Federal Advisory Council on Occupational Safety and
Health
United States Department of Labor
Occupational Safety and Health Administration
Federal Advisory Council on Occupational Safety and Health
(FACOSH)
September 28, 2006 Meeting Minutes
FACOSH met at 10:00 a.m. in Rooms 2537G-2540K of the Mine Safety and Health
Administration (MSHA), located at 1100 Wilson Boulevard, Arlington, Virginia.
Representatives Attending
Edwin G. Foulke, Jr., Chairperson
Assistant Secretary for Occupational Safety and Health
U.S. Department of Labor
W. Corey Thompson, Jr., (elected) Vice Chairperson
Safety and Health Specialist
American Postal Workers’ Union, AFL-CIO
Donald G. Bathurst
Chief of Administrative Services
U.S. Department of Homeland Security
Curtis M. Bowling
Director of Environmental Readiness and Safety
U.S. Department of Defense
Vickers B. Meadows
Chief Administrative Officer
U.S. Department of Commerce
Patent and Trademark Office
Jose S. Gonzales
Sergeant at Arms
California State Fraternal Order of Police/Empire Lodge II
Keith Nelson
Assistant Secretary for Administration
U.S. Department of Housing and Urban Development
Robert Lee Martin, Jr.
Special Assistant to the President, Organizing Director
National Marine Engineers Beneficial Association
Milagro Rodriquez
Occupational Health and Safety Specialist
American Federation of Government Employees, AFL-CIO
Richard S. Williams, M.D., FACS
Chief Health and Medical Officer
NASA
Also Participating
Diane Brayden
Director
Office of Federal Agency Programs, USDOL - OSHA
Marvin Dickerson
Federal Emergency Management Agency
U.S. Department of Homeland Security
Frank Denny
U.S. Department of Veterans Affairs
Tom Galassi
Deputy Director
Directorate of Enforcement Programs, USDOL – OSHA
Sandy Guches
U.S. Department of Interior
Shelby Hallmark
Director
Office of Workers’ Compensation Programs
Employment Standards Administration
U.S. Department of Labor
Suey Howe
Deputy Assistant Secretary for Policy
U.S. Department of Labor
Larry Liberatore
Directorate of Cooperative and State Programs, USDOL - OSHA
David Marciniak
General Services Administration
Jim Meredith
U.S. Department of Interior
Cathy Oliver
Director
Office of Partnerships and Recognition, USDOL - OSHA
Keith Pendergrass
Facilities and Property Management, USDOL - MSHA
Louis Rowe
National Park Service
U.S. Department of Interior
Laura Seeman
Directorate of Cooperative and State Programs, USDOL - OSHA
Jennifer Silk
Deputy Director
Directorate of Standards and Guidance, USDOL - OSHA
Call to Order Assistant Secretary Edwin Foulke, Jr., Chair, called the meeting of the
Federal Advisory Council on Occupational Safety and Health (FACOSH) to order at 10:00 a.m. He
thanked the American Federation of Government Employees (AFGE), Local 12 for providing coffee
and snacks for the meeting in recognition of Hispanic Heritage Month. After identifying meeting
materials included in the members’ meeting booklets, he asked Keith Pendergrass, Facilities and
Property Management, Mine Safety and Health Administration (MSHA), to explain the emergency
evacuation procedures. Mr. Foulke provided background information about himself and asked that
FACOSH members and alternates, OSHA staff, and audience members introduce themselves. He then
discussed his trip to China and the progress of U.S. workplace safety and health since OSHA’s
inception.
Following these introductions, Mr. Foulke spoke about the organization, procedures, and
functions of FACOSH, and outlined both the statutory requirements for the Council and the
rules that would govern the proceedings.
Nomination and Election of Vice-Chair
Mr. Foulke noted that the Council needed to elect a Vice-Chair from among the labor
representative members and nominated W. Corey Thompson, Jr., Safety and Health Specialist,
American Postal Workers Union (APWU). No other nominations were presented, and the FACOSH
membership elected Mr. Thompson as Vice-Chair.
