General provisions for agencies

GSA must provide a recent pre-occupancy inspection report identifying any serious hazards or serious violations and a plan for abating those hazards. See the requirement in 1960.34(a)(1) which is split into the inspection report at 1960.34(a)(1)(i) and the abatement plan at 1960.34(a)(1)(ii).

• The inspection report should identify serious hazards or violations of OSHA standards (or approved alternate standards).
• The abatement plan should describe how identified hazards will be corrected before occupancy or how they will be controlled if immediate abatement is not possible.

(See 1960.34(a)(1).)

Space offered by GSA must meet any special safety and health requirements submitted by the requesting agency and must not contain serious hazards or unremediable serious violations of OSHA or approved alternate standards. This is set out in 1960.34(a)(2) with the two parts at 1960.34(a)(2)(i) and 1960.34(a)(2)(ii).

• If an agency specifies special safety or health needs, GSA must provide space that meets those needs.
• GSA must not offer space that contains serious hazards or serious violations that cannot be abated prior to occupancy.

(See 1960.34(a)(2).)

GSA should repair, renovate, or alter owned or leased space upon an agency's request in a planned and controlled manner to reduce or eliminate hazardous exposures to the occupant agency's employees whenever possible. See 1960.34(a)(3).

• Renovations should be coordinated and scheduled to control hazards created during the work.
• The goal is to minimize employee exposure by using planning, engineering controls, and safe work practices during alterations.

(See 1960.34(a)(3).)

GSA must complete on-site investigations within 24 hours for imminent danger situations, within three working days for potentially serious conditions, and within 20 working days for other safety and health risk conditions. This is specified in 1960.34(a)(5).

• "Imminent danger" investigations: complete within 24 hours.
• "Potentially serious" condition investigations: complete within three working days.
• Other risk condition investigations: complete within 20 working days.

(See 1960.34(a)(5).)

GSA must abate unsafe or unhealthful conditions within 30 calendar days or submit an abatement plan to the occupant agency's liaison official that prioritizes resources for prompt abatement. See 1960.34(a)(6).

• If abatement cannot be completed within 30 calendar days, GSA must provide a written abatement plan to the agency's liaison official.
• The abatement plan must prioritize actions and resources to bring about prompt correction of hazards.

(See 1960.34(a)(6).)

GSA must establish an occupancy permit program to regulate activities and occupancies in facilities to avoid incompatible groupings (for example, preventing chemical or biological labs from being located in standard office space). This requirement is in 1960.34(a)(7).

• The program sets limits on what kinds of work can be performed in particular spaces to prevent undue hazards to other occupants.
• It helps ensure facility uses are compatible with building systems, emergency procedures, and occupant safety.

(See 1960.34(a)(7).)

GSA building managers must maintain a log that records the date of receipt of the report, the action taken, and the final resolution for each tenant-submitted report of unsafe or unhealthful conditions. This is required in 1960.34(a)(9).

• The log should be kept current and accessible so agencies can track reports and corrective actions.
• Maintaining this information helps demonstrate that hazards were managed and resolved.

(See 1960.34(a)(9).)

Agency product safety programs must ensure procured items allow user agencies to use the products safely for their intended purpose and help users comply with applicable standards. This is stated in 1960.34(b) and specifically in 1960.34(b)(1).

• Procurement specifications should consider safety features, instructions, labeling, and compatibility with applicable OSHA and Federal requirements.
• GSA and other procuring agencies coordinate with OSHA/NIOSH when writing Federal procurement specifications to assure approved products are purchased (see 1960.34(b)(4)).

(See 1960.34(b)).

Products must meet applicable Federal safety and health laws and regulations, and hazardous materials must be labeled to alert users and responders about flammability, toxicity, compatibility, first aid, and handling and disposal procedures. See 1960.34(b)(2) and 1960.34(b)(3).

• Labels must provide the basic hazard and emergency handling information required by law or regulation.
• Procurement specifications should ensure labeling is consistent with current Federal requirements so users, shippers, and emergency personnel are properly informed.

(See 1960.34(b)(2) and 1960.34(b)(3).)

GSA coordinates the writing of Federal procurement specifications with OSHA/NIOSH as needed to assure the purchase of approved safety rescue and personal protective equipment for user agencies. This requirement is in 1960.34(b)(4).

