[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24505-24510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11126]
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DEPARTMENT OF LABOR
Secretary's Order 03-2018--Delegation of Authorities and
Assignment of Responsibilities to the Assistant Secretary for
Administration and Management
1. Purpose. To consolidate the delegations of authority and
assignments of responsibility to the Assistant Secretary for
Administration and Management (ASAM) and to codify other existing
delegations not otherwise the subject of a Secretary's Order.
2. Directives Affected.
A. This Order repeals and supersedes Secretary's Order 03-2017
(Delegation and Assignment of Responsibilities to the Assistant
Secretary for Administration and Management).
B. The following Secretary's Order is referenced herein and remains
in effect: 2-2009 (Delegation of Authority and Assignment of
Responsibility to the Chief Acquisition Officer and Assistant Secretary
for Administration and Management, and Related Matters).
C. This Order does not affect the authorities and responsibilities
assigned by any other Secretary's Order, including without limitation
9-1989 (Data Integrity Board), 5-2001 (MRB), 1-2006 (Emergency
Management) and 6-2006 (Regional Executive Committees), unless
otherwise expressly so provided in this or another Order.
3. Authority. This Order is issued pursuant to various authorities
detailed by subject area below:
A. Budget. The Budget Enforcement Act of 1990, as amended; the
Congressional Budget Act of 1994; the Balanced Budget and Emergency
Deficit Control Act of 1985; 31 U.S.C. Chapter 11; Office of Management
and Budget Circular No. A-11, ``Preparation, Submission, and Execution
of the Budget.''
B. Performance Management. The Government Performance and Results
Act of 1993, as amended, Public Law 103-62; The Reports Consolidation
Act of 2000 (Pub. L. 106-531); The Federal Information Security
Modernization Act (FISMA) of 2014, 44 U.S.C. 3551 et seq.; OMB Circular
No. A-11, Part 6, ``Preparation and Submission of Strategic Plans,
Annual Performance Plans, and Annual Program Performance Reports.''
C. Employee Safety and Occupational Health and Workers'
Compensation Program. Section 19 of the Occupational Safety and Health
Act of 1970; Federal Employees' Compensation Act; Executive Order
12196, as amended by Executive Order 12223; 20 CFR 10; 29 CFR, Part
1960; 5 U.S.C. 7901, et. seq.
D. Operation and Maintenance of Departmental Buildings. Section 2
of Reorganization Plan No. 18 of 1950, 5 U.S.C. 901; the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. 581; ``the
Brooks Act'', 40 U.S.C. 1101 et seq.; Public Building Act of 1959, as
amended, 40 U.S.C. 601-611; 40 U.S.C. 3305; The Uniform Relocation and
Real Property Acquisition Policies Act of 1970 as amended, 46 U.S.C.
4601 et seq.; Public Buildings Cooperative Use Act of 1976, Public Law
94-541; Rural Development Act of 1972, Public Law 92-419, as amended by
Section 636 of Division F of Public Law 108-199; Surface Transportation
and Uniform Relocation Assistance Act of 1987 (101 Stat. 132); Energy
Independence and Security Act of 2007, Public Law 110-140; Executive
Orders 12072, 12411, 13006, and 13327; Federal Property Management
Regulations, 41 CFR Chapter 101; Federal Management Regulations, 41 CFR
102.
[[Page 24506]]
E. Accessibility within Department of Labor Buildings and
Facilities. Architectural Barriers Act of 1968, as amended, 42 U.S.C.
4151 et. seq.; and Section 502 of the Rehabilitation Act of 1973, 29
U.S.C. 792, as amended.
F. Telecommunications. Section 201 of the Federal Property and
Administrative Services Act of 1949, codified at 40 U.S.C. 501.