Approval of Minutes
Mr. Foulke asked the Council to review the April 12, 2005, FACOSH meeting minutes. The minutes
were voted on and approved as written.
Updates on Ongoing Activities
Government Accountability Office (GAO) Audit on Federal Workplace Safety and Health
Mr. Foulke introduced Diane Brayden, Director, OSHA’s Office of Federal Agency Programs (OFAP),
to provide an update on the GAO audit on Federal Workplace Safety and Health. Ms. Brayden
provided the background, time span, and methodology of the GAO report and then began to discuss
its findings and recommendations, and OSHA’s responses.
Ms. Brayden explained that the Audit had surveyed 57 agencies and found that most had some
activity in each of the six components generally associated with a good safety and health
program. However, she further explained that GAO found that many agencies faced implementation
challenges in the areas of data management, accountability, and safety resources. In addition,
the GAO Audit found that OSHA’s oversight of safety and heath programs could more effectively
use enforcement and compliance assistance resources in a strategic manner. Ms. Brayden outlined
three recommendations from GAO to OSHA which include: 1) developing a National targeted
inspection program for federal worksites based on injury and illness data; 2) tracking
violations disputed by federal agencies to their resolution, and ensuring that all unresolved
disputes are reported to the President; and 3) conducting evaluations of the largest and most
hazardous federal agencies as required, including recommendations for safety and health program
improvements in the Department of Labor’s (DOL’s) report to the President.
In response to the GAO audit, Ms. Brayden stated that, despite difficulties with the
compatibility of various data sources, OSHA had developed a federal agency targeting program
based on injury rates at the departmental and independent agency levels. She also reported that
GAO’s findings regarding OSHA’s failure to track disputed violations was, in large part, a
misunderstanding of the tracking process. However, Ms. Brayden explained, OSHA agreed that it
could improve its internal tracking of appealed cases and that an internal tracking system had
been developed to address this issue.
With respect to the GAO recommendation to conduct annual federal agency evaluations, Ms. Brayden
stated that OSHA has not conducted evaluations during the past several years due to staffing
limitations. However, OSHA would look at the possibility of re-instituting agency-level onsite
reviews at some time in the future.
Ms. Brayden then enumerated several steps OFAP was taking to enhance its oversight of federal
agency safety and health programs, including increasing the number of staff, requiring more
in-depth data from agencies in their annual summary reports, and applying a higher level of
analysis to that data. She also noted that the request for agency annual reports would be sent
to the Designated Safety and Health Officials (DASHOs) in the near future and that the more
specific data, including OSHA 300 summary results and recordkeeping on the injury and illness
rates of volunteers, would be requested. In addition, Ms. Brayden explained that this data and
any feedback on issues of concern would be used to address gaps identified in the GAO report.
Mr. Foulke asked for questions or comments on the GAO report update but received none. He then
reported that he was requiring Regional Administrators to provide him with a monthly report on
federal site inspections.
SHARE Initiative
Assistant Secretary Foulke and Shelby Hallmark, Director, Office of Workers’ Compensation
Programs (OWCP) conducted a joint presentation on the Safety, Health, and Return-to-Employment
(SHARE) Presidential Initiative. Mr. Foulke reported that SHARE established four goals. OSHA
oversees Goals 1 and 2, while OWCP oversees Goals 3 and 4. Specifically, the goals are to:
Reduce total injury and illness case rates (TCRs) by at least 3% per year,
Reduce lost time case rates (LTCRs) by at least 3% per year,
Improve the timely filing of injury and illness notices by 5% per year, and
Reduce lost production day rates (LPDRs) by at least 1% per year.
Mr. Foulke pointed out that the SHARE goals are aligned with the President’s Management Agenda
goal on human capital and DOL’s strategic goal to foster quality workplaces. He noted that DOL
had recommended to the President that the SHARE Initiative, originally slated to end at the end
of FY 06, be extended for an additional three years.
