Subpart D
Under 1960.28(a) the purpose of employee reports is to inform the agency about existing or potential unsafe or unhealthful working conditions. The rule also makes clear that a report under this part is not a grievance.
Under 1960.28(b) employees should report hazards through established channels such as their supervisor, agency safety and health officials, safety and health committees, safety and health inspectors, the head of the agency, or the Secretary. These channels are meant to assure prompt analysis and response.
Under 1960.28(c) an oral report is allowed but the report must be reduced to writing either by the person submitting it or by the official designated to receive reports.
Under 1960.28(c) the report shall contain the name of the employee making the report, but upon the employee's request the official receiving the report must not disclose the individual's name to anyone except authorized representatives of the Secretary.
Under 1960.28(c) the existence of a formal reporting channel does not prevent a supervisor from taking immediate corrective action in response to oral reports when such action is possible. Employees are also not required to wait to file a written report after an oral notification.
Under 1960.28(d)(1) each report should be recorded on a log maintained at the establishment, but if an agency finds a log at the establishment level inappropriate it may use the alternative procedures in [1960.71]. A copy of each report must be sent to the appropriate establishment safety and health committee.
Under 1960.28(d)(2) the establishment log or case file should at minimum contain the date, time, code/reference/file number, location of the condition, a brief description of the condition, classification (imminent danger, serious or other), and the date and nature of action taken. A sequentially numbered, coded case file should be assigned.
Under 1960.28(d)(3) agency inspections must be conducted within 24 hours for imminent danger conditions, within three working days for potentially serious conditions, and within 20 working days for other-than-serious conditions.
Under 1960.28(d)(4) an inspection may not be necessary if management can abate the hazardous condition immediately through normal action and promptly notify employees and the safety and health committee. If the official receiving the report determines there are not reasonable grounds for an inspection, the employee must be notified in writing within 15 days and a copy of that notification must be provided to the certified safety and health committee.
Under 1960.28(d)(4) an agency's inspection or investigation report must be made available to the employee who made the report within 15 days after completion of the inspection for safety violations and within 30 days for health violations, unless there are compelling reasons. The report must also be made available to the Secretary or the Secretary's authorized representative on request.
Under 1960.28(e)(1) employees are encouraged to use their agency’s safety and health procedures because agency programs are the most expeditious means to achieve abatement of hazardous conditions; agency procedures must provide for responding to employee reports.
Under 1960.28(e)(2) when the Secretary receives a report directly from an employee and a certified safety and health committee exists, the Secretary will forward the report to the agency for handling under 1960.28(d), and a copy of the agency's response to the originator must be sent to the Secretary.
Under 1960.28(e)(3) the Secretary may initiate an inspection or other appropriate action when there is no certified safety and health committee or when one-half of the committee's members request it. If the Secretary decides to inspect, the same response times in 1960.28(d)(3) apply; if the Secretary decides not to inspect, the report is forwarded to the agency for handling under 1960.28(d). A copy of the response to the originator must be sent to the Secretary.
Under 1960.28 employees must report imminent danger situations by the most expeditious means available, meaning they should use the fastest reliable method to get the information to those who can act (for example, immediate phone call, radio, in-person notification to a supervisor, or emergency communication system). Agencies must treat such reports with the highest priority.
Under 1960.28(d)(2) reports should be classified at minimum as imminent danger, serious (potentially serious), or other; classification matters because it determines the required agency response time (24 hours for imminent danger, 3 working days for potentially serious, 20 working days for other).
Under 1960.28(d)(1) a copy of each report received by the agency must be sent to the appropriate establishment safety and health committee.
Under Part 1960 and the July 16, 2024 letter of interpretation, OSHA requirements under Part 1960 do not cover uniquely military personnel, equipment, and operations, but civilian employees working on non-uniquely military systems or for private contractors at DoD facilities may be covered and therefore subject to OSHA standards like those in Part 1960.
Under 1960.28(a) employee reports are not considered grievances; they are a reporting mechanism to inform the agency about unsafe or unhealthful conditions and to prompt safety action.