G. Records Management. Presidential and Federal Records Act
Amendments of 2014, Public Law 113-187; Reorganization Plan Number 6
(1950); the National Archives and Records Administration (NARA),
Records Management Regulations, 36 CFR parts 1220 to 1238; 41 CFR part
102-193, General Services Administration (Creation, Maintenance and Use
of Records); and the Guidance Memorandum, dated March 19, 2002, issued
jointly by the Information on Security Oversight Office, National
Archives and Records Administration and the Office of Information and
Policy, U.S. Department of Justice, on ``Safeguarding Information
Regarding Weapons of Mass Destruction and Other Sensitive Records
Related to Homeland Security.''
H. Printing. Title 44 of the United States Code, Public Printing
and Documents; Joint Committee on Printing, S. Pub. 101-9, ``Government
Printing and Binding Regulations'' (February 1990); and Federal
Acquisition Regulation (FAR), Subpart 8.8, ``Acquisition of Printing
and Related Supplies''; OMB Memorandum M-02-07, ``Procurement of
Printing and Duplicating through the Government Printing Office,''
dated May 3, 2002; Compact between the Office of Management and Budget
and the U.S. Government Printing Office (September 16, 2008);
Government Printing Office Style Manual, United States Government
Printing Office, Washington, DC, Revised Edition, 2000; 41 CFR 101-5.1
Centralized Services in Federal Buildings or Complexes; United States
Government Printing Office, Publication 310.1, GPO Contract Terms
Quality Assurance Through Attributes Program (QATAP) dated May 1979
(Revised August 2002); GPO Agency Procedural Handbook, United States
Government Printing Office, Publication 305.1, Revised August 1998; The
Guidelines: Best Practices for Submitting Electronic Design and
Prepress Files, United States Government Printing Office, Publication
300.6, dated August 1997, Rev. 07/04; Guide to Federal Publishing,
Interagency Council on Printing and Publication Services and Federal
Publishers Committee, 2d edition.
I. Environmental Stewardship. Resource Conservation and Recovery
Act; Energy Policy Act of 1992; Energy Policy Act of 2005, sec. 701, as
amended; Executive Order 12843; Executive Order 13101, Executive Order
13693; and Office of Federal Procurement Policy, Policy Letter No. 92-
4, dated November 2, 1992.
J. Voluntary Health and Wellness Programs and Drug Free Workplace
Program.
1. Voluntary Health and Wellness Programs:
a. Employee Assistance Program (EAP). Public Law 79-658, 5 U.S.C.
7901, Health Services Programs; Public Law 99-570, Title VI, The
Federal Employee Substance Abuse Education and Treatment Act of 1986, 5
U.S.C. 7361 and 7362; Drug Abuse Office and Treatment Act of 1972 as
amended by Public Law 93-282 and Public Law 96-181; the Federal
Employee Substance Abuse Education and Treatment Act of 1986, 5 U.S.C.
7361 et. seq., codified at 5 U.S.C. 7904; 42 CFR part 2,
Confidentiality of Alcohol and Drug Abuse Patient Records; Health
Insurance Portability and Accountability Act of 1996 (``HIPAA'');
Executive Order 12564 ``Drug-free Federal Workplace Program''; Civil
Service Reform Act of 1978, Public Law 95-454; Section 503 of the
Supplemental Appropriations Act of 1987, Public Law 100-71, 101 Stat.
391, 468-471, codified at 5 U.S.C. 7301 note (1987); Mandatory
Guidelines for Federal Workplace Drug Testing Programs, Substance Abuse
and Mental Health Services Administration, Department of Health and
Human Services, as amended (October 1, 2010); 29 CFR 1910.1020, Access
to Employee Exposure and Medical Records; 5 CFR part 792.
b. Physical Fitness Programs. Public Law 79-658, 5 U.S.C. 7901,
Health Services Programs.
c. Voluntary Employee Health Service Program (VEHSP). Public Law
79-658, 5 U.S.C. 7901, Health Services Programs; Health Insurance
Portability and Accountability Act of 1996 (``HIPAA''), Public Law 104-
191, 42 U.S.C. 1320d et. seq. (``HIPAA''); 5 U.S.C. 552a et. seq.; 5
CFR 293.501 et. seq., Employee Medical File System Records; 5 CFR part
297, Privacy Procedures for Personnel Records.
