Definitions for federal programs

Under 1960.2(b), the term "agency" means an Executive Department or any employing unit of the Executive Branch, but it excludes the United States Postal Service and does not automatically include Legislative or Judicial Branches unless the Secretary of Labor and the head of that agency agree. See 1960.2(b).

• Practical points: this means most civilian federal departments are covered by Part 1960, but the Postal Service is specifically excluded and coverage of Congress or courts requires an agreement. Refer to Part 1960 general page for the broader program context.

Under 1960.2(g), an "employee" is any person, other than members of the Armed Forces, who is employed by, suffered, permitted, or required to work for an agency. See 1960.2(g).

• Practical point: unpaid or volunteer individuals who are permitted or required to work for the agency can fall within this definition and should be considered when applying safety and health protections.

Under 1960.2(h), each distinctly separate activity performed at a single physical location is treated as a separate "establishment." See 1960.2(h).

• Examples: a building that houses a mailroom, a maintenance shop, and an office area should be treated as multiple establishments if those activities are distinct, which affects recordkeeping and program oversight.

• Practical tip: document each activity’s hazards and controls separately when operations are distinct to meet the intent of Part 1960.

Under 1960.2(k), an "inspection" is a comprehensive survey of all or part of a workplace to detect safety and health hazards; routine day-to-day visits and routine surveillance of occupational health conditions are not inspections. See 1960.2(k).

• Practical point: scheduled walkthroughs focused on specific tasks or spot checks may still be inspections if they are intended to comprehensively identify hazards; routine maintenance checks generally are not.

• Inspections are normally performed during regular work hours unless special circumstances require otherwise (see Part 1960).

Under 1960.2(l), an "injury or illness" is an abnormal condition or disorder; injuries include items such as cuts, fractures, sprains, or amputations. See 1960.2(l).

• Examples of injury: laceration from machinery, broken bone from a fall, sprained wrist during lifting, amputation from equipment.

• For illnesses, see 1960.2(m): illness includes acute and chronic conditions like skin disease, respiratory disorders, or poisoning (1960.2(m)).

Under 1960.2(j) and the Part 1960 definitions, the incidence rate is the number of injuries and illnesses (or lost workdays) per 100 full-time workers and is calculated by N × 200,000 ÷ EH, where N is the number of injuries/illnesses (or lost workdays) and EH is total hours worked. See 1960.2(j) and Part 1960.

• Example: If N = 4 recordable injuries in a year and EH = 400,000 hours, rate = 4 × 200,000 ÷ 400,000 = 2.0 per 100 FTEs.

• Practical tip: 200,000 is the base for 100 full-time employees (40 hrs/week × 50 weeks/year).

Under 1960.2(i), "uniquely military equipment, systems, and operations" are items and activities specific to national defense—like military aircraft, ships, missiles, field maneuvers, and military flight operations—and those designs and operations are excluded from the scope of the Order. See 1960.2(i).

• However, the term does include Department of Defense workplaces and operations that are comparable to private-sector industry (for example, vehicle repair, construction, supply services, medical services, and office work), which remain within the Order’s scope.

• For application to DoD facilities and civilian contractors, see OSHA’s interpretation on oxygen-deficient atmospheres: Oxygen-deficient atmospheres in HVAC.

No; OSHA does not generally cover military personnel and uniquely military operations, but OSHA retains jurisdiction over civilian employees and civilian-like operations at military facilities. See the OSHA letter of interpretation "Oxygen-deficient atmospheres in HVAC" (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16) and 1960.2(i).

• Practical point: private contractors and civilian employees working on tasks comparable to private-sector operations at DoD sites are typically covered by OSHA standards, while combat or uniquely military activities are excluded.

Under 1960.2(f), the "Designated Agency Safety and Health Official" is the individual responsible for managing the agency’s safety and health program and is designated or appointed by the head of the agency pursuant to 1960.6. See 1960.2(f) and 1960.6.

• Practical note: the agency head’s formal appointment ensures centralized responsibility and accountability for the agency-wide OSH program.

• For duties and authority, review the appointment requirements in 1960.6.

The agency head is responsible for determining and certifying equally qualified personnel and for responsibility over Safety and Health Specialists, as described in the list of classifications in 1960.2(s) and the related certification sentence in Part 1960. See 1960.2(s) and the general Part 1960 page.

• Practical point: agencies must follow Office of Personnel Management (OPM) standards or certify equivalent qualifications for positions such as Industrial Hygienist (GS-690), Safety Engineer (GS-803), and Occupational Medicine Physician (GS-602).

