Agency head safety responsibilities

The head of each agency must provide employees with employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm. See 1960.8(a).

• "Recognized hazards" means conditions the agency knows, should know, or can reasonably discover by using accepted hazard-recognition methods (inspections, incident reports, employee reports, etc.).
• If a hazard is not directly covered by a specific OSHA standard, the agency must still address it under 1960.8(a); OSHA has previously explained that federal agencies are cited under 1960.8 when hazards are not covered by a specific OSHA standard in the private-sector rules (see the letter discussing adoption of ANSI standards and citation practices at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).

Yes — the head of each agency must comply with the Occupational Safety and Health Administration standards that apply to the agency. See 1960.8(b).

• Note the limited exception for military personnel and uniquely military equipment or operations: OSHA's interpretation explains that such uniquely military activities are excluded from OSHA coverage under Executive Order 12196 and Part 1960, but civilian employees and contractor employees working on non-unique military systems remain covered by OSHA standards (see the OSHA interpretation on Oxygen-deficient atmospheres in HVAC at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

The agency head must develop, implement, and evaluate an occupational safety and health program that meets Section 19 of the OSH Act, Executive Order 12196, and the basic program elements in 29 CFR Part 1960. See 1960.8(c) and the overall 1960 part for program requirements.

• Key steps the agency must take: write policies, assign responsibilities, provide training, perform hazard assessments, implement controls, and periodically evaluate program effectiveness.
• Evaluation means the program must be audited and updated — mere paperwork is not enough; the agency must show active implementation and corrective action when hazards are found.
• If an agency wants to use alternate program elements, those must be approved as described in Part 1960 (see the discussion of alternate standards and approvals in the hexavalent chromium interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).

Yes — an agency may develop and use approved alternate program elements instead of the basic program elements, but the alternate elements must be approved as required by Part 1960. See 1960.8(c) and related guidance in the hexavalent chromium letter regarding requests for alternate standards and the approval process at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.

• An alternate program or standard must be submitted for review and Secretary of Labor approval when required by 29 CFR 1960 procedures.
• The hexavalent chromium interpretation explains that an agency cannot implement an alternate standard without providing the required supporting information and obtaining approval (see https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).

Yes — the head of each agency must acquire, maintain, and require the use of approved personal protective equipment, approved safety equipment, and other devices necessary to protect employees. See 1960.8(d).

• "Acquire and maintain" means agencies must budget for, purchase, properly store, and keep PPE in serviceable condition.
• "Require the use" means supervisors must enforce PPE rules and provide training on proper use, care, and limitations.
• When equipment must meet a specific consensus or OSHA-approved standard, agencies should select equipment that meets those requirements or accepted industry standards (OSHA has discussed use of ANSI and other consensus standards as evidence of feasible abatement in previous guidance — see https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).

"Approved" PPE means equipment that meets applicable federal standards or widely accepted consensus standards and provides the protection needed for the specific hazard; the agency must select PPE that is appropriate, certified where required, and maintained in serviceable condition. See 1960.8(d).

• Where OSHA or another federal standard requires certification (for example, NIOSH-certified respirators under 29 CFR 1910.134), agencies must use certified equipment for those hazards.
• When a specific OSHA standard does not specify a certification, agencies should use consensus standards (ANSI, ASTM, etc.) as guidance; OSHA has said in prior guidance that consensus standards can be relied on to demonstrate hazard recognition and feasible abatement measures (see the ANSI/window-cleaning discussion at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).

Yes — agency heads shall authorize safety and health personnel to utilize specialized expertise from any available source, including other agencies, professional groups, consultants, universities, labor organizations, and safety and health committees. See 1960.8(e).

• This authorization is intended to ensure agencies can access the technical skills needed for complex hazards (industrial hygiene, structural engineering, HVAC, etc.).
• The OSHA interpretation about oxygen-deficient atmospheres in HVAC illustrates how specialized technical issues (HVAC/refrigerant design and oxygen deficiency) can require subject-matter expertise and how OSHA applies standards to civilian workers in such settings (see https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Yes — agencies may and should authorize safety personnel to use external technical expertise to evaluate HVAC hazards like oxygen-deficient atmospheres when specialized knowledge is needed. See 1960.8(e) and OSHA's interpretation on oxygen-deficient atmospheres in HVAC that discusses how OSHA rules apply to civilian employees in facility HVAC design and exposure scenarios (see https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

• The 2024 interpretation clarifies OSHA coverage and the application of respiratory protection requirements to civilian employees in facilities where HVAC/refrigerant releases could create oxygen-deficient atmospheres (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Generally no — military personnel and uniquely military equipment systems and operations are excluded from OSHA coverage, but civilian employees and private contractors working on non-unique systems remain covered by OSHA standards. See 1960.8(b) and the OSHA interpretation on oxygen-deficient atmospheres in HVAC that explains the exclusion for uniquely military activities under Executive Order 12196 (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

• The 2024 OSHA interpretation explains that when civilian employees are involved in non-unique military work, those employees are subject to OSHA standards like the Respiratory Protection Standard, 29 CFR 1910.134 (see https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Yes — civilian employees of private contractors performing work under federal contracts at federal facilities are covered by OSHA standards when working on non-unique military systems or civilian-equivalent operations. See 1960.8(b) and OSHA's interpretation on HVAC oxygen-deficient atmospheres explaining coverage for civilian employees and contractors at military facilities (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

• Contractors must follow applicable OSHA standards and the host agency's safety program requirements when performing covered work.
• If a contractor's work is in a truly unique military operation that is excluded, different rules may apply, but OSHA reviews coverage on a case-by-case basis as described in the 2024 interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

Yes — if a hazard is not specifically addressed by a private-sector OSHA standard, a federal agency can still be required to abate the hazard under 1960.8(a), and OSHA has historically applied 1960.8 when hazards are not covered by a specific standard. See 1960.8(a) and the OSHA letter discussing adoption of ANSI standards which notes that OSHA would cite federal agencies under 1960.8 for hazardous conditions not covered by an OSHA private-sector standard (https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).

• That letter explains that consensus standards (e.g., ANSI) may be used as evidence of recognized hazards or feasible abatement methods when an OSHA standard is silent (https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).

Yes — agencies must develop, implement, and evaluate an occupational safety and health program appropriate to their workplaces; for practical compliance this means a program (and supporting documentation) should be available and accessible for each facility or workplace so employees know protections that apply there. See 1960.8(c).

• The program must reflect the workplace-specific hazards and controls, training, and evaluation measures.
• OSHA's guidance on related standards (for example, the bloodborne pathogens program interpretation for multi-facility employers) underscores the importance of having workplace-specific written plans when hazards vary by location (see https://www.osha.gov/laws-regs/standardinterpretations/2011-12-13).

No — an agency may apply an alternate standard or alternate elements where deemed necessary, but it must first request and obtain the Secretary of Labor's approval as required by Part 1960; agencies cannot unilaterally implement an alternate standard without submitting the required approval request. See 1960 and OSHA's hexavalent chromium interpretation that explains the requirement to request approval under 29 CFR 1960.17 before implementing an alternate standard (https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).

• The 2019 interpretation specifically reminds agencies that requests for an alternate standard must include the information described in 1960.17(b)(1)-(b)(5) and that OSHA will not deem an alternate standard approved without that review (https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19).