Purpose and scope

Under 1960.1(a) the head of each Federal agency must establish and maintain an effective and comprehensive occupational safety and health program for their employees. The program must be consistent with the standards promulgated under section 6 of the Occupational Safety and Health Act.

• See 1960.1(a) for the regulatory text describing agency responsibilities.
• The Secretary of Labor also compiles and analyzes occupational safety and health statistics from federal agencies as part of these responsibilities under the Act (see 1960.1(a)).

Under 1960.1(b) an agency head may request approval to use alternate program elements, but they must follow the approval process before implementing them. The basic program elements allow flexibility, but any alternate program elements require the Secretary's approval after consultation.

• See 1960.1(b) which explains the flexibility and the procedure for requesting alternate program elements.

Under 1960.1(c) agencies are encouraged to request consultation, training, recordkeeping, inspections, and evaluations from the Secretary of Labor to help run their safety programs. The Secretary (through the Office of Federal Agency Safety and Health Programs) can review proposed agency plans for implementing program elements upon request.

• See 1960.1(c) for the list of services and the Office's review function.

Under 1960.1(d) agencies must provide specific opportunities for employee participation in their safety and health programs, including consultation with employees or their representatives and appropriate safety and health committees.

• See 1960.1(d) which describes employee participation expectations and how they relate to labor-management relations.

Under 1960.1(e) Executive Order 12196 and Part 1960 apply to all agencies of the Executive Branch and to all Federal employees, covering all working conditions except those involving uniquely military equipment, systems, and operations.

• See 1960.1(e) for the scope and the military operations exception.

No — under 1960.1(f) nothing in the Executive Order or Part 1960 relieves private employers, including federal contractors, or their employees of any rights or responsibilities under the Occupational Safety and Health Act.

• See 1960.1(f).

Under 1960.1(g) the agency head must assure safe and healthful working conditions for federal employees in private facilities by using administrative controls, personal protective equipment, or withdrawing the federal employees from the facility as necessary.

• See 1960.1(g) for the requirement and the options available to agencies when they cannot require abatement in a private workplace.

Yes — 1960.1(g) permits the agency to remove (withdraw) its federal employees from a private-sector workplace to the extent necessary to protect them if the agency cannot require hazard abatement. The agency must ensure protection by administrative controls, PPE, or withdrawal.

• See 1960.1(g).

Under 1960.1(e) military personnel and operations involving uniquely military equipment, systems, and operations are excluded from OSHA coverage; civilian employees and non-unique operations remain covered.

• See 1960.1(e).
• For practical clarification about DoD facilities and when civilian employees are covered, see OSHA's letter of interpretation "Oxygen-deficient atmospheres in HVAC" at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 which explains that military personnel and uniquely military operations are excluded but civilian employees working on non-unique systems are covered by OSHA standards.

Under 1960.1(a) the Secretary of Labor is responsible for collecting, compiling, and analyzing occupational safety and health statistics from the Federal Government and reporting certain evaluations and recommendations to the President.

• See 1960.1(a).

1960.1(b) allows agencies flexibility to adapt the basic program elements to their missions, sizes, and organizations; agencies must operate their programs in accordance with the basic elements, but the elements permit tailored implementation.

• See 1960.1(b).
• If an agency wants to use an alternate approach, it may request the Secretary's approval for alternate program elements (see 1960.1(b)).

Yes — under 1960.1(c) the Office of Federal Agency Safety and Health Programs will review proposed agency plans for implementing program elements upon the agency's request.

• See 1960.1(c).

1960.1(d) requires specific opportunities for employee participation in agency safety programs and states these requirements are separate from but consistent with the Federal Service Labor-Management Relations Statute and related regulations.

• See 1960.1(d) which explains the relationship to labor-management relations law.

No — 1960.1 does not shift private employers' responsibilities; private employers remain responsible for complying with the OSH Act and applicable OSHA standards, while the agency must protect its federal employees by administrative controls, PPE, or withdrawal if it cannot force abatement.

• See 1960.1(f) confirming private employers retain responsibilities under the Act, and 1960.1(g) describing agency options to protect federal employees.