[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Notices]
[Pages 1646-1647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-264]



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Part IV





Department of Labor





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Office of the Secretary



The Department of Labor's Employee Occupational Safety and Health, 
Workers' Compensation, Drug Free Workplace, Employee Assistance, 
Voluntary Employee Health Services Fitness, and Drug Free Workplace 
Programs; Notice

  Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 1-2007]


 The Department of Labor's Employee Occupational Safety and 
Health, Workers' Compensation, Drug Free Workplace, Employee 
Assistance, Voluntary Employee Health Services Fitness, and Drug Free 
Workplace Programs

1. Purpose

    To reaffirm policies and assign responsibilities for internal 
programs that promote the safety, well-being and productivity of the 
Department's employees, while conserving its financial resources. This 
Order addresses implementation and management of the occupational 
employee safety, health, workers' compensation, and return-to-work 
efforts, voluntary employee health services, employee assistance, 
fitness, and Drug Free Workplace programs.

2. Authorities and Directives Affected

    A. Authorities. This Order is issued pursuant to section 19 of the 
Occupational Safety and Health Act of 1970 (Pub. L. 51-596); Executive 
Order 12196 (45 FR 12769), as amended by Executive Order 12223 (45 FR 
45235); 29 CFR Part 1960; 5 U.S.C. 7901, et seq.; Executive Order 12564 
(51 FR 32889); Mandatory Guidelines for Federal Workplace Drug Testing 
Programs, Alcohol, Drug Abuse, and Mental Health Administration, 
Department of Health and Human Services (April 11, 1988); the Federal 
Employee Substance Abuse Education and Treatment Act of 1986 (Pub. L. 
99-570); the Comprehensive Alcohol Abuse and Alcoholism Prevention, 
Treatment and Rehabilitation Act of 1970 (Pub. L. 93-282), and as 
amended by Pub. L. 96-180; the Drug Abuse Prevention, Treatment, and 
Rehabilitation Act of 1979 (Pub L. 96-181); the Privacy Act of 1974 (5 
U.S.C. 552a), as amended; Health Insurance and Portability and 
Accountability Act of 1996 (``HIPAA'') (Pub. L. 104-191); Executive 
Order 10450 (18 FR 2489); Section 503 of the Supplemental 
Appropriations Act of 1987 (Pub. L. 100-71) (5 U.S.C. 7301 note); 
Mandatory Guidelines for Federal Workplace Drug Testing Programs, 
Substance Abuse and Mental Health Services Administration, Department 
of Health and Human Services (HHS) guidelines, as amended (53 FR 
11970), April 11, 1988, and as revised in 1994; the Civil Service 
Reform Act of 1978 (5 U.S.C. 2301); the Department of Labor Drug-Free 
Workplace Plan, July 2004.
    B. Directives Affected. This order supersedes and cancels 
Secretary's Order 5-95.

3. Background

    Various public laws and federal regulations require Federal 
agencies to establish and operate comprehensive occupational safety and 
health, workers' compensation, employee assistance, and drug-free 
workplace programs. Other public laws and federal regulations authorize 
Federal agencies to establish and operate voluntary employee health 
services and fitness programs. Accordingly, this Order prescribes the 
policies and procedures to which DOL managers and employees are 
expected to adhere and assigns responsibility for their development and 
implementation.

4. Scope

    This Order is applicable to all DOL employees, work activities, 
facilities, motor vehicles, and equipment.[k3]

5. Policy

    It is the policy of the Department of Labor:
     To provide its employees places and conditions of 
employment that are free from recognized hazards that are likely to 
cause death or serious physical harm;
     To comply with applicable federal occupational safety and 
health standards, requirements, and procedures;
     To ensure prompt abatement of unsafe or unhealthful 
working conditions;
     To ensure that no employee is subject to restraint, 
interference, coercion, discrimination, or reprisal for filing reports 
of unsafe or unhealthful working conditions or otherwise appropriately 
participating in the Department's occupational safety and health 
program;
     To inspect, at least annually, all of its workplaces;
     To provide appropriate occupational safety and health-
related education for managers, supervisors, employees, and those 
persons assigned safety and occupational health responsibilities;
     To support employees in staying fit, healthy, drug-free 
and productive on the job;
     To assist them when workers' compensation services are 
sought; and
     To provide meaningful return-to-work opportunities for 
employees injured or made ill on the job.
    The Department's staff shall use their best and continuous efforts 
to maintain a safe and healthful work environment in accordance with 
best work practices and legislative requirements. All staff shall 
strive to eliminate hazards that might result in personal injuries, 
fires, security losses or damage to property by providing the necessary 
training, encouragement, resources and accountability. Occupational 
illness prevention shall be accomplished through appropriate industrial 
hygiene and occupational medical programs, including engineering 
controls, employee monitoring, health testing and education.

6. Responsibilities

    A. The Assistant Secretary for Administration and Management is the 
Designated Agency Safety and Health Official (DASHO) pursuant to 
section 1-201 (c) of Executive Order 12196, and is responsible for 
establishing, administering, managing, and conducting internal self-
evaluation of the Department's occupational safety and health program. 
In addition to safety and occupational health responsibilities as 
DASHO, the Assistant Secretary for Administration and Management is 
also responsible for establishing, administering, and managing the 
Department's programs relating to voluntary employee health services, 
fitness, employee assistance, drug-free workplace, workers' 
compensation, and return-to-work efforts. The Department of Labor 
Manual Series (DLMS) provides information on the conduct of some of 
these programs. In addition, the ASAM is responsible for:
    (1) Securing the services of professional staff qualified to 
provide technical support and management assistance to DOL agencies on 
occupational safety and health, workers' compensation, return-to-work, 
drug-free workplace, and employee assistance programs.
    (2) Providing voluntary health, wellness, and fitness programs for 
DOL employees, as appropriate.
    B. The Office of Worker Safety and Health established in the Office 
of the Assistant Secretary for Administration and Management is an 
integral part of the Department's internal safety management program. 
OWSH shall assist management in implementing and monitoring this order 
to accomplish its objectives and ensure that the programs under OWSH's 
purview function as directed. Performance will be continuously measured 
and periodically evaluated by OWSH to determine areas requiring 
improvement. In addition, the OWSH is responsible for providing 
guidance and advice to management,

