Legislación

US (United States) Code. Title 5. Chapter 79: Services to employees

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

5 USC CHAPTER 79 - SERVICES TO EMPLOYEES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 79 - SERVICES TO EMPLOYEES

-HEAD-

CHAPTER 79 - SERVICES TO EMPLOYEES

-MISC1-

Sec.

7901. Health service programs.

7902. Safety programs.

7903. Protective clothing and equipment.

7904. Employee assistance programs relating to drug abuse and

alcohol abuse.

7905. Programs to encourage commuting by means other than

single-occupancy motor vehicles.

AMENDMENTS

1993 - Pub. L. 103-172, Sec. 2(b), Dec. 2, 1993, 107 Stat. 1996,

added item 7905.

1986 - Pub. L. 99-570, title VI, Sec. 6004(b), Oct. 27, 1986, 100

Stat. 3207-159, added item 7904.

STATE OR LOCAL GOVERNMENT PROGRAMS ENCOURAGING EMPLOYEE USE OF

PUBLIC TRANSPORTATION; FEDERAL AGENCY PARTICIPATION

Pub. L. 102-241, Sec. 44, Dec. 19, 1991, 105 Stat. 2226, provided

that: ''The Department of Transportation may include military

personnel of the Coast Guard in any program in which the Department

participates under section 629 of the Treasury, Postal Service and

General Government Appropriations Act, 1991, Public Law 101-509

(set out below), notwithstanding section 629(c)(2) of that Act.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

Pub. L. 101-509, title VI, Sec. 629, Nov. 5, 1990, 104 Stat.

1478, authorized Federal agencies and employees to participate in

State or local government programs encouraging employees to use

public transportation, directed General Accounting Office, not

later than June 30, 1993, to conduct a study and submit a report on

the implementation of such programs, and provided that this section

was repealed effective Dec. 31, 1993.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 9701 of this title.

-CITE-

5 USC Sec. 7901 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 79 - SERVICES TO EMPLOYEES

-HEAD-

Sec. 7901. Health service programs

-STATUTE-

(a) The head of each agency of the Government of the United

States may establish, within the limits of appropriations

available, a health service program to promote and maintain the

physical and mental fitness of employees under his jurisdiction.

(b) A health service program may be established by contract or

otherwise, but only -

(1) after consultation with the Secretary of Health, Education,

and Welfare and consideration of its recommendations; and

(2) in localities where there are a sufficient number of

employees to warrant providing the service.

(1) treatment of on-the-job illness and dental conditions

requiring emergency attention;

(2) preemployment and other examinations;

(3) referral of employees to private physicians and dentists;

and

(4) preventive programs relating to health.

(d) The Secretary of Health, Education, and Welfare, on request,

shall review a health service program conducted under this section

and shall submit comment and recommendations to the head of the

agency concerned.

(e) When this section authorizes the use of the professional

services of physicians, that authorization includes the use of the

professional services of surgeons and osteopathic practitioners

within the scope of their practice as defined by State law.

(f) The health programs conducted by the Tennessee Valley

Authority are not affected by this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 90-83, Sec.

1(47), Sept. 11, 1967, 81 Stat. 209; Pub. L. 104-201, div. C,

title XXXV, Sec. 3548(a)(9), Sept. 23, 1996, 110 Stat. 2869.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 150. Aug. 8, 1946, ch.

865, 60 Stat. 903.

Sept. 23, 1950, ch.

1010, Sec. 8, 64

Stat. 986.

-------------------------------

In subsection (a), the words ''agency of the Government of the

United States'' are coextensive with and substituted for

''departments and agencies including Government-owned and

controlled corporations'' to avoid confusion with the definitions

in sections 101-105.

In subsection (d) the word ''appropriate'' in the phrase

''appropriate comment and recommendations'' is omitted as

unnecessary. The words ''to the head of the agency concerned'' are

added for clarity.

In subsection (e), the substance of the definition of

''physician'' in former section 790 is substituted for the

reference to that section.