For Goal 1, Mr. Foulke reported that the federal government as a whole had demonstrated
continuing improvement throughout the Initiative’s time span and was on track to meet the goal
for FY 2006. He also provided a graphic representation of individual agency progress towards
goal achievement and commended the efforts and improvements of the Department of Homeland
Security (DHS). Mr. Foulke noted a similar trend for Goal 2 and stated that meeting this goal
was also likely in FY 2006.
Mr. Hallmark provided information on Goals 3 and 4. He detailed the necessity of timely claim
submissions (Goal 3) and noted that the federal government as a whole had made tremendous
progress in this area. He also discussed individual agency achievements toward meeting this
goal and drew attention to the improvements of DHS.
With respect to the LPDR goal (Goal 4), Mr. Hallmark explained that it was a very difficult
goal to achieve, but was also very useful because it integrated the safety and case management
areas to both reduce injuries and return employees to work more quickly. However, despite the
difficulty, Mr. Hallmark noted a steady improvement over the course of the SHARE Initiative and
reported that it looked promising for the federal government to meet the goal in FY 2006. In a
further elaboration on the LPDR goal, Mr. Hallmark discussed the progress of individual
agencies, noting both those that were having difficulty and those that were making significant
improvements.
Mr. Hallmark then enumerated DOL’s efforts in monitoring and leading the SHARE Initiative. He
mentioned several outreach activities and called attention to the availability of data on
OWCP’s website that would allow agencies to monitor their own progress.
Mr. Foulke and Mr. Hallmark then segued to providing background and supporting information for
the request to extend the SHARE program. Mr. Foulke reported that he was hoping to hear a
favorable response from the White House in time for an October 1 implementation. Mr. Hallmark
explained how Goals 3 and 4 had been adjusted for the SHARE extension to provide more accurate
results and achievable benchmarks.
Mr. Foulke emphasized OSHA’s commitment to helping the agencies meet their SHARE goals. He then
opened the floor to comments on and questions about the SHARE Initiative.
Curtis Bowling, Department of Defense (DOD), asked for a change in the graphical depiction of
his department’s progress in meeting Goals 3 and 4 when compared with other departments. Mr.
Hallmark and Mr. Foulke agreed with the idea, but Ms. Brayden noted that by breaking DOD down
into its subcomponents, its data could be presented using the same scale as other agencies.
The parties agreed to a further discussion of the issue.
Mr. Foulke took the opportunity to provide information on OSHA’s Voluntary Protection Program
(VPP) and the successes various DOD installations had achieved through that outreach. He
emphasized the benefits of the program and urged other federal agencies to investigate and
take advantage of OSHA’s compliance assistance opportunities.
Keith Nelson, Department of Housing and Urban Development (HUD), asked about statistics for
other agencies. Ms. Brayden directed him to the OSHA website for access to all the SHARE data.
Richard S. Williams, M.D., National Aeronautics and Space Administration (NASA), commented on
NASA’s commitment to the VPP program, which Mr. Foulke acknowledged. He also asked for more
information on DHS’s difficulties and the issues with baggage handling and the Transportation
Security Administration (TSA). Mr. Hallmark elaborated on the ergonomic hazards associated
with baggage handling and the speed with which TSA was created and staffed. He also mentioned
other "high-risk" federal occupations.
Donald G. Bathurst, DHS, expounded on the various hazards associated with specific DHS jobs and
tasks. He also noted that DHS did not exist until mid-FY 2003 and that, overall, the Department
had improved its workplace safety and health. Mr. Hallmark acknowledged the progress.
At that point, Mr. Bowling took the opportunity to "give another commercial for VPP"
and emphasized the program’s benefits. He also provided information on DOD’s efforts and plans
to achieve VPP status for more sites.
Mr. Foulke noted the success of VPP in the private sector and stated that OSHA had three area
offices as VPP sites and was adding a fourth. W. Corey Thompson, Jr., APWU, added his
endorsement of the program and its results, and mentioned the ever-increasing number of U.S.
