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OSHA 1960.9

Supervisory safety responsibilities

Subpart B

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.9, what are supervisors required to provide for employees and the workplace?

Under 1960.9, supervisors must furnish employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm. See the plain requirement in 1960.9 Supervisory responsibilities.

  • Supervisors must work within their authority to identify and remove or reduce recognized hazards.
  • They also must follow the occupational safety and health standards and agency rules that apply to their workplace.

Cited: 1960.9 Supervisory responsibilities.

Under 1960.9, what does the phrase "to the extent of their authority" mean for a supervisor's duties?

Under 1960.9, supervisors must act to make the workplace safe to the degree their job gives them authority to do so; if they lack the authority to fully abate a hazard they must still take all reasonable steps they can and notify higher authority to get the hazard addressed. See 1960.9 Supervisory responsibilities.

  • If a supervisor can directly remove or control a hazard (for example, stop work, correct a procedure, or require PPE), they must do so.
  • If abatement requires higher-level action (capital funds, engineering changes), the supervisor must document and escalate the hazard so the agency can meet its obligations under the federal-agency program.

Cited: 1960.9 Supervisory responsibilities and the Lockout/Tagout interpretation noting agencies still must minimize hazards even when specific standards do not apply, https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03.

Under 1960.9, must supervisors comply with agency safety rules and orders in addition to OSHA standards?

Under 1960.9, supervisors must comply with both the occupational safety and health standards applicable to their agency and with any rules, regulations, and orders issued by the head of the agency regarding the agency's safety program. See 1960.9 Supervisory responsibilities.

  • Agency-specific procedures and orders are part of the supervisor's duty; complying with them helps meet the agency's overall obligation under 29 CFR Part 1960.

Cited: 1960.9 Supervisory responsibilities.

Under 1960.9, are supervisors responsible for ensuring employees are trained as required by OSHA standards (for example, asbestos awareness or hearing conservation)?

Under 1960.9, supervisors are responsible for ensuring employees receive the training required by applicable OSHA standards and agency programs. See 1960.9 Supervisory responsibilities.

  • For asbestos-related custodial work, supervisors must ensure affected employees receive the asbestos awareness training required by 29 CFR 1910.1001, as explained in OSHA's asbestos training interpretation, https://www.osha.gov/laws-regs/standardinterpretations/2006-01-17-0.
  • For noise exposure, supervisors must ensure hearing conservation requirements (including training) are implemented where the standard applies, as discussed in the hearing conservation guidance, https://www.osha.gov/laws-regs/standardinterpretations/2013-03-11-0.

Cited: 1960.9 Supervisory responsibilities and relevant Letters of Interpretation above.

Under 1960.9, what must a supervisor do if a recognized hazard isn't covered by a specific OSHA standard?

Under 1960.9, a supervisor must still act to eliminate or minimize recognized hazards even when there is no specific OSHA standard, using agency rules, recognized good practices, or national consensus standards as appropriate. See 1960.9 Supervisory responsibilities.

  • OSHA will use other sources (for example, ANSI or industry standards) as evidence of recognized hazards or feasible abatement when no OSHA standard exists — see the ANSI/window-cleaning interpretation explaining use of ANSI as supporting evidence, https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0.
  • The agency-level equivalent citation for a federal employer is under 29 CFR Part 1960 (for example, 1960.8), not Section 5(a)(1) of the OSH Act for private employers; see the same ANSI letter for that distinction.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0.

Under 1960.9, are supervisors responsible for employees of contractors working on federal agency sites?

Under 1960.9, supervisors must ensure contractors working for the agency do not create recognized hazards for federal employees and that applicable OSHA standards are followed where OSHA covers the work; supervisors should coordinate with contracting officers and contractor supervisors to manage safety. See 1960.9 Supervisory responsibilities.

  • OSHA retains jurisdiction over civilian contractor employees performing work for federal agencies when the work is not uniquely military, as explained in the Oxygen-deficient HVAC interpretation, https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.
  • Supervisors should confirm contractors meet required training, PPE, and program elements and escalate issues if contractors' work creates hazards for agency employees.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

Under 1960.9, what should supervisors do about hazards involving special equipment or systems that are unique to the military?

Under 1960.9, supervisors must protect employees from recognized hazards to the extent their authority and applicable agency program require, but OSHA coverage does not extend to uniquely military personnel, equipment, and operations; supervisors should follow agency-specific safety rules for uniquely military systems. See 1960.9 Supervisory responsibilities.

  • The Oxygen-deficient HVAC letter explains that Executive Order 12196 and Part 1960 mean military personnel and uniquely military systems are excluded from OSHA coverage, though civilian employees and contractors on non-unique systems are covered, https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.
  • Supervisors should coordinate with agency occupational safety officials to apply the correct rules for uniquely military versus civilian-covered operations.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

Under 1960.9, does a supervisor have to ensure that medical protections (for example, hepatitis B vaccination) are provided when required by the Bloodborne Pathogens standard?