In subsection (f)(2) and (3), the words ''Canal Zone Government''

and ''Panama Canal Company'' are substituted for ''Panama Canal''

and ''Panama Railroad'', respectively, on the authority of the Act

of Sept. 26, 1950, ch. 1049, Sec. 2(a), 64 Stat. 1038.

The last proviso of the first sentence of the Act of Aug. 8,

1946, is omitted as executed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends 5 U.S.C. 7901 to reflect 1966 Reorganization

Plan No. 3, effective June 25, 1966, 80 Stat. 1610, section 1 of

which transferred all functions of the Public Health Service to the

Secretary of Health, Education, and Welfare.

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-201 amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: ''The

health programs conducted by the following agencies are not

affected by this section -

''(1) the Tennessee Valley Authority;

''(2) the Canal Zone Government; and

''(3) the Panama Canal Company.''

-CHANGE-

CHANGE OF NAME

Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 3508 of Title 20,

Education.

-MISC4-

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-172, Sec. 1(a), Dec. 2, 1993, 107 Stat. 1995,

provided that: ''This Act (enacting section 7905 of this title and

provisions set out as notes under section 7905 of this title) may

be cited as the 'Federal Employees Clean Air Incentives Act'.''

DEMONSTRATION PROJECT: HEALTH PROTECTION; HEALTH PROMOTION; DISEASE

PREVENTION; AND SECONDARY PREVENTION

Pub. L. 99-251, title I, Sec. 110, Feb. 27, 1986, 100 Stat. 17,

directed Director of Office of Personnel Management to conduct a

demonstration project to determine most effective method of

furnishing health protection, health promotion, disease prevention,

and secondary prevention services to Federal Government employees,

with Director to report to Congress no later than 60 days after

termination of project on Feb. 27, 1988.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 403j.

-CITE-

5 USC Sec. 7902 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 79 - SERVICES TO EMPLOYEES

-HEAD-

Sec. 7902. Safety programs

-STATUTE-

(a) For the purpose of this section -

(1) ''employee'' means an employee as defined by section 8101

of this title; and

(2) ''agency'' means an agency in any branch of the Government

of the United States (not including the United States Postal

Service), including an instrumentality wholly owned by the United

States, and the government of the District of Columbia.

(b) The Secretary of Labor shall carry out a safety program under

section 941(b)(1) of title 33 covering the employment of each

employee of an agency.

(1) establish by Executive order a safety council composed of

representatives of the agencies and of labor organizations

representing employees to serve as an advisory body to the

Secretary in furtherance of the safety program carried out by the

Secretary under subsection (b) of this section; and

(2) undertake such other measures as he considers proper to

prevent injuries and accidents to employees of the agencies.

(d) The head of each agency shall develop and support organized

safety promotion to reduce accidents and injuries among employees

of his agency, encourage safe practices, and eliminate work hazards

and health risks.

(e) Each agency shall -

(1) keep a record of injuries and accidents to its employees

whether or not they result in loss of time or in the payment or

furnishing of benefits; and

(2) make such statistical or other reports on such forms as the

Secretary may prescribe by regulation.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 91-596, Sec.

19(c), Dec. 29, 1970, 84 Stat. 1610; Pub. L. 105-241, Sec. 2(b)(2),

Sept. 28, 1998, 112 Stat. 1572.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 784 (less Sept. 16, 1916, ch.

(a)). 458, Sec. 33 (less

(a)); added

Dec. 22, 1944, ch.

664, 58 Stat. 887.

Oct. 14, 1949, ch.

691, Sec. 209, 63

Stat. 865.

-------------------------------

Subsection (a) is added on authority of former sections 790(b)

and 794 (1st sentence), which are carried into section 8101.

The words ''Secretary of Labor'' and ''Secretary'' are

substituted for ''Administrator'' on authority of section 1 of 1950

Reorg. Plan No. 19, eff. May 24, 1950, 64 Stat. 1271.

Subsection (b) is restated for clarity. The words ''under

section 941(b)(1) of title 33'' are substituted for ''The

provisions of section 941 of title 33 shall, insofar as not

inapplicable, apply'' on authority of section 941(g)(2) of title

33. The reference to ''a safety program'' is based in part on the

words ''in furtherance of the safety program carried out by the

Secretary pursuant to this section'' in former section 784(c).