Postal Service (USPS) sites with VPP status.
Mr. Hallmark touted the reduction in workers’ compensation claims (FY 2006 saw the lowest
number of claims filed since 1973) and noted the positive influence of SHARE. Ms. Rodriquez,
AFGE, asked Mr. Hallmark about outreach for agencies that were “poor performers.” Mr. Hallmark
mentioned focusing on smaller agencies and noted the difficulties for some agencies. He also
asked for agency feedback and suggestions for expanding outreach opportunities.
Louis Rowe, National Park Service (NPS), informed the Council of his organization’s commitment
to the SHARE Initiative and asked about the potential for correlating the goal language with
the OSHA Form 300 summary information. He provided evidence to support the benefits of this
correlation, and Mr. Foulke stated that it was “a good suggestion.” Mr. Rowe also noted the
discrepancy between the calendar year OSHA 300 data and the annual report due date of January 1.
Ms. Brayden clarified that the annual report request was based on the fiscal year. She also
mentioned the importance of such feedback to OFAP’s information gathering processes.
Frank Denny, Department of Veterans Affairs (VA), cautioned the group about the problems with
focusing on outcome vs. progress with respect to the SHARE program. Mr. Foulke acknowledged the
importance of proper focus and mentioned the Secretary of Labor’s interest in rewarding
performance accomplishments in the SHARE Initiative.
Federal Recordkeeping Change
Diane Brayden, OSHA, reminded the Council of the federal-sector recordkeeping changes that
became effective on January 1, 2005. She noted that, aside from a few nuances specific to
federal agencies, the federal reporting system is now nearly identical to that in the private
sector.
Ms. Brayden noted the extensive training and guidance provided by OFAP, along with the OFAP
website and recordkeeping-related Frequently Asked Questions (FAQs). She also mentioned the
recordkeeping video on the VA’s website.
In regard to federal sector-specific recordkeeping issues, Ms. Brayden commented on the need
for recording injury and illness statistics for volunteers and noted that federal volunteers
are considered “employees.” Mr. Hallmark added that federal volunteers are also eligible for
workers’ compensation. Ms. Brayden also asked for comments and suggestions on tracking the
statistics for volunteers and mentioned that OSHA had contacted agencies with volunteers to
determine current practices.
Ms. Brayden then introduced Jim Meredith, Department of Interior (DOI), to inform the Council
about his Department’s approach to tracking volunteer statistics. Mr. Meredith read a prepared
statement into the record, on behalf of Kathleen Wheeler, DOI’s DASHO. The statement included
information on DOI’s mission, history, function, organization, volunteer population, efforts to
provide safe and healthful workplaces for DOI volunteers, and the Department’s concerns
regarding the effect of not including volunteer statistics in the calculation of agency injury
and illness rates. The statement requested that the FACOSH ask OSHA to consider that issue with
respect to accurate injury and illness rates. Mr. Meredith then offered to answer questions
and offered the expertise of Mr. Louis Rowe, NPS, and Sandy Guches, Bureau of Land Management
(BLM), both from agencies with large volunteer populations.
Mr. Denny, VA, asked for clarification on DOI’s method of using “hours worked” to calculate
volunteers. Mr. Meredith confirmed that DOI calculates the number of volunteers based on the
number of hours worked on an annual basis. Mr. Rowe noted that NPS tracks both the number of
volunteers and the hours they work. Mr. Denny then commented on the difference between DOI’s
calculations and most agencies’ use of OPM figures to determine injury and illness statistics.
Ms. Brayden stated that SHARE statistics eliminated volunteer information from the final
figures because of the employment data issues.
Tom Galassi, OSHA, noted that one of the main purposes of the recordkeeping system was to
allow site safety and health personnel to identify hazards. He then queried Mr. Meredith as
to whether DOI tried to avoid having volunteers perform the more hazardous activities. Mr.
Meredith referred the question to Ms. Guches.