2. Drug-Free Workplace Program. Privacy Act of 1974, as amended, 5
U.S.C. 552a et. seq.; Section 503 of the Supplemental Appropriations
Act of 1987, Public Law 100-71, codified at 5 U.S.C. 7301 note (1987);
Executive Order 10450, ``Security Requirements for Government
Employment''; Executive Order 12564, ``Drug-Free Federal Workplace
Program''; Mandatory Guidelines for Federal Workplace Drug Testing
Programs, Substance Abuse and Mental Health Services Administration,
Department of Health and Human Services, as amended (November 1, 2004);
The Department of Labor Drug-Free Workplace Plan, revised July 2004.
K. Commercial Services Management (formerly Competitive Sourcing).
Federal Activities Inventory Reform Act of 1988 (the ``FAIR Act''), 31
U.S.C. 501 Note; the Federal Acquisition Regulation (FAR); and OMB
Circular A-76, Performance of Commercial Activities, as amended,
including by February 11, 2005 Memorandum to Heads of Executive
Departments and Agencies from Deputy Director for Management, Office of
Management and Budget, Clay Johnson, III.
L. Metric System Conversion. Public Law 94-168, ``The Metric
Conversion Act of 1975'', 15 U.S.C. 205a et. seq.; Public Law 100-418,
5164, ``The Omnibus Trade and Competitiveness Act of 1988''; Public Law
104-258, ``The Savings in Construction Act of 1996,'' Public Law 104-
289.; and 15 CFR 273.1 et seq., ``Metric Conversion Policy for Federal
Agencies.''
M. Child Care Programs for Department Employees. 40 U.S.C. 590;
Public Law 107-67, 630, codified at 40 U.S.C. 590(g); 5 CFR 792.201-
792.206; ``GSA Child Care Director's Desk Guide''; GSA ``Facility
Management Child Care Resource Book''; Agreement Between Local 12,
AFGE, AFL-CIO and the U.S. Department of Labor, effective August 29,
2013, Articles 8 and 9.
4. Background. This Order repeals and supersedes Secretary's Order
05-2009 and shall constitute the primary Secretary's Order for the
Office of the Assistant Secretary for Administration and Management
(``OASAM''). However, because of the central role that OASAM performs
within the Department, other Secretary's Orders also have delegations
to the ASAM.
5. Statements of Policy
A. Budget. It is the policy of the Department to comply fully with
all laws and policy directives issued by the Office of Management and
Budget in development of the annual President's budget proposal and the
execution of appropriated and non-appropriated budgetary resources.
B. Performance Management. It is the policy of the Department to
follow statutory performance management requirements and directives
issued by the Office of Management and Budget and to utilize
performance management
[[Page 24507]]
tools to efficiently and effectively manage the Department's programs.
C. Employee Safety and Occupational Health and Workers'
Compensation Program. It is the policy of the Department to provide its
employees with 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 safety and health standards,
requirements, and procedures; to assure prompt abatement of unsafe or
unhealthful working conditions; to ensure that no employee is subject
to restraint, interference, coercion, discrimination, or reprisal for
filing a report of unsafe or unhealthful working conditions; to
annually inspect all of its workplaces; to provide safety and
occupational health-related education for all employees; to provide
specialized training for those who are assigned safety and occupational
health responsibilities; and to assist employees when workers'
compensation services are sought.
D. Operation and Maintenance of Departmental Buildings. It is the
Department's policy to properly and efficiently maintain all buildings
owned by the Department or in which the Department is the primary
tenant--or has received delegated authority from the General Services
Administration (GSA) for operations and maintenance--and to take
reasonable care to allocate fair use of all facilities and services
including employee parking and general conference areas consistent with
the Department's mission.
