Secretary's role in councils

Field councils must describe how much management and employee participation each defined Federal field activity had during the year. See 1960.85(a).

• The report should state the degree of both management and employee involvement by each defined Federal field activity.
• The Secretary uses these descriptions to compile consolidated participation information for each agency head.

The Secretary will annually give each agency head a consolidated report showing how that agency’s field installations participated in field council activities. See 1960.85(a).

• This is a compiled summary of the participation descriptions the field councils submit.
• Agencies can use the consolidated report to assess and encourage participation across their field installations.

The Secretary must give leadership and guidance and make available needed equipment, supplies, and staff services, as well as consultative and technical assistance to help councils carry out their responsibilities. See 1960.85(b).

• Examples include aid in program development and planning, and sponsoring, conducting, or supporting safety and health training courses.
• The Secretary’s support can be direct (staff, supplies) or consultative (technical advice, training assistance).

Yes — the Secretary is required to make available necessary equipment, supplies, and staff services to assist Field Federal Safety and Health Councils. See 1960.85(b).

• This provision authorizes both material support and personnel support to enable councils to carry out planning, training, and program activities.
• Use of these resources should align with the councils’ responsibilities and the Secretary’s guidance.

The Secretary must maintain liaison with agency heads to ensure they encourage their field activities to participate actively in field council programs. See 1960.85(a).

• Liaison means regular communication and reporting so agency heads know participation levels and can promote engagement.
• The Secretary’s annual consolidated report to agency heads is a tool to drive maximum participation.

OSHA generally does not cover uniquely military personnel, equipment, and operations, but civilian employees at military facilities are covered when their work is comparable to private-sector tasks. See Part 1960 and the OSHA letter of interpretation on oxygen-deficient atmospheres at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

• Executive Order 12196 and 29 CFR Part 1960 exclude certain military-unique activities from OSHA coverage, but civilian employees working on non-unique systems remain covered.
• The July 16, 2024 letter explains that civilian contractors and employees performing non-uniquely military tasks are subject to OSHA standards (for example, 29 CFR 1910.134 on oxygen-deficient atmospheres) when OSHA jurisdiction applies.

An agency may apply an alternate standard where necessary but must request and obtain the Secretary of Labor’s approval before implementing it. See Part 1960 and the discussion in the hexavalent chromium letter at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.

• The agency’s alternate-standard request must include the information listed in the Part 1960 procedures (e.g., justification, scope, and equivalence).
• The 2019 OSHA interpretation to DoD clarifies that paragraph 1960.17 allows alternate standards but requires prior approval by the Secretary of Labor.

The Secretary will provide consultative and technical services that aid any phase of developing and planning programs, and that help sponsor, conduct, or support safety and health training courses. See 1960.85(b).

• Services include program development support, technical advice on hazards and controls, and assistance organizing training.
• These services are intended to strengthen councils’ capabilities to meet their safety and health responsibilities.

Councils should explicitly describe the degree of both management participation and employee participation by each defined Federal field activity in their annual reports to the Secretary. See 1960.85(a).

• Reports should separate and quantify, as practical, management involvement (e.g., leadership actions, resource commitments) and employee involvement (e.g., membership, attendance, initiatives).
• The Secretary uses that detail to prepare the consolidated report for each agency head.

Yes — the Secretary must annually consolidate the participation information received from field councils and furnish that consolidated report to each agency head. See 1960.85(a).

• Consolidation helps agency heads see participation patterns across their field installations.
• Agencies can use the consolidated data to drive policy or resource changes to improve engagement.

Yes — the Secretary may provide consultative and technical assistance through councils to help identify and address hazards, and OSHA may consider industry standards as evidence of recognized hazards or feasible abatement measures when no OSHA standard exists. See 1960.85(b) and the OSHA letter about ANSI window cleaning at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0.

• If a hazard isn’t specifically covered by an OSHA standard, industry consensus standards (like ANSI/IWCA) can support hazard recognition or steps to abate the hazard.
• Councils can use Secretary-provided consultative services to evaluate and recommend controls even for conditions outside a specific OSHA standard.

The head of each agency is responsible for furnishing each employee a workplace free from recognized hazards that may cause death or serious harm, as required by Part 1960; OSHA’s interpretations reiterate that agency responsibility. See Part 1960 and the lockout/tagout interpretation noting agency obligations at https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03.

• This responsibility parallels the employer duty under the OSH Act and is implemented through agency OSH programs governed by Part 1960.
• Council support from the Secretary is intended to help agency leadership meet that obligation.

Yes — the Secretary is required to provide consultative and technical services that include sponsoring, conducting, or supporting safety and health training courses for Field Councils. See 1960.85(b).

• The Secretary’s role includes helping design, plan, and deliver training to improve field safety programs.
• Training support can be direct (OSHA-run) or indirect (technical assistance, materials, or coordination with agencies).

Yes — Secretary-provided consultative services and training can assist councils and agencies to develop reasonable procedures for employee reporting and other recordkeeping responsibilities under federal requirements, consistent with Part 1960 and related enforcement guidance. See 1960.85(b) and the recordkeeping enforcement procedures memorandum at https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10.

• The 2016 memorandum explains expected employer procedures for employee involvement and reporting (29 CFR 1904.35), and councils can help share best practices and training.
• Councils can use Secretary resources to help agencies implement procedures that meet federal recordkeeping and anti-retaliation expectations.

Yes — the Secretary’s consultative and technical services can aid councils and agencies in program development such as writing or tailoring Exposure Control Plans for multiple workplaces, consistent with Part 1960 support duties. See 1960.85(b) and the exposure control plans letter at https://www.osha.gov/laws-regs/standardinterpretations/2011-12-13.

• OSHA’s 2011 letter explains planning and documentation considerations for exposure control plans when an employer has multiple facilities; councils can use Secretary-provided services to implement those recommendations.
• The Secretary can help coordinate trainings, templates, and technical guidance so each facility’s plan reflects its workplace-specific exposures.