In subsection (d), the word ''foster'' is omitted as included in

''develop and support''. The words ''and reduce compensable

injuries'' are omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-241 inserted ''(not including

the United States Postal Service)'' after ''Government of the

United States''.

1970 - Subsec. (c)(1). Pub. L. 91-596 included representatives of

labor organizations representing employees.

-EXEC-

EXECUTIVE ORDER NO. 10990

Ex. Ord. No. 10990, Feb. 5, 1962, 27 F.R. 1065, which provided

for the establishment of a Federal Safety Council, was superseded

by Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, formerly set

out below.

EXECUTIVE ORDER NO. 11612

Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, which related

to occupational safety and health programs for federal employees,

was superseded by Ex. Ord. 11807, Sept. 28, 1974, 39 F.R. 35559,

formerly set out below.

EXECUTIVE ORDER NO. 11807

Ex. Ord. No. 11807, Sept. 28, 1974, 39 F.R. 35559, which related

to occupational safety and health programs for federal employees

and continued the Federal Advisory Council on Occupational Safety

and Health, was revoked by Ex. Ord. No. 12196, Feb. 26, 1980, 45

F.R. 12769, set out below.

EX. ORD. NO. 12196. OCCUPATIONAL SAFETY AND HEALTH PROGRAMS FOR

FEDERAL EMPLOYEES

Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, as amended by

Ex. Ord. No. 12223, June 30, 1980, 45 F.R. 45235; Ex. Ord. No.

12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section

7902(c) of Title 5 of the United States Code and in accord with

Section 19 of the Occupational Safety and Health Act of 1970, as

amended (29 U.S.C 668), it is ordered:

1-1. SCOPE OF THIS ORDER

1-101. This order applies to all agencies of the Executive Branch

except military personnel and uniquely military equipment, systems,

and operations.

1-102. For the purposes of this order, the term ''agency'' means

an Executive department, as defined in 5 U.S.C. 101, or any

employing unit or authority of the Federal government, other than

those of the judicial and legislative branches. Since section 19

(29 U.S.C. 668) of the Occupational Safety and Health Act (''the

Act'') (29 U.S.C. 651 et seq.) covers all Federal employees,

however, the Secretary of Labor (''the Secretary'') shall cooperate

and consult with the heads of agencies in the legislative and

judicial branches of the government to help them adopt safety and

health programs.

1-2. HEADS OF AGENCIES

1-201. The head of each agency shall:

(a) Furnish to employees places and conditions of employment that

are free from recognized hazards that are causing or are likely to

cause death or serious physical harm.

(b) Operate an occupational safety and health program in

accordance with the requirements of this order and basic program

elements promulgated by the Secretary.

represent the interest and support of the agency head to be

responsible for the management and administration of the agency

occupational safety and health program.

(d) Comply with all standards issued under section 6 of the Act

(29 U.S.C. 655), except where the Secretary approves compliance

with alternative standards. When an agency head determines it

necessary to apply a different standard, that agency head shall,

after consultation with appropriate occupational safety and health

committees where established, notify the Secretary and provide

justification that equivalent or greater protection will be assured

by the alternate standard.

(e) Assure prompt abatement of unsafe or unhealthy working

conditions. Whenever an agency cannot promptly abate such

conditions, it shall develop an abatement plan setting forth a

timetable for abatement and a summary of interim steps to protect

employees. Employees exposed to the conditions shall be informed

of the provisions of the plan. When a hazard cannot be abated

without assistance of the General Services Administration or other

Federal lessor agency, an agency shall act with the lessor agency

to secure abatement.

(f) Establish procedures to assure that no employee is subject to

restraint, interference, coercion, discrimination or reprisal for

filing a report of an unsafe or unhealthy working condition, or

other participation in agency occupational safety and health

program activities.

(g) Assure that periodic inspections of all agency workplaces are

performed by personnel with equipment and competence to recognize

hazards.