E. Accessibility within Department of Labor Buildings and
Facilities. It is the policy of the Department to promote accessibility
of buildings and facilities to individuals with disabilities, and to
ensure that buildings and facilities controlled by the Department or
constructed, leased, or acquired with Federal financial assistance
fully comply with statutory and regulatory provisions relating to
compliance with architectural and programmatic accessibility standards.
F. Telecommunications. It is the policy of the Department to ensure
the efficient and economical procurement and utilization of
telecommunications services and facilities.
G. Records Management. It is the Department's policy to make and
preserve Federal records, regardless of physical form or media,
containing adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential transactions
of the Department and designed to furnish the information necessary to
protect the legal and financial rights of the Department and of persons
directly affected by Departmental activities. The Department will
properly identify recordkeeping requirements to effectively and
efficiently manage Federal records throughout their life cycle. All
Federal records shall be covered by National Archives and Records
Administration (NARA) approved records retention schedules, and
destroyed, retired, or transferred, only as prescribed in the approved
record retention schedules. The Department recognizes that: (1) Good
recordkeeping contributes to the smooth operation of agency programs by
making the information needed for decision making and operations
readily available; (2) provides information useful to successor
officials and staff for background and analysis, facilitating
transitions between Administrations; and (3) ensures accountability and
protects records from inappropriate and unauthorized access and
destruction.
H. Printing. It is the policy of the Department to plan, organize,
direct, and provide all printing, reproduction, and distribution
services for its agencies in an efficient and economical manner, in
compliance with all Federal statutes and regulations. Except for the
Departmental Library, which may contact the Superintendent of Documents
for purchase of publications that are produced by agencies other than
the Department, and which cannot be procured through the Division of
Printing and Supply Management (DPSM), only the Office of
Administrative Services (OAS) in the Business Operations Center, will
liaison with Joint Committee on Printing (JCP), Government Printing
Office (GPO), Superintendent of Documents, or Federal Prison
Industries, Inc., as it relates to matters of printing, unless
otherwise specifically authorized in writing by OAS.
I. Environmental Stewardship. The Department of Labor shall take
appropriate actions to incorporate waste prevention and recycling in
its daily operations and work to increase and expand markets for
recovered materials and environmentally preferable products through
greater preference and demand for such products.
J. Voluntary Health and Wellness Programs and Drug-Free Workplace
Program. It is the Department's policy to establish and support
voluntary health and wellness and drug-free workplace programs that
foster and enhance the health and productivity of its workforce; to
comply with applicable Federal health standards, requirements, and
procedures; and to support employees in staying fit, well, drug-free,
and productive on the job.
K. Commercial Services Management (formerly Competitive Sourcing).
It is the policy of the Department to support the spirit and intent of
commercial services management as delineated in Office of Management
and Budget Circular No. A-76 and to fully comply with all statutory and
programmatic requirements pertaining to competitive sourcing and the
Federal Activities Inventory Reform (FAIR) Act.
L. Metric System Conversion. It is the policy of the Department
that the metric system of measurement is the preferred system of
weights and measures for trade and commerce. Accordingly, to the extent
economically feasible and with minimum disruption of operations, all
agencies and organizations of the Department shall use the metric
system of measurement in all grants, procurements, regulations,
standards, and other business-related activities, except to the extent
that such use is impractical or is likely to cause significant
inefficiencies or loss of markets to United States firms. Consistent
with government-wide policy, the Department will also permit the
continued use of traditional systems of weights and measures in non-
business activities.
M. Child Care Programs for Department Employees. It is the policy
of the Department to maintain a child care facility consistent with
legal requirements and directives. It is the Department's policy to
foster a quality workplace for all employees by providing child care
subsidies to lower income families of Department employees to assist
them in their efforts to obtain quality, licensed day care for
dependent children through the age of 13 and disabled children through
the age of 18.
6. Delegation of Authority and Assignment of Responsibility to the
Assistant Secretary for Administration and Management (the ``ASAM'').
