[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Rules and Regulations]
[Pages 18993-18994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9278]



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DEPARTMENT OF LABOR
Occupational Safety and Health Administration

29 CFR Part 1960


Basic Program Elements for Federal Employee Occupational Safety 
and Health Programs; Recordkeeping Requirements

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

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SUMMARY: OSHA is amending the recordkeeping requirements of its basic 
program element for Federal employee occupational safety and health 
programs. The changes hereby being made in 29 CFR part 1960 reflect the 
reporting requirements for private sector employers set forth at 29 CFR 
1904.8.

EFFECTIVE DATE: This regulation is effective April 14, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. John E. Plummer, Director, Office 
of Federal Agency Programs, Room N3112, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, D.C., 20210 (202-219-9329).

SUPPLEMENTARY INFORMATION: This modification to the requirements for 
reporting of fatalities and catastrophes occurring in Federal agencies 
set forth at 29 CFR 1960.70 is undertaken to make the reporting of such 
occurrences involving employees of the Federal government the same as 
those in private industry. The Federal workers should enjoy the same 
level of protection afforded an employee in the private 
[[Page 18994]] sector. This change will ensure the reporting of these 
serious incidents in a timely manner and enable OSHA to respond more 
quickly and efficiently.
    This revision is procedural in character, therefore, this rule is 
not classified as a ``major rule'' under Executive Order 12291 because 
it is not likely to result in (1) an annual effect on the economy of 
$100 million or more; (2) a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; or (3) significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of the United States based enterprises to compete with 
foreign based enterprises in domestic or export markets. Accordingly, 
no regulatory impact analysis is required.
    This regulation changes the reporting requirements for fatalities 
and catastrophes in the Federal sector to reflect the requirements in 
the private sector. It does not add additional burden for the agencies. 
Therefore, it is not necessary to publish it for notice and comment 
pursuant to 5. U.S.C. 553(b).
    Under authority granted by the United States Code, Title 5, 
sections 553 and 7902; the Occupational Safety and Health Act, sections 
19 and 24; and Executive Order 12196, the Secretary of Labor is 
authorized to make these procedural revisions to 29 CFR part 1960.

    Authority: This document was prepared under the direction of Mr. 
Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety 
and Health, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210.

    Accordingly, pursuant to sections 19 and 24 of the Occupational 
Safety and Health Act of 1970 (84 Stat, 1609, 1614; 29 U.S.C. 668, 
673), 5 U.S.C. 553, Secretary of Labor's Order No. 1-90 (55 FR 9033), 
and Executive Order 12196, 29 CFR part 1960 is revised to make 
reporting requirements for fatalities and catastrophes in the Federal 
sector the same as those requirements in the private sector.

List of Subjects in 29 CFR Part 1960

    Government employees, Occupational safety and health, Reporting and 
recordkeeping requirements.

    Signed at Washington, DC, this 10th day of April 1995.
Joseph A. Dear,
Assistant Secretary.

    For the reason set forth in the preamble, part 1960 of chapter XVII 
of title 29 of the Code of Federal Regulations is amended to read as 
follows:

PART 1960--BASIC PROGRAM ELEMENTS FOR FEDERAL EMPLOYEE OCCUPATIONAL 
SAFETY AND HEALTH PROGRAMS

    1. The authority citation for part 1960 is revised to read as 
follows:

    Authority: Sections 19 and 24 of the Occupational Safety and 
Health Act of 1970 (84 Stat. 1609, 1614; 29 U.S.C. 668, 673), 5 
U.S.C. 553, Secretary of Labor's Order No. 1-90 (55 FR 9033), and 
Executive Order 12196.

    2. Part 1960 of 29 CFR is amended by revising Sec. 1960.70 to read 
as follows:


Sec. 1960.70  Reporting of serious accidents.

    (a) Within 8 hours after the death of any employee from a work-
related incident or the in-patient hospitalization of three or more 
employees as a result of a work-related incident, the Federal Agency 
head or his/her designee shall orally report the fatality/multiple 
hospitalization by telephone or in person to the Area Office of the 
Occupational Safety and Health Administration (OSHA), U.S. Department 
of Labor, that is nearest to the site of the incident, or by using the 
OSHA toll-free central telephone number.
    (b) This requirement applies to each such fatality or 
hospitalization of three or more employees which occurs within thirty 
(30) days of an incident.
    (c) Exception: If the Federal Agency Head or designee does not 
learn of a reportable incident at the time it occurs and the incident 
would otherwise be reportable under paragraphs (a) and (b) of this 
section, the Federal Agency Head or designee shall make the report 
within 8 hours of the time the incident is reported to any agent or 
employee of the employer.
    (d) Each report required by this section shall relate the following 
information: Establishment name; location of incident; time of the 
incident; number of fatalities or hospitalized employees; contact 
person; phone number; and a brief description of the incident.
    (e) Agencies shall provide the Office of Federal Agency Programs 
with a summary report of each fatal and catastrophic accident 
investigation. The summaries shall address the date/time of accident, 
agency/establishment name and location, and consequences, description 
of operation and the accident, causal factors, applicable standards and 
their effectiveness, and agency corrective/preventive actions.

[FR Doc. 95-9278 Filed 4-13-95; 8:45 am]
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