Ms. Guches explained BLM’s restrictions on volunteer activities and stated that although
volunteers and employees received the same training, volunteers did not perform “hazardous
duty.” She also noted the varied nature of volunteer schedules and concomitant difficulties
with statistical calculations.
Mr. Rowe clarified that NPS does not prohibit volunteers from many jobs, but does match the
volunteers’ capabilities to a suitable task. He also noted the overall hazards of many
environments inherent to the NPS.
Mr. Hallmark commented on SHARE statistic calculations, workers’ compensation claims, and
subtracting volunteer claims from the final counts. He also mentioned unique functions of
specific groups of volunteers, such as boaters documenting water levels for the Department
of Commerce. He then stressed the importance of paying attention to such situations so,
“that when injuries occur, somebody takes care of them.”
Marvin Dickerson, Federal Emergency Management Agency (FEMA), spoke of the necessity for a
national effort to inform potential volunteers about the need for safety, particularly in
hazardous environments. He noted that many volunteers, particularly those responding to
disasters, were not necessarily concerned with working safely, and that that altruism could
affect an organization’s safety programs and workers’ compensation statistics. Mr. Dickerson
mentioned the need for attempting to ensure that volunteers are made aware, both of the
appreciation for their efforts and the necessity of ensuring their safety.
Mr. Foulke referred to issues with providing training for Gulf Coast volunteers who responded
to the disasters in the area, and the legal separation between “volunteer” and “employee.” He
then reiterated the need for providing safety and health training to volunteers and asked for
more information on the training they receive. Mr. Meredith replied that DOI volunteers receive
much the same training as DOI employees.
Ms. Brayden emphasized the importance of such information to OFAP and asked that it be provided
in response to OSHA’s annual report request to the agencies. Mr. Meredith confirmed that it
would be included and expressed his enthusiasm for providing such input.
Ms. Brayden noted the importance of tracking OSHA Form 300 data to identify hazardous worksites,
as recommended in the GAO report. She mentioned difficulties with reporting OSHA 300 data that
coincides with the timeframe for agency annual report submissions, but that OSHA’s annual
report request would provide an opportunity for agencies to provide feedback on their OSHA
300 data collection efforts.
Lunch Break
The Council recessed for lunch.
Federal Agency Training Week
Mr. Foulke reconvened the FACOSH meeting and introduced Ms. Brayden to update the Council on
OSHA’s Federal agency training initiatives. Ms. Brayden noted that, due to limited resources,
many agencies depend on safety officers with limited experience and/or collateral duty safety
personnel. She stressed the importance of providing training to enhance the capabilities of
safety staff and called attention to OSHA’s free web-based collateral duty safety course
(Course # 6000). Ms. Brayden provided details on the course, but also emphasized the need for
additional training.
Ms. Brayden stated that OSHA would host a week of training for federal personnel on November
16-18 (sic: November 14-16) at the OSHA Training Institute and would offer “a menu of half-day
courses over the three days providing students an opportunity to select up to six seminars of
interest from a wide variety of safety topics” in the areas of general industry, construction,
and industrial hygiene. When asked for clarification about training costs, Ms. Brayden stated
that, while there was no tuition fee for the Training Week, agencies would need to cover travel
costs.
Mr. Thompson, APWU, asked Ms. Brayden about the level of the courses and whether they were
introductory in nature. Ms. Brayden replied that the courses assumed a basic foundation, such
as the collateral duty course.
Mr. Rowe, NPS, extolled the concept of the Training Week and expressed his interest in taking
advantage of it. He also offered to help fund similar events in the regions due to the
difficulties in arranging for all interest parties’ attendance at a single location at
a single time. Mr. Galassi, OSHA, noted that OSHA was exploring opportunities to expand its
training offerings.
Mr. Rowe provided details on DOI’s use of distance learning technology. He mentioned the
versatility of the medium and offered to collaborate with OSHA to expand the learning
opportunities for federal safety and health personnel. Mr. Foulke expressed his approval of
the idea.