The ASAM is hereby delegated authority and assigned responsibility,
except as hereinafter provided, for carrying out the policies,
programs, and activities of the Department of Labor, including those
functions to be performed by the Secretary of Labor, as set forth
below:
A. Budget
1. Issuing policy guidance and instructions to prepare the
Department's performance budgets for internal decision-making, for OMB,
and for the Congress.
2. Reviewing and analyzing agency budget requests to the
Department.
3. Reviewing, analyzing, consolidating and packaging all
[[Page 24508]]
Departmental budget submissions to the OMB and Congress to ensure
technical accuracy and conformance with established policy.
4. Coordinating all information developed in support of budget
requests to OMB and to Congress.
5. Providing staff support in preparing lead Departmental
representations for press briefings and Congressional hearings on the
Department's budget.
6. Assisting the Office of Congressional and Intergovernmental
Affairs in coordinating the preparation of briefing materials for the
Secretary and Agency heads.
7. Issuing policy guidance and instructions on the preparation of
apportionments.
8. Formulates an annual operating plan and agency allocations for a
Working Capital Fund that:
a. Ensures customer agencies access to meaningful information on
the full costs of those centralized services, conditions for usage, and
the cost allocation formulas employed in the lawful distribution of
annual charges against the respective agency appropriation accounts;
and
b. Ensures, through the creation and regular convening of a Working
Capital Fund Committee, the opportunities for meaningful and informed
customer agency participation or representation in reviewing WCF
activities, costs, and charges, and in recommending changes or
improvements to the ASAM.
c. Is operated on the basis of agency reimbursement agreements
between customers and service providers and timely cost assessments and
related adjustments for services provided or offered.
B. Performance Management
1. Overseeing the preparation of the Department's strategic plans,
performance plans, and performance reports consistent with statutory
and OMB requirements and directions.
2. Directing the preparation of responses to OIG reports regarding
top management challenges.
3. Soliciting, procuring, and overseeing studies by independent
entities evaluating the impact and effectiveness of Departmental
programs.
C. Employee Safety and Health and Workers' Compensation Program
1. Serving as the Designated Agency Safety and Health Official
(DASHO) pursuant to section 1-201(c) of Executive Order 12196, and, as
such, directing the establishment, administration, and management of
the Department's programs regarding safety and occupational health and
workers' compensation consistent with applicable law.
2. Ensuring appropriate policy development, planning,
implementation, coordination, and evaluation of the Department-wide
safety, occupational health and workers' compensation program; securing
the services of full-time professional staff qualified to provide
technical assistance and training in the areas of safety (including
ergonomics), industrial hygiene, and workers' compensation, and return-
to-work services.
3. Ensuring that the Department's Office of Worker Safety and
Health provides operational safety and occupational health services to
agencies within the Department that do not perform these functions
internally.
D. Operation and Maintenance of Departmental Buildings
1. Serving as the Department's Senior Real Property Officer (SRPO)
and, as such, developing policy and implementing an asset management
planning process that meets the form, content, and other requirements
established by the Federal Real Property Council (FRPC).
2. As SRPO, monitoring the real property assets of the Department
so that Departmental assets are managed consistent with the goals and
objectives set forth in the Department's strategic plan prepared
pursuant to 5 U.S.C. 306, the principles developed by the FRPC, and
reflected in the Department's asset management plan, and such other
duties and responsibilities incumbent upon the SRPO.
3. Consistent with legal authorities, including agreements and
other arrangements with the General Services Administration and with
other applicable lease documents relating to buildings in which the
Department is the primary tenant, assuring the operation and
maintenance of the Frances Perkins Building and other Departmental
buildings in which the Department is the primary tenant--or has
received delegated authority from the General Services Administration
for operations and maintenance--including making arrangements for
appropriate cleaning, utilities, fire and life safety arrangements,
security arrangements, office space assignments, any parking areas
(including space assignments), mail service, duplication services,
building space alterations, and any abatement work as appropriate.
E. Accessibility Within Department of Labor Buildings and
Facilities
1. Developing policy and directives for the Department of Labor
regarding compliance with the accessibility requirements of the
Architectural Barriers Act of 1968 and any regulations promulgated
pursuant to that Act.
