[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE FEDERAL GOVERNMENT AND OSHA

  Mr. FORD. Mr. President, the Occupational Safety and Health Act of 
1970 (29 United States Code 655-59) was intended to protect employees 
from personal injury and illness resulting from work situations. One 
section (29 United States Code 652(5)) exempts the Federal Government 
but makes it the responsibility of each Federal agency to establish and 
maintain an effective and comprehensive occupational and health program 
which is consistent with the national standards established by the 
Secretary of Labor.
  Pursuant to this provision in the act, an Executive order (E.O. 
12,196 1-102) directs the Secretary of Labor to consult with all agency 
heads in the legislative and judicial branches to assist them in 
developing a safety and health program consistent with the above 
standards.
  The Rules Committee, on June 18, 1993, directed the Architect of the 
Capitol to consult with the Secretary of Labor and develop a safety and 
health program, consistent with the national standards, for 
implementation in the Senate wing of the Capitol and Senate office 
buildings. The Architect has completed that task and has submitted a 
plan for compliance with OSHA to the Rules Committee.
  That action was taken without a new bureaucracy. Without fanfare. 
Without unnecessary cost, and without extra burden on Member offices.
  Mr. President, I simply want this body to know that this committee 
has been active in this area for some time.
  And, finally, Mr. President, we are complying with the same statute 
as the private sector.
  I ask unanimous consent that the correspondence on this subject be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                         U.S. Senate, Committee on


                                     Rules and Administration,

                                    Washington, DC, June 18, 1993.
     Hon. George White,
     Architect of the Capitol,
     Washington, DC.
       Dear George: The Occupational Safety and Health Act of 1970 
     (29 USC 655-59) was intended to protect employees from 
     personal injury and illness resulting from work situations. 
     One section (29 USC 652(5)) exempts the Federal government 
     but makes it ``the responsibility of each Federal agency to 
     establish and maintain an effective and comprehensive 
     occupational and health program which is consistent'' with 
     the national standards established by the Secretary of Labor.
       Pursuant to this provision in the Act, an Executive Order 
     (E.O. 12,196 1-102) directs the Secretary of Labor to consult 
     with all agency heads in the legislative and judicial 
     branches to assist them in developing a safety and health 
     program consistent with the above standards.
       Under these provisions, we are directing you to consult 
     with the Secretary of Labor and develop a safety and health 
     program, consistent with the national standards, for 
     implementation in the Senate wing of the Capitol and Senate 
     office buildings. Please keep this Committee apprised of your 
     progress on this project.
       The program, when fully developed, should be submitted to 
     the Committee on Rules and Administration for approval.
           Sincerely,
     Ted Stevens,
                                                   Ranking Member.
     Wendell H. Ford,
     Chairman.
                                  ____

                               Washington, DC, September 29, 1994.
     Hon. Wendell H. Ford,
     Chairman, Committee on Rules and Administration, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: In accordance with the directive in your 
     letter of June 30, 1993 to develop a safety and health 
     program for implementation in the Senate Office Buildings and 
     the Senate wing of the Capitol, we consulted with Mr. John 
     Plummer, Director of OSHA Federal Programs in the Office of 
     the Assistant Secretary for Occupational Safety and Health, 
     beginning on June 20, 1994. As represented by the letter of 
     September 7, from Assistant Secretary Joseph A. Dear, their 
     staff has provided assistance to our staff in preparing a 
     program specifically tailored for office occupancy.
       Attached is a draft of an Occupational Safety and Health 
     Program (OSHP) that establishes goals and responsibilities of 
     the various entities involved. The Architect of the Capitol 
     will serve as lead in this endeavor but it shall be the 
     responsibility of each office to implement and oversight the 
     Program for the members of their work force. The various 
     support agencies in the Legislative Branch will respond to 
     requests by each office to modify, correct, or improve the 
     work environment in each office, as required.
       The attached pamphlet titled ``Office Safety Program'' is 
     an integral part of the Program statement and serves to 
     identify specific hazards that relate to office occupancies. 
     Most of these are common sense items and will assist the 
     office manager in preventing accidents and improve safety in 
     the office environment.
       I shall of course, be happy to discuss the implementation 
     of this Program in further detail as you may deem desirable.
           Cordially.
                                            George M. White, FAIA,
     Architect of the Capitol.
                                  ____


   Occupational Safety and Health Program for Congressional Employees


                                Purpose

       The purpose of this Occupational Safety and Health Program 
     (OSHP) is to insure that Members, Officers and employees of 
     the House and Senate, employees of the Office of the 
     Architect of the Capitol and legislative support offices in 
     the Capitol Complex, and the visiting public are provided 
     with a safe environment in which to work or visit that is 
     free from recognized hazards that may cause serious physical 
     harm.
       The physical features of the Legislative group of buildings 
     and facilities that affect safety of occupants are the 
     responsibility of the Architect of the Capitol (AOC). The 
     Director of Engineering (AOC) has the day to day 
     responsibility for supervising the Fire Protection 
     Engineering and the Safety Engineering Divisions in carrying 
     out the fire protection and safety programs. The Director of 
     Engineering serves as the Designated Agency Safety and Health 
     Officer (DASHO) for the Architect of the Capitol. The 
     Director of Engineering provides the Architect of the Capitol 
     with recommendations relative to meeting or exceeding typical 
     occupational safety and health requirements. Recommendations 
     are drawn from nationally recognized sources such as the 
     Occupational Safety and Health Administration; the 
     Environmental Protection Agency; the National Fire Protection 
     Association's standards; consensus model building, mechanical 
     electrical, plumbing and fire prevention codes; and from 
     other available occupational safety and health rules, 
     regulations, and standards.