(h) Assure response to employee reports of hazardous conditions

and require inspections within twenty-four hours for imminent

dangers, three working days for potential serious conditions, and

twenty working days for other conditions. Assure the right to

anonymity of those making the reports.

(i) Assure that employee representatives accompany inspections of

agency workplaces.

(j) Operate an occupational safety and health management

information system, which shall include the maintenance of such

records as the Secretary may require.

(k) Provide safety and health training for supervisory employees,

employees responsible for conducting occupational safety and health

inspections, all members of occupational safety and health

committees where established, and other employees.

(l) Submit to the Secretary an annual report on the agency

occupational safety and health program that includes information

the Secretary prescribes.

1-3. OCCUPATIONAL SAFETY AND HEALTH COMMITTEES

1-301. Agency heads may establish occupational safety and health

committees. If committees are established, they shall be

established at both the national level and, for agencies with field

or regional offices, other appropriate levels. The committees

shall be composed of representatives of management and an equal

number of nonmanagement employees or their representatives. Where

there are exclusive bargaining representatives for employees at the

national or other level in an agency, such representatives shall

select the appropriate nonmanagement members of the committee.

1-302. The committees shall, except where prohibited by law,

(a) Have access to agency information relevant to their duties,

including information on the nature and hazardousness of substances

in agency workplaces.

(b) Monitor performance, including agency inspections, of the

agency safety and health programs at the level they are

established.

program.

1-303. A Committee may request the Secretary of Labor to conduct

an evaluation or inspection pursuant to this order if half of a

Committee is not substantially satisfied with an agency's response

to a report of hazardous working conditions.

1-4. DEPARTMENT OF LABOR

1-401. The Secretary of Labor shall:

(a) Provide leadership and guidance to the heads of agencies to

assist them with their occupational safety and health

responsibilities.

(b) Maintain liaison with the Office of Management and Budget in

matters relating to this order and coordinate the activities of the

Department with those of other agencies that have responsibilities

or functions related to Federal employee safety and health,

including the Office of Personnel Management, the Department of

Health and Human Services, and the General Services Administration.

of Management and Budget, and in consultation with the Federal

Advisory Council on Occupational Safety and Health, a set of basic

program elements. The program elements shall help agency heads

establish occupational safety and health committees and operate

effective occupational safety and health programs, and shall

provide flexibility to each agency head to implement a program

consistent with its mission, size and organization. Upon request

of an agency head, and after consultation with the Federal Advisory

Council on Occupational Safety and Health, the Secretary may

approve alternate program elements.

(d) Prescribe recordkeeping and reporting requirements.

(e) Assist agencies by providing training materials, and by

conducting training programs upon request and with reimbursement.

(f) Facilitate the exchange of ideas and information throughout

the government about occupational safety and health.

(g) Provide technical services to agencies upon request, where

the Secretary deems necessary, and with reimbursement. These

services may include studies of accidents, causes of injury and

illness, identification of unsafe and unhealthful working

conditions, and means to abate hazards.

(h) Evaluate the occupational safety and health programs of

agencies and promptly submit reports to the agency heads. The

evaluations shall be conducted through such scheduled headquarters

or field reviews, studies or inspections as the Secretary deems

necessary, at least annually for the larger or more hazardous

agencies or operations, and as the Secretary deems appropriate for

the smaller or less hazardous agencies.

(i) Conduct unannounced inspections of agency workplaces when the

Secretary determines necessary if an agency does not have

occupational safety and health committees; or in response to

reports of unsafe or unhealthful working conditions, upon request

of occupational safety and health committees under Section 1-3; or,

in the case of a report of an imminent danger, when such a

committee has not responded to an employee who has alleged to it

that the agency has not adequately responded to a report as

required in 1-201(h). When the Secretary or his designee performs

an inspection and discovers unsafe or unhealthy conditions, a

violation of any provisions of this order, or any safety or health

standards adopted by an agency pursuant to this order, or any

program element approved by the Secretary, he shall promptly issue

a report to the head of the agency and to the appropriate

occupational safety and health committee, if any. The report shall

describe the nature of the findings and may make recommendations

for correcting the violation.