2. Monitoring, investigating, and enforcing the provisions of the
statute and regulations mentioned in Paragraph 5.E., above, with
respect to the accessibility of buildings and facilities constructed,
altered, or renovated by, on behalf of, or for the use of a recipient
of Federal financial assistance, except for those facilities referred
to in Paragraph 7.A., below relating to the Employment and Training
Administration.
3. Serving as the Department's Accessibility Compliance Officer.
F. Telecommunications. Consistent with legal authorities, directing
the acquisition and management of the Department's telecommunications
assets and services for both local and long-distance.
G. Records Management
1. In consultation with the Chief Information Officer (CIO) and the
National Archives and Records Administration (NARA), establishing,
administering, and managing the Department's Records Management
Program.
2. Periodically evaluating the Department's Records Management
Program to ensure that the Department's component agencies are in
compliance with relevant Federal records management laws, regulations,
and procedures related to the creation, maintenance and use, and
disposition of Federal records, and agency recordkeeping requirements.
Evaluations shall be scheduled to cover all agencies on a five-year
cycle on an on-going basis. Records management program evaluations
shall assess the effective implementation of the basic components of a
records management program, as prescribed by NARA regulations and
policies.
3. Assigning a Departmental Records Officer who will manage the
day-to-day administration and management of all matters related to the
Department's Records Management Program. The Departmental Records
Officer shall be responsible for all matters related to the
Department's Records Management Program and will coordinate with the
National Archives and Records Administration.
H. Printing
1. Overseeing the operation of a headquarters printing service and
determining the duplicating and printing for the Department and its
agencies, including making arrangements for scheduling and delivery to
meet Departmental needs and notifying agencies of changes in printing
operations.
2. Formulating policy and supervising operations relating to
Departmental printing, duplicating, copying,
[[Page 24509]]
centralized mailing, and distribution and related equipment programs in
the National Office and the regions.
3. Implementing and guiding enforcement within the Department of
all Government printing, binding, duplication, and related laws and
regulations.
4. Exclusively representing, directly or through a delegee, the
Department with the Joint Committee on Printing on all matters
pertaining to printing.
5. Exercising technical control over all copying, printing,
binding, publishing, and related or auxiliary equipment and serving as
the technical or final approving authority for all requests.
I. Environmental Stewardship
1. Serving as the Department's Environmental Executive and, as
such, providing management oversight of all Department environmental
programs, including ensuring compliance with relevant Executive Orders,
and coordinating such efforts with the Chief Acquisition Officer.
2. Establishing model facility demonstration programs that include
comprehensive waste reduction and recycling programs and emphasizing
the procurement of recycled materials and environmentally preferable
products and services.
3. Designating a Department of Labor Recycling Coordinator who
shall be responsible for: (a) Coordinating the development of an
effective agency waste reduction and recycling program, and the
affirmative procurement plan developed in accordance with OFPP
guidelines, (b) coordinating Departmental action to develop benefits,
costs, and savings data to measure the effectiveness of the DOL
program, and (c) coordinating the development of reports required by
Executive Order and OFPP policy.
J. Voluntary Health and Wellness Programs and Drug-Free Workplace
(DFW) Program. Establishing, administering, and managing the
Department's voluntary employee health and wellness, fitness, employee-
assistance, and DFW programs in accordance with all statutory,
regulatory, and administrative requirements.
K. Commercial Services Management (formerly Competitive Sourcing).
Fulfilling the Department's responsibilities under the Federal
Activities Inventory Reform Act of 1998 (the ``FAIR Act''), Federal
Acquisition Regulation (FAR), and Office of Management and Budget
Circular No. A-76, and such other responsibilities as are assigned to
the ASAM under Secretary's Order 2-2009 (Delegation of Authority and
Assignment of Responsibility to the Chief Acquisition Officer and
Assistant Secretary for Administration and Management, and Related
Matters). Such commercial services management activities shall be
coordinated with the Chief Acquisition Officer and Chief Human Capital
Officer, as appropriate.