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and employees regarding safety and health matters, developing hazard 
control designs, methods, procedures and programs, measuring and 
evaluating the effectiveness of hazard controls, compiling, analyzing 
and reporting performance data, and developing pertinent education and 
training information. Further, OWSH provides program direction to the 
Regional Administrators/OASAM and Regional safety and health managers. 
Finally, OWSH is responsible for centralized management of the 
Department's Workers' Compensation Program, from initiation of claims 
through claim management and return-to-work coordination.
    C. The Office of WorkLife and Benefits Programs (OWLBP) established 
in the Office of the Assistant Secretary for Administration and 
Management is responsible for providing programs to improve the health 
and well-being of employees.
    These programs include but are not limited to voluntary employee 
health services, including provision of health clinics where practical, 
provision of health and wellness guidance, provision of an employee 
assistance program, and drug free workplace program. The OWLBP provides 
policy and guidance for the Department in these program areas. The 
OWLBP shall assist management in implementing and monitoring this order 
to accomplish its objectives and ensure that the programs under the 
Office's purview function as directed.
    D. The DOL Agency Heads are responsible for:
    (1) Giving full management support to the Department's safety and 
occupational health, workers' compensation, return-to-work ,voluntary 
employee health services, fitness, employee assistance, and drug-free 
workplace programs, as provided in this Order.
    (2) Implementing and maintaining occupational safety and health 
programs in their national and field offices in accordance with 
Departmental policy, applicable statutory, regulatory, administrative, 
and contractual requirements.
    (3) Appointing and having trained a sufficient number of staff 
throughout their organizations to perform collateral or full-time 
support for the following programs: Occupational safety and health, 
workers' compensation coordination, return-to-work program drug-free 
workplace, voluntary employee health services, fitness, employee 
assistance, and to support safety and health committees; and to assist 
managers, supervisors, and employees in the implementation of their 
responsibilities outlined in this Order.
    (4) Providing leadership that supports attainment of the 
Department's safety, health and return-to-employment goals developed to 
reduce employee accidents, injuries, and illnesses, and contain 
workers' compensation costs.
    (5) Holding managers, supervisors and employees accountable for 
their adherence to established occupational safety and health, workers' 
compensation policies employee assistance, and drug free workplace, 
rules, regulations, and procedures.
    (6) Ensuring that agency managers, supervisors, and employees 
participate in educational and training experiences necessary to carry 
out their assigned duties in a safe and healthful manner.
    (7) Ensuring that employee representatives have the opportunity to 
participate in the DOL safety and occupational health program, 
including the opportunity to participate in educational and training 
experiences necessary to carry out their safety and occupational health 
responsibilities.
    E. Regional Administrators--OASAM (RA/OASAM) are responsible for 
securing the services of professional staff to provide leadership, 
guidance, training, coordination, oversight, evaluation, cost 
containment initiatives, and technical assistance services to agency 
officials, managers, supervisors, employees, employee representatives, 
and safety and health committee members.
    F. DOL Managers and Supervisors are responsible for:
    (1) Ensuring that employees adhere to Departmental occupational 
safety, health, drug-free workplace and workers' compensation rules, 
regulations and standards, and integrating safety and health 
considerations into the planning of every job or task.
    (2) Taking prompt action to have identified occupational safety and 
health hazards in their work environment abated, and providing 
instructions to employees on safe and proper work practices and 
procedures.
    (3) Promptly and accurately reporting all accidents, injuries and 
occupational illnesses occurring on official duty by employees or 
contractors under their supervision electronically through the Safety 
and Health Information Management System (SHIMS), and participating on 
Accident Review Boards (ARBs).
    (4) Conferring with the human resources office when the manager or 
supervisor believes that the employee's medical condition may be 
adversely affecting performance or conduct, to determine the manager's 
obligations under the Rehabilitation Act of 1973, including but not 
limited to, notifying the employee of the agency's Employee Assistance 
Program (EAP).
    (5) Taking necessary steps to ensure the integrity of the 
Department's Workers' Compensation program, particularly the 
continuation of pay and return-to-work elements.
    G. DOL employees are responsible for;
    (1) Maintaining a high degree of safety awareness;
    (2) Performing their duties in a safe manner and encouraging other 
employees to do likewise;
    (3) Wearing and/or using personal protective equipment when 
necessary;
    (4) Properly using tools and equipment provided;
    (5) Immediately reporting safety and health-related hazards, 
accidents/injuries/occupational illnesses, unsafe or unhealthful acts 
or workplace conditions to their supervisors or occupational safety and 
health personnel; and
    (6) Participating in appropriate occupational safety and health 
education and training.
    H. Safety and Health Committees will be formed under the auspices 
of OWSH and in keeping with negotiated labor/management contracts, 
forming communication links between employees and the various levels of 
management, advising management on occupational safety and occupational 
health issues, and assisting with implementing occupational safety and 
occupational health awareness activities.
    I. The Solicitor is responsible for providing legal advice and 
assistance to all Department of Labor officials relating to the 
implementation and administration of all aspects of this Order.

7. Effective Date

    This Order is effective immediately.

    Dated: January 5, 2007.
Elaine L. Chao,
Secretary of Labor.
 [FR Doc. E7-264 Filed 1-11-07; 8:45 am]
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