postal Service with copies of all the photos or
videotapes that it has taken of the observed conditions.
The CSHO may use measuring devices or instruments to determine
compliance with the OSH Act. The safety professional or designee must
record the type of instrument used and the readings obtained, and take
duplicate measurements using Postal Service instruments.
The CSHO can dismiss from the inspection team, at any time, anyone
interfering with the orderly conduct of the inspection. If a management
representative is dismissed, the occurrence must be thoroughly documented.
Another management representative must be immediately named to
complete the inspection.
825.462 Health Sampling
In order to determine whether a violation of health standards exists, the
CSHO may collect samples, including full-shift (8-hour tour) sampling. Such
sampling may require the wearing of sampling devices by employees. Postal
Service officials are to cooperate with the CSHO and are to encourage
cooperation by employees.
If the CSHO desires to conduct such monitoring, the Postal Service
representative must request a delay until the Postal Service brings to the site
an industrial hygienist or other person qualified to perform parallel monitoring.
When such requests are made, the senior Postal Service official must
immediately notify the district manager, area manager, Safety, and district
manager, Safety, by telephone. Every effort must be made to bring the Postal
Service hygienist to the site as soon as possible.
When OSHA conducts health sampling, the Postal Service must take
duplicate samples and send the samples to an accredited laboratory for
analysis. Proper chain-of-custody procedures established by the laboratory
must be followed. Sample results must be retained locally and transmitted to
the district Safety and area Human Resources.
825.47 Immediate Correction of Imminent Dangers or Other Violations
During an inspection, a CSHO may point out conditions that may be
considered to be imminent dangers under the OSH Act. Immediate efforts are
to be made to evaluate the condition. If it appears that such a danger is
present, the corrections are to be made immediately, if possible, or to remove
the exposed employees from the zone of danger. Whenever feasible, correct
other potential violations or hazards pointed out by the CSHO during the visit.
825.48 Closing Conference
After completing the review of records, employee interviews (if necessary),
and the walk-around inspection, the CSHO ordinarily will conduct an exit
conference with the senior Postal Service official and other team members. If
the CSHO does not offer to conduct the conference, one should be
requested. If the Postal Service installation has a full-time safety professional,
that person must also attend this closing conference. If any safety
professionals have been called in from a plant or district, they must also
attend the closing conference along with the collateral duty FSC. Employee
representatives from the walk-around inspection must also attend.
During this conference, all conditions or practices that the CSHO believes
may constitute safety or health violations should be reviewed. Efforts should
be made to have the CSHO explain in as much detail as possible what
violations he or she believes have been observed, and what citations, if any,
he or she intends to recommend for issuance to the area director.
825.49 Post Conference Internal Communications
Following the closing conference, the senior Postal Service official must
immediately notify the area vice president that the inspection has been
completed.
It is policy and direction of the General Counsel that following the closing
conference, the installation head must prepare a memorandum for and
directed to the General Counsel summarizing OSHA's findings and any other
pertinent information concerning the inspection. This report must be
considered privileged and confidential as attorney-client communications and
attorney-work product. The report must be prepared and transmitted to the
servicing area General Counsel within 48 hours of the closing conference.
Copies of the report are to be sent only to the area Human Resources
manager and the manager of Safety Performance Management at
Headquarters. No other copies are to be distributed.
825.51 Issuance and Posting
Following an inspection, if violations have been observed, OSHA may issue
citations alleging violations and stating a proposed penalty and proposed
abatement date (OSHA Form 2, Citation and Notification of Penalty).
Upon receipt of a citation, notify area and Headquarters General Counsel and
Safety Performance Management. A copy must be faxed immediately to
Safety Performance Management, Headquarters, and the vice president of
Area Operations. The citations must be forwarded to the district Safety and
Health manager immediately (COB that day) and entered into the national
citation management tracking system by area-designated persons, who will
update each entry promptly until the citation is resolved and closed.
In accord with the instructions that accompany the citations, copies of the
citations are to be posted in the affected facility at the locations where
important announcements are customarily posted for employees. The
citations are to remain posted until they are finally resolved.
A citation includes a proposed date by which each alleged violative condition
must be corrected. The length of the period allowed varies based on the type
of hazard involved, the severity of the risk to employees, and OSHA's
assessment of the difficulty of correcting the hazard.
It is the policy of the Postal Service to abate violative conditions promptly.
Whether a condition constitutes a violation, and whether a proposed penalty,
abatement date, and means of abatement are reasonable, however, are
matters to be resolved with OSHA once the citation has been reviewed by
Headquarters Safety Performance Management and the Headquarters
General Counsel.
825.53 Informal Conference
To assist in determining whether to contest or resolve a citation, the
installation head (in concert with the Headquarters, area, and district safety
representatives) must request an informal conference with the OSHA area
director who issued the citation. Informal conferences are managed by area
or Headquarters Safety Performance Management, and attended by field
legal counsel or Headquarters legal counsel as deemed appropriate by
Headquarters.
825.54 Citation Management and Procedure for Paying Fines
Citations must be managed in accordance with instructions from the
Headquarters General Counsel and Safety and Environmental Performance
Management. (See Handbook EL-802 and OSHA publications therein about
citations and required actions.)
825.6 Performance Cluster File of OSHA Inspections
The performance cluster file of OSHA inspections is the official record of
OSHA compliance activity. However, the citation management tracking
system must be kept current to assist in tracking and managing citations and
to provide a database of OSHA compliance activity nationwide.
The district Human Resources manager, or designee, must maintain a file on
each OSHA inspection. The file must include the following:
a. A copy of any employee complaint letter or list of complaint items if the
complainant wished to remain anonymous.
b. Any citations (OSHA Form 2) and accompanying materials.
c. The names of all CSHOs, management officials, and employees'
representatives participating in the inspection.
d. Notes and other documentation, such as photographs, made by local
management.
e. All correspondence relative to correction of hazards, abatement plans,
and procedures and documentation submitted to OSHA.
f. Document log, if documents were provided to the CSHO.
All items listed above in the OSHA inspection file must be retained as stated
in the appendix, Records Control Schedule, items 32. to 43.
|