(j) Submit to the President each year a summary report of the

status of the occupational safety and health of Federal employees,

and, together with agency responses, evaluations of individual

agency progress and problems in correcting unsafe and unhealthful

working conditions, and recommendations for improving their

performance.

(k) Submit to the President unresolved disagreements between the

Secretary and agency heads, with recommendations.

(l) Enter into agreements or other arrangements as necessary or

appropriate with the National Institute for Occupational Safety and

Health and delegate to it the inspection and investigation

authority provided under this section.

1-5. THE FEDERAL ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH

1-501. The Federal Advisory Council on Occupational Safety and

Health, established pursuant to Executive Order No. 11612, is

continued. It shall advise the Secretary in carrying out

responsibilities under this order. The Council shall consist of

sixteen members appointed by the Secretary, of whom eight shall be

representatives of Federal agencies and eight shall be

representatives of labor organizations representing Federal

employees. The members shall serve three-year terms with the terms

of five or six members expiring each year, provided this Council is

renewed every two years in accordance with the Federal Advisory

Committee Act (5 U.S.C. App.). The members currently serving on the

Council shall be deemed to be its initial members under this order

and their terms shall expire in accordance with the terms of their

appointment.

1-502. The Secretary, or a designee, shall serve as the Chairman

of the Council, and shall prescribe rules for the conduct of its

business.

1-503. The Secretary shall make available necessary office space

and furnish the Council necessary equipment, supplies, and staff

services, and shall perform such functions with respect to the

Council as may be required by the Federal Advisory Committee Act,

as amended (5 U.S.C. App.).

1-6. GENERAL SERVICES ADMINISTRATION

1-601. Within six months of the effective date of this order the

Secretary of Labor and the Administrator of the General Services

Administration shall initiate a study of conflicts that may exist

in their standards and other requirements affecting Federal

employee safety and health, and shall establish a procedure for

resolving conflicting standards for space leased by the General

Services Administration.

1-602. In order to assist the agencies in carrying out their

duties under Section 19 of the Act (29 U.S.C. 668) and this order

the Administrator shall:

(a) Upon request, require personnel of the General Services

Administration to accompany the Secretary or an agency head on any

inspection or investigation conducted pursuant to this order of a

facility subject to the authority of the General Services

Administration.

(b) Assure prompt attention to reports from agencies of unsafe or

unhealthy conditions of facilities subject to the authority of the

General Services Administration; where abatement cannot be promptly

effected, submit to the agency head a timetable for action to

correct the conditions; and give priority in the allocation of

resources available to the Administrator for prompt abatement of

the conditions.

and establish and maintain a product safety program for those

supplies, devices, equipment and services furnished to agencies,

including the issuance of Material Safety Data Sheets when

hazardous substances are furnished them.

1-7. GENERAL PROVISIONS

1-701. Employees shall be authorized official time to participate

in the activities provided for by this order.

1-702. Nothing in this order shall be construed to impair or

alter the powers and duties of the Secretary or heads of other

Federal agencies pursuant to Section 19 of the Occupational Safety

and Health Act of 1970 (29 U.S.C. 668). Chapter 71 of Title 5 of

the United States Code, Sections 7901, 7902, and 7903 of Title 5 of

the United States Code, nor shall it be construed to alter any

other provisions of law or Executive Order providing for collective

bargaining agreements and related procedures, or affect the

responsibilities of the Director of Central Intelligence to protect

intelligence sources and methods (50 U.S.C. 403(d)(3)).

1-703. Executive Order No. 11807 of September 28, 1974, is

revoked.

1-704. This order is effective October 1, 1980.

EXECUTIVE ORDER NO. 12566

Ex. Ord. No. 12566, Sept. 26, 1986, 51 F.R. 34575, which related

to safety belt use by Federal employees, was revoked by Ex. Ord.

No. 13043, Sec. 6, Apr. 16, 1997, 62 F.R. 19218, set out as a note

under section 402 of Title 23, Highways.

EXTENSION OF TERM OF FEDERAL ADVISORY COUNCIL ON OCCUPATIONAL

SAFETY AND HEALTH