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OSHA 1960.79

Self-evaluation program requirements

Subpart J

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.79, who must develop and implement a program of self-evaluations for federal occupational safety and health programs?

Agency heads are responsible for developing and implementing the self-evaluation program. This requirement is set out directly in 1960.79, which directs agency heads to establish and carry out a program of self-evaluations to determine the effectiveness of their occupational safety and health programs.

Under 1960.79(a), what must self-evaluations determine about program development?

Self-evaluations must determine whether the agency safety and health programs were developed in accordance with Executive Order 12196 and the requirements of Part 1960. The standard explicitly requires qualitative assessments of program development per 1960.79(a).

Under 1960.79(b), what must self-evaluations determine about program implementation?

Self-evaluations must determine whether the agency safety and health programs are implemented effectively in all agency field activities. The regulation requires agencies to include qualitative assessments of implementation in field operations as stated in 1960.79(b).

Under 1960.79, are self-evaluations required to be qualitative, quantitative, or both?

The standard requires self-evaluations to include qualitative assessments. 1960.79 explicitly calls for qualitative assessments of how the agency's programs were developed and how they are implemented; it does not prohibit agencies from using quantitative measures in addition to qualitative reviews.

Under 1960.79, does the regulation specify how often agencies must perform self-evaluations?

No, 1960.79 does not specify a required frequency for conducting self-evaluations. The rule requires agencies to develop and implement a program of self-evaluations to assess program effectiveness (1960.79), but it leaves timing and detailed procedures to the agencies to establish in their programs.

Under 1960.79, must agencies contact anyone for help developing a self-evaluation program?

Yes—agencies that need assistance in developing a self-evaluation program should contact the Secretary. The text of 1960.79 explicitly directs agencies to contact the Secretary for help developing a self-evaluation program.

Under 1960.79, do the self-evaluation requirements apply to uniquely military personnel, equipment, or operations?

Self-evaluation requirements apply to federal agency safety programs, but uniquely military personnel and operations are excluded from OSHA coverage under Executive Order 12196; civilian employees working on non-unique operations remain covered. The 1960.79 requirement exists within Part 1960, and OSHA has explained in its letter on oxygen-deficient atmospheres that Executive Order 12196 excludes military personnel and uniquely military systems and operations from OSHA coverage while civilian contractor employees working on non-unique operations are covered (see OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Under 1960.79, should self-evaluations assess whether agency programs comply with particular OSHA standards (for example, respiratory protection)?

Yes—self-evaluations should assess program effectiveness including compliance aspects relevant to the agency's occupational safety and health obligations. 1960.79 requires qualitative assessments of program development and implementation, which reasonably includes checking compliance with applicable standards; for example, OSHA's interpretation on oxygen-deficient atmospheres explains how specific standards (like the respiratory protection standard) apply to covered civilian employees: https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

Under 1960.79, must self-evaluations cover agency field activities at each facility or location?

Yes—self-evaluations must determine whether programs are implemented effectively in all agency field activities. 1960.79(b) explicitly requires assessing implementation across field activities, which means agencies need to evaluate program performance at their operational locations and field sites.

Under 1960.79, does the standard require a written self-evaluation report or specific documentation format?

No, 1960.79 does not prescribe a specific written report format or documentation method. The regulation requires agencies to develop and implement a program of self-evaluations (1960.79), but it does not set a required format or paperwork; agencies must design an approach that meets the rule's purpose.

Under 1960.79, can an agency use its self-evaluation program to review training and recordkeeping required by other OSHA-related rules?

Yes—an agency's self-evaluation program should assess the effectiveness of program elements that are part of the agency's occupational safety and health responsibilities, which include training and recordkeeping. 1960.79 requires qualitative assessments of program development and implementation, and other OSHA guidance (for example, OSHA's recordkeeping enforcement procedures at https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10) highlights the importance of proper recordkeeping practices that a self-evaluation would reasonably review.

Under 1960.79, who is the “Secretary” agencies should contact for assistance with self-evaluation programs?

The term refers to the Secretary of Labor for purposes of Part 1960 assistance. 1960.79 tells agencies to contact the Secretary for help, and Part 1960 implements Executive Order 12196 and OSHA oversight, which is administered by the U.S. Department of Labor (see general Part 1960 information at https://www.osha.gov/laws-regs/regulations/standardnumber/1960).

Under 1960.79, may agencies adopt alternate approaches to meet self-evaluation requirements or must they follow a single prescribed method?

The regulation does not prescribe a single method, so agencies may develop their own self-evaluation approaches as long as they meet the requirements in Part 1960. 1960.79 requires agencies to develop and implement a program of self-evaluations but does not dictate a single standardized procedure; where agencies seek to adopt alternate standards or processes under Part 1960, OSHA has explained in other contexts that alternate standards may require approval (see the chromium sampling interpretation referencing 29 CFR 1960.17 at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).

Under 1960.79, does the standard require agencies to evaluate contractor safety programs that operate on federal sites?

1960.79 focuses on agency occupational safety and health programs for federal employees; contractor programs are not directly mandated by this section, but contractor activities that affect federal employees or involve civilian contractor employees may be relevant. 1960.79 requires agencies to evaluate their programs' effectiveness, and OSHA's oxygen-deficient atmospheres interpretation clarifies that civilian contractor employees working under federal contracts may be covered by OSHA standards in comparable operations (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Under 1960.79, what should an agency do if its self-evaluation finds that the safety program was not developed in accordance with Executive Order 12196 or Part 1960?

The standard requires agencies to determine program effectiveness but does not specify specific corrective action steps; agencies must take appropriate measures to bring their programs into compliance with Executive Order 12196 and Part 1960. 1960.79 obligates agencies to evaluate development and implementation, and agencies are expected to correct deficiencies identified by those evaluations to meet their obligation under Part 1960 and the Executive Order.

Under 1960.79, does the requirement to evaluate implementation ‘in all agency field activities’ include mobile or temporary worksites?

Yes—the phrase covers agency field activities generally, which includes mobile and temporary worksites where agency operations occur, because 1960.79(b) requires assessing implementation across an agency's field activities rather than limiting the assessment to permanent facilities.

Under 1960.79, can an agency’s self-evaluation program be used to satisfy unrelated OSHA standard-specific inspection requirements?

Not automatically—1960.79 requires agencies to evaluate their overall safety and health programs, but it does not substitute for specific inspection or monitoring requirements imposed by other OSHA standards. Agencies should use self-evaluations to assess program effectiveness as called for in 1960.79, while continuing to meet the separate, standard-specific obligations found elsewhere in OSHA rules and guidance (for example, standards addressed in OSHA interpretations such as https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Under 1960.79, are agencies required to involve employees or employee representatives in the self-evaluation process?

1960.79 does not specifically mandate employee involvement in the self-evaluation process, but the provision requires assessing program development and implementation; agencies commonly include employee participation when evaluating program effectiveness. The rule itself—1960.79—focuses on agency heads' responsibility to develop and implement self-evaluations, while other parts of Part 1960 and OSHA guidance address employee involvement in specific program elements.

Under 1960.79, may an agency rely on external audits or third-party assessments to meet the self-evaluation requirement?

Yes—while 1960.79 requires agencies to develop and implement a program of self-evaluations, it does not prohibit the use of external audits or third-party assessments as part of that program. 1960.79 sets the requirement for evaluation but leaves the choice of methods to the agency, so agencies may include qualified external assessments if they support the required qualitative determination of development and implementation effectiveness.