• The coordination helps ensure equipment meets applicable standards and is suitable for workplace hazards.
• It also supports availability of appropriate rescue and PPE for agencies that receive the products.

(See 1960.34(b)(4).)

When a product is recalled, the procuring/supplying Federal agency must remove it from inventory and forward each recall notice or order to all agencies that ordered the product from or through the procuring agency. See 1960.34(b)(5).

• Remove recalled items from service and inventory promptly.
• Notify all customer agencies that received the product about the recall and any required corrective steps.

(See 1960.34(b)(5).)

Federal agencies must prepare and maintain MSDS information consistent with FEDSTD 313, provide MSDS to DOD for filing and distribution, and use either DOD-provided MSDS or supplier-provided MSDS when purchasing hazardous materials for local use. See 1960.34(b)(6), 1960.34(c), and 1960.34(d).

• MSDS must meet the requirements of FEDSTD 313.
• Agencies must either use the DOD automated MSDS system or obtain MSDS directly from suppliers when purchasing hazardous materials for local use.
• MSDS information is used to develop workplace procedures that inform and protect employees from chemical hazards.

(See 1960.34(b)(6), 1960.34(c), and 1960.34(d).)

GSA will maintain listings in the Federal Supply Schedule of safety and health services and equipment approved for agency use, including workplace inspections, training, industrial hygiene surveys, asbestos sampling, mobile health testing, PPE, safety devices, and environmental monitoring equipment. See 1960.34(e)(1).

• These listings help agencies find approved services and equipment that meet Federal safety and health needs.
• Examples of services and equipment are provided directly in 1960.34(e)(1).

(See 1960.34(e)(1).)

GSA provides rules and assistance for preparing agency Occupant Emergency Plans (formerly Facility Self-Protection Plans), which will be published at 41 CFR part 101, as stated in 1960.34(e)(2).

• GSA guidance helps agencies develop effective emergency response and evacuation procedures tailored to their facilities.
• Agencies should consult the published rules at 41 CFR part 101 when preparing their plans.

(See 1960.34(e)(2).)

GSA must maintain an effective Interagency Motorpool System maintenance program that ensures vehicle safety and health by addressing critical items such as exhaust systems, brakes, tires, lights, steering, and passenger restraint or other crash protection systems. See 1960.34(e)(3).

• Regular maintenance and inspection schedules should cover all critical vehicle systems.
• The program should protect employees who operate or ride in motorpool vehicles.

(See 1960.34(e)(3).)

GSA operates a rapid response system so agencies can alert GSA to unsafe or unhealthful items purchased or contracted for by GSA; GSA will evaluate reports, initiate corrective action as appropriate, and advise user agencies of interim protective measures. This duty is described in 1960.34(e)(4).

• Reports should trigger evaluation and, if needed, corrective actions and communications to affected agencies.
• Interim protective measures may be recommended while permanent corrective steps are taken.

(See 1960.34(e)(4).)

All other Federal agencies with authority for purchasing equipment, supplies, materials, or controlling government space must follow this subpart and publish procedures for resolving conflicting standards. The general requirement is stated at the start of 1960.34. Additionally, the Secretary of Labor and GSA must initiate a study and publish a joint procedure for resolving conflicts in standards within six months of the part's effective date (see the introductory paragraph of 1960.34).

• Agencies must coordinate procurement and space-control decisions to satisfy Federal safety and health requirements.
• A joint procedure is required to resolve conflicts that might arise between agency standards and GSA or OSHA requirements.

(See 1960.34).

An agency may apply an alternate standard only where permitted by 29 CFR Part 1960 and, if doing so, must follow the alternate standards procedure which requires prior approval from the Secretary of Labor. See 1960 and note that alternate standards and requests are governed by 29 CFR 1960.17 (see the discussion in the 2019 LOI on hexavalent chromium sampling methods).

• Agencies must submit required documentation and receive approval before implementing an alternate standard.
• The hexavalent chromium LOI illustrates that while performance-based methods may be acceptable, formal alternate-standard procedures remain necessary when deviating from OSHA standards.

(See 1960 and the LOI at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.)