• Agencies should retain documentation of the certification to show compliance with Part 1960.

Under 1960.2(q), a "Safety and Health Inspector" is a safety and/or occupational health specialist or other person authorized under Executive Order 12196 to carry out inspections under subpart D, and must have the equipment and competence to recognize workplace safety and health hazards. See 1960.2(q) and Part 1960.

• Practical point: inspectors should be trained and equipped to identify hazards relevant to the workplaces they inspect and be authorized by agency procedures consistent with Executive Order 12196.

Under 1960.2(t), a "workplace" is a physical location where the agency's work or operations are performed; an "establishment" (see 1960.2(h)) is a single physical location where business is conducted and may be subdivided where distinctly separate activities occur. See 1960.2(t) and 1960.2(h).

• Practical clarification: "workplace" is a broader term for any location of agency operations; "establishment" is used for counting and organizing records where separate activities at one location may be treated as separate establishments.

Under 1960.2(u), "imminent danger" is any condition or practice that could reasonably be expected to cause death or serious physical harm immediately or before normal procedures could eliminate it. See 1960.2(u).

• Practical actions: when an imminent danger is found, agencies must act immediately to remove employees from the hazard or eliminate the condition using emergency procedures rather than waiting for normal abatement timelines.

• See Part 1960 for program responsibilities tied to imminent dangers.

Under 1960.2(v), the word "serious" means a hazard, violation, or condition where there is a substantial probability that death or serious physical harm could result. See 1960.2(v).

• Practical point: use this definition to prioritize abatement—conditions presenting substantial probability of severe injury or death must be treated with high urgency.

• This definition aligns with how OSHA and agencies classify high-priority hazards in inspections and enforcement activities.

Under 1960.2(w), a "certified safety and health committee" is an agency safety and health committee that meets the provisions of section 1-3 of Executive Order 12196 and Part 1960, and it must be listed and attested to in writing by the head of the agency to the Secretary of Labor. See 1960.2(w) and Part 1960.

• Practical requirements: committees must meet the membership, duties, and procedural requirements identified in the Executive Order and Part 1960 and the agency head must formally attest to their status in writing.

• Agencies should keep the written attestation on file to demonstrate compliance.

Under 1960.2(x), "reprisal" means any act of restraint, interference, coercion, or discrimination against an employee for exercising rights under Executive Order 12196 or for participating in the agency's safety and health program. See 1960.2(x).

• Practical application: agencies must not retaliate against employees for reporting injuries or participating in safety committees; the 2016 OSHA memorandum on recordkeeping enforcement stresses that employers must have and inform employees of a reasonable reporting procedure and prohibits discrimination for reporting (https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10).

• If an employee experiences reprisals, agencies should investigate promptly and remediate any prohibited actions.

Agencies can apply an alternate standard where deemed necessary, but under 1960.17 they must request and receive the Secretary of Labor's approval before implementing an alternate standard, and include the information required in 1960.17(b)(1)-(b)(5). See Part 1960 general page (see reference to alternate standards in OSHA letters such as the 2019 hexavalent chromium letter which also notes the 1960.17 process: https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).

• Practical point: inform the Secretary of Labor with the required justification before relying on any alternate agency standard.

• See the hexavalent chromium interpretation for an example discussion of alternate standard procedures: Hexavalent chromium sampling methods.

No, OSHA does not require retesting of all employees when converting to insert earphones; the 2013 guidance rescinded the older requirement and allows insert and supra-aural earphones to be used interchangeably, though employers should be aware of potential discrepancies at low frequencies. See the hearing conservation program guidance: https://www.osha.gov/laws-regs/standardinterpretations/2013-03-11-0 and consult 29 CFR 1910.95 for hearing conservation details.

• Practical tip: document your method and be especially cautious with results at 500 and 1000 Hz when comparing baselines taken with different earphone types.

Yes; maintenance on cord-and-plug connected equipment is exempt from 29 CFR 1910.147 when the plug is under the exclusive control of the person performing the work, and such employees are not required to be "authorized employees" under 1910.147 for that exception to apply. See the Lockout/Tagout definitions clarification: https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03 and review 29 CFR 1910.147 for full standard text.

• Important note: exclusion from 1910.147 does not relieve the agency of other obligations to protect employees from hazards under 1960.8 (agency responsibilities under Part 1960). See Part 1960.