Under 1960.9, supervisors must ensure agency employees who meet the exposure criteria receive required protections, including vaccinations required by the Bloodborne Pathogens standard, subject to applicable agency policies and any limited enforcement exceptions. See 1960.9 Supervisory responsibilities.

  • OSHA's HBV interpretation explains that employees with occupational exposure must be offered the hepatitis B vaccine prior to exposure under 29 CFR 1910.1030, although limited enforcement policy may allow narrow exceptions for collateral first-aid duties under specified conditions, https://www.osha.gov/laws-regs/standardinterpretations/2000-11-01.
  • Supervisors should confirm employees with occupational exposures are identified and that vaccinations and other required measures are provided according to the agency's exposure control plan.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2000-11-01.

Under 1960.9, are supervisors required to ensure written exposure control plans exist for each facility where hazards like bloodborne pathogens are present?

Under 1960.9, supervisors must ensure their workplace implements the written programs required by applicable OSHA standards; for bloodborne pathogens, that means a written Exposure Control Plan for each facility where occupational exposures occur. See 1960.9 Supervisory responsibilities.

  • OSHA's interpretation on exposure control plans states employers with multiple facilities should have a written ECP for each workplace so employees can find the plan that applies to their specific worksite, https://www.osha.gov/laws-regs/standardinterpretations/2011-12-13.
  • Supervisors should make the facility's plan available, ensure it reflects local tasks and exposures, and train staff on its contents.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2011-12-13.

Under 1960.9, what should supervisors do if an HVAC design could create an oxygen-deficient atmosphere in occupied spaces?

Under 1960.9, supervisors must prevent recognized hazards, so if an HVAC design could expose employees to an oxygen-deficient atmosphere they must stop use or limit exposure and work with engineering to change the design or controls to protect occupants. See 1960.9 Supervisory responsibilities.

  • OSHA's HVAC/Oxygen-deficient interpretation explains that when civilian employees are covered, OSHA's respiratory protection and IDLH provisions apply and employers must treat oxygen-deficient atmospheres as immediately dangerous to life or health unless they can demonstrate safe conditions per 29 CFR 1910.134, https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.
  • Supervisors should coordinate with facility engineers, restrict access, provide appropriate respiratory protection or redesign systems to eliminate the hazard.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

Under 1960.9, what are a supervisor's responsibilities for recordkeeping and informing employees about injury reporting procedures?

Under 1960.9, supervisors must ensure their agency follows applicable recordkeeping and employee-involvement requirements and that employees know how to report work-related injuries and illnesses. See 1960.9 Supervisory responsibilities.

  • OSHA's recordkeeping enforcement procedures emphasize employers must establish a reasonable reporting procedure, inform employees about it, and not retaliate against employees who report injuries, as explained in the 2016 recordkeeping memorandum, https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10.
  • Supervisors should make the procedure visible, train staff, and report incidents per agency and OSHA requirements.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10.

Under 1960.9, can a supervisor rely on alternative sampling or monitoring methods (for example, an inhalable sampler for hexavalent chromium)?

Under 1960.9, supervisors must ensure monitoring meets the performance requirements of the applicable OSHA standard; supervisors may allow alternative validated methods if they meet the standard's accuracy and confidence requirements. See 1960.9 Supervisory responsibilities.

  • OSHA's hexavalent chromium interpretation confirms employers may use an inhalable sampling method if it meets the performance-based accuracy requirements in 29 CFR 1910.1026(d)(5), https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.
  • Supervisors should ensure any chosen method is validated, documented, and appropriate for compliance comparisons.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.

Under 1960.9, must supervisors follow the agency process for applying an alternate standard under 29 CFR 1960.17 before using a different technical standard?

Under 1960.9, supervisors must ensure their agency follows the formal process before applying any alternate standard, including getting required approvals under 29 CFR 1960.17. See 1960.9 Supervisory responsibilities.

  • The hexavalent chromium interpretation reminds agencies that 29 CFR 1960.17 allows alternate standards only with prior Secretary of Labor approval and with required supporting information, https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.
  • Supervisors should not implement alternate regulatory approaches without following the agency-level approval process.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.

Under 1960.9, are supervisors required to enforce the lockout/tagout standard when doing maintenance, and what about exceptions for cord-and-plug equipment?

Under 1960.9, supervisors must ensure maintenance work is done safely and that lockout/tagout requirements are followed when applicable, but the lockout/tagout standard contains a cord-and-plug exception when the cord is under the exclusive control of the employee performing the work. See 1960.9 Supervisory responsibilities.