L. Metric System Conversion. Serving as the Department's ``Metric
Executive'' and (a) provide management oversight of the Department's
continued use of the metric system of measurement consistent with
Departmental policy; (b) appointing a Departmental official whose
primary function shall be to coordinate and monitor agency metric
system efforts, and to advise the Metric Executive on status, as
appropriate; (c) representing the Department on the any interagency
bodies addressing issues related to metric policy; and (d) coordinating
compliance with all applicable laws and regulations.
M. Childcare Programs for Department Employees
1. Providing appropriate services to the child care providers
located in the FPB, the BLS building, and at any regional buildings
where child care services are provided within Departmental offices.
2. Establishing, administering, and managing the Department's child
care subsidy program in accordance with all statutory, regulatory, and
administrative requirements.
N. Miscellaneous Responsibilities
1. The ASAM will work in consultation and coordination with, as
appropriate, the other Departmental officials who have authority and
responsibility in the areas addressed by this order, including without
limitation, the Chief Acquisition Officer, the Chief Human Capital
Officer, the Chief Information Officer, and the Chief Financial
Officer.
2. The ASAM will perform any additional duties that are assigned to
the ASAM by applicable law or regulation.
7. Delegation of Authority and Assignment of Responsibility to
Other Agency Heads.
A. The Assistant Secretary for Employment and Training is delegated
authority and assigned responsibility, in accordance with the policies
and standards established by the ASAM, for monitoring, investigating,
and enforcing the laws referred to in paragraph 3.D., above, with
respect to buildings and facilities that are financed in whole or in
part by Employment and Training Administration (``ETA'') grants or
loans and that are subject to standards for design, construction or
alteration issued by ETA under the laws authorizing such grant or loan.
B. Agency Heads are delegated authority and assigned responsibility
for:
1. Budget
a. In accordance with established policies and guidelines,
developing agency budget proposals for the budget years for
consideration during the internal decision process and for the
Department's submission to OMB based on the Secretary's decisions.
b. Providing information in support of budget proposals, through
the ASAM or identified designee, for the OMB submission and Budget
Justifications for Congress.
c. Ensuring information provided in the agency budget is consistent
with the Department's strategic plan and performance requirements.
d. Meeting with OMB staff and testifying before Congress to expand
upon and answer questions pertaining to the Department's budget request
in support of their respective agency programs.
2. Performance Management. Assist the ASAM, and his or her
designees, as appropriate, in the preparation of the Department's
strategic plans, performance plans, and performance reports and
cooperate in all program evaluations;
3. Employee Safety and Occupational Health and Workers'
Compensation Program
a. Giving full management support to the Department's safety,
occupational health, and workers' compensation program as provided in
this Order and assuring that identified hazards are abated.
b. Operating occupational safety and occupational health programs
in their national and field offices in accordance with applicable
statutory, regulatory, administrative, and contractual requirements.
c. Appointing and arranging training for sufficient numbers of
staff members throughout their organizations to perform collateral or
full-time safety/occupational health duties and to serve on safety/
occupational health committees to assist managers, employees, and full-
time safety/health staff in the implementation of the responsibilities
outlined in this Order.
d. Providing documentation of attainment of the Department's annual
safety/health and workers' compensation program goals developed to
reduce employee accidents, injuries, and illnesses, and contain
workers' compensation costs.
e. Holding managers, supervisors, and employees accountable for
their adherence to established safety/health policies, rules,
regulations, and
[[Page 24510]]
procedures, especially their participation in agency Accident Review
Boards (ARBs) and safety and health training.
f. Providing employees appropriate personal protective and safety/
occupational health equipment.
g. Conducting analyses of Agency jobs and ensuring that all
workplaces are surveyed to identify and eliminate or minimize possible
ergonomic risk factors.
h. Acquiring, to the extent practicable, tools, equipment, and
computer accessory furniture that is adjustable and adaptable to those
using them.
i. Assuring that agency employees participate in educational and
training experiences necessary to carry out their assigned duties in a
safe and healthful manner.
j. Assuring, through partnership with appropriate unions, that
employee representatives have the opportunity to participate in
educational training experiences necessary to carry out their
responsibilities.