Military personnel and uniquely military equipment systems and operations are excluded from OSHA coverage under Executive Order 12196 and 29 CFR Part 1960, but civilian employees and contractor employees working on non-unique-military operations are covered by OSHA standards. See 1960.2, the specific exclusion at 1960.2(i), and the OSHA letter of interpretation on oxygen-deficient atmospheres at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

• OSHA retains jurisdiction over workplaces and operations comparable to private-sector industry even on military installations when civilian employees are involved.
• The 2024 LOI clarifies that civilian employees remain subject to OSHA standards such as the Respiratory Protection Standard when applicable.

(See 1960.2(i) and the LOI at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.)

Yes — GSA or the Administrator's designee may accompany the Secretary of Labor or the Secretary's designee on any inspection or investigation of a facility under GSA authority upon request. This is authorized in 1960.34(a)(4).

• GSA participation can aid coordination and help ensure that issues involving leased or Federal property are addressed efficiently.
• Agencies should request accompaniment when timely involvement by GSA is needed during inspections.

(See 1960.34(a)(4).)

GSA should, insofar as possible, resolve outstanding agency safety and health problems or provide acceptable alternatives before lease renegotiation. This is required by 1960.34(a)(8).

• Addressing outstanding issues prior to renegotiation reduces future hazards and contractual complications.
• If complete resolution is not possible, GSA should document acceptable alternatives or mitigation measures in the lease terms.

(See 1960.34(a)(8).)

Agencies must use MSDS data to develop detailed workplace procedures that inform employees about hazards of materials and how to protect themselves, as required by 1960.34(d) and the MSDS preparation requirement in 1960.34(b)(6).

• Use MSDS to create handling, storage, PPE, emergency response, and disposal procedures.
• Ensure MSDS are readily available to workers and incorporated into training and emergency plans.

(See 1960.34(b)(3), 1960.34(b)(6), and 1960.34(d).)

No — user agencies should not assume safety without verification; 1960.34(b)(1) requires product safety programs to ensure procured items allow safe use and facilitate compliance with applicable standards, which implies verification through specifications, testing, labeling, and coordination with GSA/OSHA/NIOSH.

• Procurement specifications and approval processes are used to confirm product suitability and compliance.
• Agencies should ensure documentation (test results, MSDS, certifications) accompanies procured products.

(See 1960.34(b)(1) and 1960.34(b)(4).)

Both the occupant agency and the lessor agency (such as GSA) have roles, but 1960.34(a)(6) requires GSA to abate unsafe conditions disclosed by reports or inspections within 30 calendar days or submit an abatement plan; occupant agencies should timely report hazards per 1960.34(a)(5).

• Tenant agencies should report hazards to the GSA liaison and document reports (see 1960.34(a)(9)).
• GSA is expected to investigate within the timelines in 1960.34(a)(5) and abate or plan abatement per 1960.34(a)(6).

(See 1960.34(a)(5), 1960.34(a)(6), and 1960.34(a)(9).)

Yes — agencies can use alternative or performance-based methods if they meet the accuracy and statistical confidence requirements of the applicable OSHA standard; the 2019 hexavalent chromium LOI confirms that acceptable inhalable sampling methods are permitted if they meet the performance criteria in 29 CFR 1910.1026(d)(5). See 1960.34(b)(4) for procurement coordination and the LOI at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19 for the chromium example.

• The LOI explains that paragraph (d)(5) of 29 CFR 1910.1026 is performance-based and does not mandate a specific sampler if accuracy and confidence criteria are met.
• When procuring sampling equipment, agencies should coordinate with OSHA/NIOSH to ensure purchased methods meet required performance standards.

(See 1960.34(b)(4) and the LOI at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.)

An agency should consult GSA when it has special safety and health requirements for space prior to occupancy or lease negotiation so GSA can provide space that meets those requirements as required by 1960.34(a)(2)(i).

• Early consultation allows GSA to identify appropriate buildings, plan renovations, or include necessary safety features in lease terms.
• This coordination reduces the chance of incompatible occupancies and helps GSA meet its obligations under 1960.34(a)(7).

(See 1960.34(a)(2)(i) and 1960.34(a)(7).)

The DOD operates and maintains an automated system to receive, file, reproduce, and make MSDS data available to other Federal agencies through the Government Printing Office or the National Technical Information Services, as required by 1960.34(c).

• Agencies can obtain standardized MSDS information via the DOD system for use in hazard communication and workplace procedures.
• The centralized system helps ensure consistent access to MSDS content across agencies.

(See 1960.34(c).)