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December 13, 1971

OSHA Instruction PER 3.2 October 30, 1978

OSHA ADMINISTRATIVE DIRECTIVE

To: All OSHA Employees

Subject: Bribe Offers to OSHA Employees

1. Purpose. To state the OSHA policy concerning the offer and/or acceptance of bribes.

2. Background. Federal and State inspectors by the very nature of their jobs may be frequently exposed to situations in which items of economic value are offered to influence results of an inspection. OSHA Administrative Directive PER 3.0.1 outlines in general terms OSHA's policy on acceptance of gratuities. It does not, however, provide specific guidelines on how to handle situations of suspected misconduct nor does it deal with methods of discouraging such occurrences.

3. Definition. An attempt to bribe, for the purpose of this directive, is an offer to give something of value with the intent that the recipient will do something improper, or will fail to do something he should do, in discharging the duties of his position.

4. Policy. Any OSHA employee who solicits, accepts, or agrees to accept a bribe of any kind is subject to immediate dismissal and criminal prosecution. Bribe offers are often made indirectly and subtly, rather than in a direct fashion. OSHA employees must be perceptive and alert in recognizing such bribe overtures.

5. Action.

a. Any OSHA employee who has reasonable grounds for believing that an attempt to bribe him has been made should:

(1) Avoid any statement or implication that he will or will not accept the bribe, and try to hold the matter in abeyance.

(2) Report the incident at once to his immediate superior.

OSHA Instruction PER 3.2 October 30, 1978 -2-

(3) Submit to his immediate supervisor as soon as possible a written report stating the full circumstances concerning the matter.

(4) Cooperate fully in any ensuing investigation and avoid any unnecessary discussion of the case with anyone.

b. Any lower-level supervisor in receipt of such information should immediately inform the appropriate Regional Administrator, if such an incident occurs in the field, or the appropriate office Director, if such an incident occurs in the National Office.

c. The concerned Regional Administrator or Office Director will immediately inform the Deputy Assistant Secretary/Administrator.

d. Any OSHA employee who has reasonable grounds for believing that another OSHA employee has accepted or agreed to accept a bribe should immediately report the basis of such belief to his immediate supervisor. This information too should immediately be passed up the chain of command as described in b. and c. above.

e. Situations in which State employees under 7(c)1 agreements are suspected of accepting bribes shall be handled basically the same as situations involving Federal employees. The one exception is that State officials will conduct their own review. The OSHA Regional Administrator in each region involved should be kept informed as to the status of such reviews.

6. Filing. This directive is effective immediately and will be retained until cancelled or superseded.

Chain Robbins Deputy Assistant Secretary/Administrator

DISTRIBUTION: A-1 B-1 C-2 D-4 E-2

(Originator: OMA)