  • OSHA's lockout/tagout interpretation clarifies the cord-and-plug exception means the full standard does not apply when unplugging and exclusive control of the plug protects against unexpected energization, https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03.
  • Even when an exception applies, the agency must still ensure the workplace is free of recognized hazards under Part 1960 (for example, using other procedures if hazards remain), as discussed in that same letter.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03.

Under 1960.9, how should supervisors address employee testing and medical surveillance requirements when testing equipment or audiometers change?

Under 1960.9, supervisors must ensure medical surveillance and testing protocols comply with the applicable OSHA standard and current accepted practices; changes in test equipment should be managed so medical comparisons remain valid. See 1960.9 Supervisory responsibilities.

  • OSHA's hearing conservation interpretation explains that insert earphones may be used interchangeably with supra-aural earphones for audiograms under current ANSI standards, and employers need not retest all employees when they switch, https://www.osha.gov/laws-regs/standardinterpretations/2013-03-11-0.
  • Supervisors should coordinate with occupational health providers to ensure baselines and follow-ups remain comparable and documented.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2013-03-11-0.

Under 1960.9, do supervisors need to ensure custodial employees who may encounter asbestos-containing material receive asbestos awareness training?

Under 1960.9, supervisors must ensure custodial employees who perform housekeeping in areas where asbestos-containing material (ACM) or presumed ACM is present receive asbestos awareness training as required by 29 CFR 1910.1001. See 1960.9 Supervisory responsibilities.

  • OSHA's asbestos interpretation explains the general industry asbestos standard requires annual awareness training for custodial workers in locations with ACM or PACM and details the course elements, https://www.osha.gov/laws-regs/standardinterpretations/2006-01-17-0.
  • Supervisors should identify where ACM or PACM exists, ensure annual training is provided, and verify custodial work practices prevent fiber release.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2006-01-17-0.

Under 1960.9, who can be cited if an accident happens because an agency failed to follow a recognized industry standard (like ANSI) even if there is no OSHA standard?

Under 1960.9, federal agencies are accountable for providing a safe workplace and can be cited under the agency-equivalent requirements (e.g., 29 CFR Part 1960) if they fail to address recognized hazards; industry standards such as ANSI can be used as evidence of hazard recognition or feasible abatement. See 1960.9 Supervisory responsibilities.

  • OSHA's letter about adopting ANSI window-cleaning guidance explains OSHA may use ANSI to support a citation or show an available abatement method when no OSHA standard exists; for federal agencies OSHA looks to Part 1960 equivalents such as 1960.8, https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0.
  • Supervisors should treat established industry consensus standards as potential best practices and raise deficiencies for corrective action.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0.

Under 1960.9, how should supervisors handle emergency response and decontamination responsibilities for hazardous substance incidents?

Under 1960.9, supervisors must ensure emergency response plans are in place and that responders and support staff are protected from recognized hazards during emergencies, including decontamination procedures when hazardous substances are involved. See 1960.9 Supervisory responsibilities.

  • OSHA's HAZWOPER interpretation explains employers must have emergency response plans covering anticipated emergencies and decontamination provisions under 29 CFR 1910.120(q), and supervisors should ensure responders are trained and equipped accordingly, https://www.osha.gov/laws-regs/standardinterpretations/2010-02-22.
  • Supervisors should confirm written ERPs, training, PPE, and decontamination areas are ready and used when needed.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2010-02-22.

Under 1960.9, may supervisors treat small collateral first-aid duties differently for medical protections such as HBV vaccination?

Under 1960.9, supervisors must ensure employees with occupational exposure receive required protections, but OSHA's enforcement policy provides a narrow exception for collateral first-aid duties under limited conditions; supervisors should follow the agency's program and the compliance guidance when applying that exception. See 1960.9 Supervisory responsibilities.

  • OSHA's HBV interpretation describes an enforcement policy that may not require offering the hepatitis B vaccination to employees whose only blood exposure would be as a collateral duty for workplace incidents, as long as specific conditions in the directive are met, https://www.osha.gov/laws-regs/standardinterpretations/2000-11-01.
  • Supervisors must document the collateral-duty situation and ensure all other BBP requirements are met for workers with potential exposure.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2000-11-01.

Under 1960.9, what is a supervisor's role when new technology or testing methods replace older methods used for compliance monitoring?

Under 1960.9, supervisors must ensure any new testing or monitoring methods meet the performance and comparability requirements of the applicable OSHA standard before relying on them for compliance decisions. See 1960.9 Supervisory responsibilities.

  • For example, OSHA accepted newer inhalable sampling methods for hexavalent chromium when those methods meet the accuracy and confidence requirements in 29 CFR 1910.1026(d)(5), as explained in the 2019 interpretation, https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.
  • Supervisors should require validation, documentation, and expert review before switching methods used for compliance determinations.

Cited: 1960.9 Supervisory responsibilities and https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.