Pandemic Flu
Mr. Foulke provided introductory comments on OSHA’s effort to provide guidance on recognizing
and combating the hazards of a pandemic in the workplace. He then introduced Suey Howe, DOL’s
Deputy Assistant Secretary for Policy and Jennifer Silk, Deputy Director, OSHA’s Directorate
of Standards and Guidance, to present information as OSHA’s experts on the issue.
Ms. Howe described how DOL is working closely with the Homeland Security Council, and several
federal agencies including the Department of Health and Human Services (HHS), Centers for
Disease Control (CDC), the VA, Department of Education, Department of Agriculture (USDA),
Department of Treasury, Department of Homeland Security, and Department of Commerce in a
coordinated government-wide effort to address the issue of a pandemic flu outbreak.
Ms. Howe provided some background information on flu in general, and the definition of a
pandemic. She discussed the varying severity of pandemics and projections of the rates of
morbidity and mortality depending on the severity. She also provided estimates of a severe
pandemic’s effects on the economy, business operations, and provision of essential services.
Ms. Howe then detailed a few of the strategies to deal with a pandemic and noted the federal
emphasis on planning. She specifically mentioned the President’s release of a national
strategic plan and the various actions required of federal agencies, as well as the dates
by which those actions are to have occurred. She also noted that agency plans would be
“fine tuned” as specific knowledge and strategies became available.
Included in Ms. Howe’s presentation was information on the unique contingencies taken into
consideration when planning for a response to a pandemic. She also provided specific
references to various federal documents on the subject, along with training information
and a selection of web resources.
Ms. Silk continued the presentation with information on OSHA activities related to pandemic
response, noting OSHA’s unique role of safeguarding workers in the event of a pandemic. She
stated that OSHA has issued guidance on protection of poultry workers from avian influenza,
and noted there are a number of guidance documents currently in the clearance process. She
advised that OSHA has created two pandemic influenza working groups to identify issues and
develop recommendations relative to the pandemic flu. The Pandemic Flu Policy Group has two
subgroups, one looking into DOL and OSHA issues, and the other looking at employer and
employee issues. The second Policy Group is addressing Respiratory Protection.
Ms. Silk stated that in the event of a pandemic incident of national significance, OSHA would
continue to perform its critical functions, including responding to fatalities, imminent
dangers, complaints, and accident investigations. OSHA would also have a role in providing
safety and health specific guidance and assistance to employers and employees in the federal
response community.
Ms. Silk spoke of how OSHA had developed a hierarchy of potential exposure scenarios and the
steps necessary to protect each category of worker. She cited examples of specific strategies
such as telecommuting to minimize worker exposure and discussed how to protect “high impact”
employees, such as emergency response workers, from exposure.
Upon the conclusion of Ms. Silk’s presentation, Mr. Foulke opened the floor to questions. Ms.
Rodriquez, AFGE, asked if there was any sense of agencies’ progress in fulfilling their
responsibilities. Ms. Howe replied that she thought all the agencies had begun the planning
process and several were well along in their response plans. She also asked those present if
they were aware of their agencies’ progress and emphasized the need for commitments from agency
leaders.
Ms. Rodriquez responded with information from a briefing she had attended the previous day at
OPM. The briefing had covered OPM’s response plans and the need to be aware of other plans and
response efforts. Ms. Howe noted the importance of cooperation and communication among all
areas of emergency response.
Mr. Meredith, DOI, mentioned several situations unique to his employees’ work with various
types of wildlife and his department’s efforts to develop a plan to protect employees in those
areas. He also noted that many DOI subcomponents have extensive interaction with the public and
must plan accordingly.
Motor Vehicle Safety
Before beginning the presentation on Motor Vehicle Safety, Assistant Secretary Foulke
introduced Bryan Little, his new Deputy Assistant Secretary. Mr. Foulke also noted that that
the Motor Vehicle Safety presentation had been moved up on the agenda.