An employer with multiple facilities must have a written Exposure Control Plan for each facility or workplace; OSHA interprets 29 CFR 1910.1030 to require an on-site written plan for each workplace where exposures may occur. See the Exposure Control Plans interpretation: https://www.osha.gov/laws-regs/standardinterpretations/2011-12-13 and 29 CFR 1910.1030(c)(1)(i).

• Practical guidance: the ECP should address the specific departments and tasks at each facility where occupational exposure to blood or OPIM may occur and be available on-site for employees and inspectors.

OSHA's HAZWOPER standard (29 CFR 1910.120) applies to emergency response operations for hazardous substances, but whether it applies to WMD Civil Support Teams depends on legal status: many CST members are state employees when activated by a governor and thus not covered by federal OSHA; state OSHA-approved plans or EPA rules may apply instead. See the HAZWOPER applicability letter: https://www.osha.gov/laws-regs/standardinterpretations/2010-02-22 and consult 29 CFR 1910.120.

• Practical step: determine the worker’s employer and legal status (federalized vs. state activation) to know whether federal OSHA or a state plan governs applicability.

Custodial or housekeeping employees who perform housekeeping operations in areas where asbestos-containing material (ACM) or presumed ACM is present must receive asbestos awareness training annually as required by 29 CFR 1910.1001(j)(7)(iv); OSHA reinforced this requirement in its 2006 interpretation. See the Asbestos awareness training requirements letter: https://www.osha.gov/laws-regs/standardinterpretations/2006-01-17-0 and 29 CFR 1910.1001.

• Practical point: even if custodians do not directly handle friable asbestos, training is required when they work in areas where ACM/PACM is present because they may inadvertently create exposures during routine work.

OSHA does not cite ANSI standards that have not been adopted as OSHA standards, but ANSI standards (like IWCA I-14.1-2001) may be referenced in rulemaking and used as evidence of hazard recognition or feasible abatement measures in enforcement. See the Adoption of ANSI window cleaning standard letter: https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0 and Part 1960.

• Practical implication: employers can use ANSI consensus standards to demonstrate feasible means of abatement, but ANSI itself is not automatically an OSHA standard unless adopted.

Under 1960.2(e), consultation with representatives of employees must include consultation, conference, or negotiation consistent with the Federal Service Labor-Management Relations Statute (5 U.S.C. 71) or applicable collective bargaining or labor-management arrangements. See 1960.2(e) and Part 1960.

• Practical steps: integrate bargaining unit representatives or other designated employee representatives in safety program development and ensure communications comply with collective bargaining obligations.

OSHA's 2019 letter states that an employer may use an inhalable sampling technique or other methods for hexavalent chromium provided the method meets the performance requirements in 29 CFR 1910.1026(d)(5) (accuracy ±25% and 95% confidence at or above the action level). See the Hexavalent chromium sampling methods letter: https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19 and 29 CFR 1910.1026(d)(5).

• Practical advice: validate the sampling and analytical method to demonstrate it meets the accuracy and confidence requirements before relying on it for compliance determinations.

When civilian employees or contractor employees work on military facilities in operations comparable to private industry, they are covered by OSHA standards (including 29 CFR 1910.134 for respiratory protection); however, purely uniquely military activities and military personnel remain excluded. See the Oxygen-deficient atmospheres LOI: https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 and Part 1960.

• Practical step: identify whether the work and workers are civilian-like or uniquely military to determine which OSHA standards apply.

Under 1960.2(s), examples of "Safety and Health Specialist" positions include Safety and Occupational Health Manager/Specialist (GS-018), Safety Engineer (GS-803), Industrial Hygienist (GS-690), Occupational Medicine Physician (GS-602), Occupational Health Nurse (GS-610), Safety Technician (GS-019), and various other listed titles. See 1960.2(s).

• Practical note: agencies should use OPM standards or certify equivalent qualifications for these roles as part of their Part 1960 safety program structure.

OSHA’s policy allows an exception for collateral-duty first-aiders: employers would not be cited if they have not offered the hepatitis B vaccination to employees whose only blood exposure risk is collateral first-aid for workplace incidents, provided certain conditions are met and consistent with 29 CFR 1910.1030 and OSHA’s enforcement policy. See the HBV vaccination letter: https://www.osha.gov/laws-regs/standardinterpretations/2000-11-01 and 29 CFR 1910.1030(f)(2).

• Practical consideration: confirm the employee’s role is truly collateral, document the justification, and follow the compliance directive conditions to rely on the exception.