                               Direction

       The goals of the OSHP are to effectively and 
     comprehensively:
       1. Reduce potential exposure to unsafe acts and unsafe 
     conditions.
       2. Reduce the numbers and severity of Lost-Time and No-
     Lost-Time occupational illnesses and injuries.
       3. Conduct routine, periodic inspections with multi-level 
     administrative reviews.
       4. Assure prompt abatement of identified hazards.
       5. Assure that workers should not fear reprisal for the 
     reporting of unsafe acts or conditions in the workplace.
       6. Provide related training.
       7. Minimize the disruption of on-going activities within 
     the Capitol Complex.
       The top priority of this program is to reduce or eliminate 
     life-threatening situations. The basic tenets of the OSHP are 
     built into the design, renovation and construction of all 
     physical assets, are considered in all operations and 
     processes, and are utilized at all other points of 
     intervention were unsafe acts and unsafe conditions increase 
     the potential for unacceptable risk. Wherever and whenever 
     possible, personnel are provided with the proper tools, 
     equipment and training in order to accomplish their 
     organizational goals and objectives without undue risk. 
     Safety shall take precedence over expediency and short cuts 
     at all times.


                            responsibilities

       It shall be the responsibility of the Architect of the 
     Capitol, through the Director of Engineering (the DASHO) and 
     the Fire Protection Engineering and Safety Engineering 
     Divisions, to research, develop, and publish safety standards 
     and guidelines, and monitor compliance with the OSHP.
       It shall be the responsibility of Members, Officers of the 
     Congress, Building Superintendent Supervising Engineers and 
     other personnel of similar responsibility to provide overall 
     guidance and direction to their work forces. Each office 
     should delegate oversight responsibility to a specific 
     individual to maintain awareness on matters relating to 
     health and safety.
       It shall be the responsibility of the first-line 
     supervisors to implement the OSHP for the members of their 
     work force. It is also the responsibility of the first-line 
     supervisors to provide feedback concerning the OSHP to the 
     administrators having jurisdiction.
       It shall be the responsibility of each worker to follow the 
     OSHP, to be aware of unsafe acts and unsafe conditions, to 
     report same to their first-line supervisor, and to be 
     responsible for their own actions and conduct.


                         programmatic elements

       The following details the elements of the program that are 
     currently in effect:
       1. An on-going ``spot'' inspection program of high hazard 
     work areas.
       2. Posting of occupational injury and illness data on the 
     OSHA 200 Log in order to meet the intent of regulations and 
     serve as basis for statistical analysis.
       3. Accident investigations based upon accident severity and 
     operational impact.
       4. An on-going inspection program of all construction being 
     done by either in-house or contractor personnel.
       5. A Hazardous Waste disposal program.
       6. An on-going program for the monitoring of asbestos 
     abatement activities, including the proper disposal of the 
     waste by-products, the operation of a laboratory for 
     analyzing samples, and the monitoring of asbestos in good 
     physical condition that is prioritized to be left-in place.
       7. The installation of state-of-the-art fire detection and 
     alarm systems and fire sprinkler systems.
       8. The training of new U.S. Capitol Police officers in 
     their operational responsibilities during fire and medical 
     emergencies, in the fire department's basic operational 
     procedures, in basic first-aid fire fighting techniques, in 
     basic building fire protection concepts and in building 
     emergency evacuation techniques.
       9. The operation of a Medical Surveillance Program for 
     those workers in high hazard occupations.
       10. The publishing of a monthly safety newsletter.
       11. A program of maintaining the job proficiency of safety 
     personnel through the use of current and topical trade 
     periodicals.
       12. An Indoor Air Quality program.
       13. A Lead in Drinking Water control program.
       The attached pamphlet provides guidance in how to improve 
     safety in the office environment.
                                  ____

         U.S. Department of Labor, Assistant Secretary for 
           Occupational Safety and Health, Washington, DC,
                                                September 7, 1994.
     Hon. George M. White,
     Architect of the Capitol, U.S. Capitol Building, Washington, 
         DC.
       Dear Mr. White: At your request, staff from the Office of 
     Federal Agency Programs in the Occupational Safety and Health 
     Administration (OSHA) have met frequently with your staff 
     over the past months. The purpose of these meetings was to 
     provide guidance and assistance in the development of the 
     occupational safety and health program you are implementing 
     in the Senate wing of the Capitol and Senate office 
     buildings.
       The following assistance was provided:
       1. Training on safety and health hazards in the office was 
     given by a Federal Agency Program staff member to the head 
     and two staff members of your Safety Division.
       2. Information on sources of training was given to the head 
     of the Safety Division. This information included the OSHA 
     Training Institute schedule as well as information from the 
     National Safety Council and the American Society of Safety 
     Engineers.
       3. An annotated safety and health program was provided to 
     the head of the Safety Division. Annotations were made to 
     indicate those facets of the model safety and health program 
     which should be implemented first. (The other facets of the 
     model program should, of course, also be implemented.)
       4. OSHA also provided a ``baseline questionnaire,'' an 
     instrument to use as a self-assessment of the state of 
     development of your occupational safety and health program. 
     This was given to J. Raymond Carroll, your Director of 
     Engineering.
       5. The option of a walk-through of the offices of the 
     Senate wing of the Capitol and the Senate office buildings 
     was given to the head of the Safety Division. It was decided 
     that a walk-through would not be done at this time.
       We are pleased that we were able to respond to your 
     request.
           Sincerely,
                                                   Joseph A. Dear,
     Assistant Secretary.

                          ____________________