Purpose and scope

Under 1960.78(a), the purpose of Subpart J is to set up a comprehensive program for evaluating Federal employee occupational safety and health programs. This subpart specifically:

• explains that agency heads are responsible for conducting self-evaluations of the effectiveness of their agency programs; and
• explains that the Secretary of Labor is responsible for evaluating how well agencies have developed and implemented programs consistent with Executive Order 12196 and Part 1960. See 1960.78(a).

Under 1960.78(b), agency heads must develop and implement a program to evaluate the effectiveness of their agency's occupational safety and health program. Agencies must also submit an annual summary report to the Secretary covering the self-evaluations conducted during the previous year. See 1960.78(b).

• The responsible party is the agency head (not a third party).
• The report is annual and must summarize that year's self-evaluations.

Under 1960.78(c), the Secretary of Labor will conduct comprehensive evaluations of each Federal agency's occupational safety and health program on a regular schedule to determine program performance levels. The Secretary will submit to the President each year a summary report of the status of Federal employees' occupational safety and health, including Department of Labor evaluations with agency responses and recommendations for improving agency performance. See 1960.78(c).

Under 1960.78(b), an agency's annual summary report to the Secretary must cover the self-evaluations the agency conducted during the previous year. The report should summarize findings about program effectiveness and any corrective actions or areas needing improvement. See 1960.78(b).

• Keep the summary focused on evaluations completed in the preceding year.
• Include results and planned or completed corrective actions when applicable.

Under Part 1960, agencies must develop and run a program to evaluate their safety and health programs and they must submit an annual summary report covering the self-evaluations conducted during the previous year. In short: self-evaluations are part of an ongoing program, and reports are submitted annually. See 1960.78(b).

No for military personnel and uniquely military systems, and yes for civilian employees and many contractor employees. OSHA does not cover military personnel and systems that are uniquely military, but OSHA retains jurisdiction over workplaces and operations comparable to private-sector industries and covers civilian employees and private contractors working under federal contracts. See the OSHA letter Oxygen-deficient atmospheres in HVAC which explains how Executive Order 12196 and 29 CFR Part 1960 apply in military settings. Also see 1960 for the general federal program framework.

An agency may apply an alternate standard only where deemed necessary, but it must request and receive the Secretary of Labor’s approval before implementing it. The request must include the information described in 29 CFR 1960.17(b)(1)-(b)(5). This principle was reiterated in OSHA's response about sampling methods for chromium where OSHA noted that an alternate standard under 29 CFR 1960.17 requires prior approval. See the interpretation Hexavalent chromium sampling methods and the Part 1960 general requirements at 1960.

• Do not implement alternate standards without submitting the required approval request to the Secretary.

Under 1960.78(c), "regular schedule" means the Secretary will carry out comprehensive evaluations of each agency on a planned, recurring basis to determine program performance levels; the exact timing is managed by the Secretary to ensure ongoing oversight and annual reporting to the President. See 1960.78(c).

• Agencies should be prepared for periodic evaluations and for providing requested documentation and responses.

An agency must minimize or eliminate recognized hazards identified during self-evaluations and take corrective action consistent with its responsibility to provide workplaces free from recognized hazards. Federal program requirements impose that duty on agency heads. See 1960.78(b) and see the OSHA letter Lockout/Tagout definitions clarification which reminds agencies of their obligation under federal program elements (e.g., agency responsibilities to provide safe workplaces).

• Corrective steps should be documented and may be reviewed in the agency's annual summary report.

Under 1960.78(b), the agency head is responsible for submitting the annual summary report to the Secretary that covers the self-evaluations conducted during the previous year. See 1960.78(b).

Under 1960.78(c), Department of Labor evaluations, together with agency responses, are included in the Secretary's annual submission to the President and are used to report on agency progress, identify problems in correcting unsafe or unhealthful conditions, and recommend improvements to agency performance. See 1960.78(c).

• Expect evaluations and responses to form the basis of recommendations and tracking of corrective actions.

Yes. Agencies should maintain records of their self-evaluations and corrective actions so the Secretary can review program effectiveness and agency responses during his/her comprehensive evaluations. This practice follows the reporting and oversight framework in Part 1960. See 1960.78 for the requirement to evaluate and report, and consult OSHA guidance such as the Recordkeeping enforcement procedures memorandum for the importance of documentation and employee involvement in reporting processes.

The requirements to develop, implement, and report on agency safety program evaluations under Part 1960 apply to federal agencies; however, coverage and how standards apply can vary by workplace type and legal jurisdiction. For example, federal OSHA coverage differs for state or local government workplaces and some military activities. See 1960 for the federal program framework and the OSHA letter Exposure control plans for multiple facilities or Oxygen-deficient atmospheres in HVAC for examples of how coverage and program application may vary by setting.