Mr. Foulke began the discussion by noting that, per Executive Order (EO) 13043, all federal
employees must use seatbelts when traveling on official business. He also noted that former
Assistant Secretary John Henshaw’s efforts, through a variety of initiatives, to obtain 100
percent compliance with the EO. He then introduced Larry Liberatore, OSHA Coordinator for the
Motor Vehicle Safety Campaign, to provide an update on the progress toward that goal.
Mr. Liberatore detailed the history of the motor vehicle safety workgroup and thanked its
participants. He noted that the group’s focus was to develop a model program for
assisting federal agencies without fleets and the attendant fleet management safety programs,
policies, and procedures. Mr. Liberatore provided the Council with a copy of the workgroup
document, outlining a basic motor vehicle safety program.
Mr. Liberatore outlined the document’s contents and called attention to various points. He
also noted a few areas of current research, such as cell phone use and pre-screening of
driving records. Mr. Foulke then asked for questions.
Dr. Williams, NASA, asked about the existence of research comparing the distraction of
hands-free cell phone use to holding a conversation with a passenger. Mr. Liberatore was not
aware of any such research other than the effects of passengers and conversations on teenage
drivers.
Mr. Nelson, HUD, asked if the workgroup had addressed GPS systems because their use was highly
interactive. Mr. Liberatore stated that the group had not addressed GPS systems but that the
Federal Motor Carrier Safety Administration was conducting such research within the trucking
industry.
Mr. Galassi, OSHA, asked Mr. Liberatore about the absence of discussion on airbags. Mr.
Liberatore replied that there is an assumption that all vehicles are equipped with airbags,
similar to seatbelts.
Mr. Foulke then noted the positive impact of seatbelt legislation. He mentioned the potential
positive impact on workplace safety with increased use of seatbelts among federal employees.
Mr. Bowling, DOD, asked if the group had addressed different types of vehicles such as
15-passenger vans. Mr. Liberatore replied that the group had developed the document as general
guidelines and had discussed vehicle selection, but that the discussion had not been included
in the final document. He also mentioned that the National Transportation Safety Board’s
website provided extensive information on the subject.
Mr. Foulke closed the discussion and thanked Mr. Liberatore.
New Business Assistant Secretary Foulke stated that the Council would move on to New Business, but that
the Cooperative Programs presentation remained as an item of Old Business for later in the
afternoon.
Facilty Design for Safety and Health
Mr. Foulke introduced David Marciniak, Safety and Health Manager, General Services
Administration (GSA). Mr. Marciniak stated that GSA was asking FACOSH to possibly put
together a subgroup to address safety and health in facility design. He asserted that
designing out hazards by using systems safety techniques was more efficient and less
costly than correcting problems later on.
He noted that, when designing a building, it was a general assumption that the combination of
building codes and OSHA regulations would ensure a safe workplace. But, according to Mr.
Marciniak, there would be greater cost and personnel savings by designing a safer workplace
in the initial architectural and concept stages. He mentioned a GSA design guide that included
such considerations.
Mr. Marciniak stated that GSA wanted FACOSH to create a committee or subgroup to gather
information and research on incorporating safety and health into facility design in
accordance with the rules, regulations, Executive Orders, consensus standards, trade practices,
and building codes. He noted that this type of collation would benefit workers in general,
whether they were federal or contract employees.
Mr. Marciniak discussed specific areas, such as roof design and equipment location on roofs
that would benefit from this sort of pre-construction contemplation. He noted specific examples
of both good and bad design with respect to safety and health.
Mr. Marciniak listed several of the topics covered by GSA’s design guide and also gave a URL
for those wishing to view it online. Mr. Foulke then stated that FACOSH would discuss the
subgroup further at its next meeting.
With respect to the subgroup, Ms. Rodriquez, AFGE, asked about a timeframe for completion and
expected outcomes. Robert Lee Martin, Jr. Special Assistant to the President, Organizing
Director, National Marine Engineers Beneficial Association (NMEBA), asked for relative costs
of some of the guidelines. Mr. Marciniak replied that GSA had taken costs and benefits into
account during the development process.