4. Accessibility within Department of Labor Buildings. Adhering to
the policies, standards, and directives established by the ASAM in
accordance with paragraph 6.D.(1), above relating to accessibility
within Department of Labor buildings and spaces occupied by agency
offices.
5. Records Management
a. Developing and implementing effective Records Management
Programs within their respective organizations that are consistent with
Departmental policy and directives.
b. Assigning an Agency Records Officer for the management and
execution of the Agency's Records Management Program.
c. Ensuring that the appropriate Agency staff receives adequate
records management training and participates in Departmental as well as
Agency training and awareness activities.
6. Printing. Assuring compliance with all Government Printing
Office regulations and directives and adhering to the policies,
standards, and directives established by the ASAM relating to printing
operations.
7. Environmental Stewardship
a. Promoting waste reduction and recycling of reusable materials
within their agencies;
b. Requiring consideration of the following factors in acquisition
planning for all agency procurement actions, and in the evaluation and
award of contracts: Elimination of virgin material requirements; use of
recovered materials; reuse of products; life cycle costs;
recyclability; environmental preferability; waste prevention; and
ultimate disposal, if appropriate;
c. Developing and implementing an agency plan for energy
conservation through changes in procurement practices, investment in
energy efficient technology, and reduction of demand;
d. Designating an Agency Recycling Coordinator to coordinate the
development of an effective agency waste reduction and recycling
program, and emphasize agency purchase and use of recycled and
environmentally preferable products and services;
e. Providing data and information on agency activity for
incorporation into Departmental reports;
f. Designating facility energy supervisors in Department-operated
facilities and ensuring a sufficient number of trained energy managers
throughout the Department to implement the provisions of law and
regulation relating to energy and water conservation;
g. Where programs include a project or activity involving
construction or leasing of property, ensuring that the responsible
program manager conducts an environmental assessment; and, analyzes
findings of environmental assessments and makes final decisions
regarding the significance of environmental consequences;
8. Voluntary Health and Wellness Programs. Supporting the
Department's voluntary health and occupational wellness programs and
drug-free workplace program.
9. Commercial Services Management (formerly Competitive Sourcing).
a. Establishing agency procedures necessary to carry out the
provisions of the law, regulation, and Departmental directives relating
to commercial services management.
b. Designating an agency official as the central point of contact
for commercial services management and ensuring the timely and
appropriate completion of required activities and notices.
8. The Solicitor of Labor. The Solicitor of Labor is delegated
authority and assigned responsibility for providing legal advice and
assistance to all officers of the Department relating to the
administration of all of the elements of this Order and the statutory
provisions, regulations, and Executive Orders listed above. The
Solicitor of Labor shall have responsibility for legal advice and
assistance through rulings and interpretations of applicable laws and
regulations and for drafting services. The bringing of legal
proceedings under those authorities, the representation of the
Secretary and other officials of the Department of Labor, and the
determination of whether such proceedings or representations are
appropriate in a given case, are delegated exclusively to the
Solicitor.
9. Reservation of Secretary's Authority and Responsibility.
A. The submission of reports and recommendations to the President
and the Congress is reserved to the Secretary.
B. This Secretary's Order does not affect the authorities and
responsibilities of the Office of Inspector General under the Inspector
General Act of 1978, as amended, or under Secretary's Order 4-2006.
10. Re-delegation of Authority. Unless identified as non-delegable
under this Order, authorities delegated within this Order may be re-
delegated, provided, however, that re-delegation shall in no way
diminish the delegating official's responsibility.
11. Effective Date. This order is effective on May 27, 2018.
Dated: May 14, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-11126 Filed 5-25-18; 8:45 am]
BILLING CODE 4510-04-P