Mr. Foulke asked about equipment and machinery guidelines. Mr. Marciniak answered that there
was a section in the guide, but that it did not provide extensive details.
Mr. Bowling, DOD, queried the existence of a group looking at construction and maintenance on
a government-wide basis. Mr. Marciniak was unaware of any such group, but Mr. Bathurst, HUD,
directed Mr. Bowling to the National Research Council.
Mr. Galassi, OSHA, noted that OSHA’s regulations in the area of building design were
performance-oriented and referenced the Life Safety Code. He asked Mr. Marciniak about the
GSA publication’s relationship to that code. Mr. Marciniak stated that the GSA guide was
attempting to address areas not covered by other documents.
Cooperative Programs
Assistant Secretary Foulke introduced the remaining item of Old Business, highlighting several
of OSHA’s cooperative programs including the Voluntary Protection Program (VPP), Strategic
Partnerships, and Alliances. He mentioned that federal agencies remain underrepresented among
these programs’ participants when compared to the private sector. However, there are a few federal
agency VPP sites making great progress.
Mr. Foulke then introduced Cathy Oliver and Laura Seeman of the OSHA, Office of Partnerships
and Recognition, to provide an update on federal agency participation in OSHA’s cooperative
programs. Ms. Oliver provided an overview of the VPP, Strategic Partnership Program, and the
Alliance program. She reported that there are currently seven agencies with 83 VPP sites and
over 50,000 federal civilian employees, 12 federal partnerships covered by the Strategic
Partnership Program, and Alliance program agreements with the Environmental Protection Agency
(EPA), MSHA, DOL, National Institute for Occupational Safety and Health (NIOSH), and the
Internal Revenue Service (IRS). Ms. Oliver also discussed the process of becoming a VPP site
and the VPP Corporate and VPP Challenge programs. She recognized USPS, DOD, NASA, DOI and the
U.S. Mint for their outstanding performance in the VPP.
Mr. Foulke then introduced Laura Seeman, Team Leader, OSHA, Strategic Partnership program. Ms. Seeman explained how the Strategic Partnership program is facilitated through the collaboration
of employers, employees, and labor organizations to reduce injuries and illness at worksites.
She also described the numbers and type of organizations participating in these programs, and
highlighted that there have been a total of 29 partnerships between OSHA and other federal
agencies, 12 of which are still active today. Ms. Seeman specifically made mention of
partnerships with USPS, the Department of the Army, DOI’s NPS and Indian Health Service,
and Federal Corrections Institute.
Ms. Seeman continued on by describing federal agency participation in the Alliance Program.
She distinguished Alliances as partnerships which are not work-site based. Instead, they
provide opportunities for associations and groups to work with OSHA on a broad scale. Ms.
Seeman explained that Alliances had been particularly helpful in developing safety and
health e-tools.
Ms. Oliver then opened the floor up for questions. Ms. Rodriquez, AFGE, expressed union concern
with OSHA’s involvement with organizations once they have gone through the VPP process. Ms.
Oliver responded that employees don’t give up any rights by participating in VPP and that they
continue to be fully protected by OSHA. Ms. Seeman stressed the importance of emphasizing these
rights with employees.
New Business Continued
Assistant Secretary Foulke then returned to New Business and asked if there were any additional
items to discuss.
Mr. Bathurst, HUD, suggested that FACOSH take a more in-depth look at the 1904 reporting
requirements.
Mr. Martin, NMEBA, asked if the Motor Vehicle Safety report had been accepted by the Council.
Mr. Liberatore responded no and that the workgroup established by the previous Council has
accepted it, but the work has never been shared with the full Council. Mr. Martin then motioned
to accept the report. The Council proceeded to accept the report following a verbal vote.
Mr. Foulke then suggested that the next FACOSH meeting be scheduled for Thursday, March 1, 2007.
