Directives - Table of Contents|
| Record Type:||Instruction|
| Directive Number:||ADM 03-00-004|
| Old Directive Number:||ADM 8-0.4|
| Title:||Non-Policy Issuances|
| Information Date:||12/11/2000|
|DIRECTIVE NUMBER: ADM 8-0.4||EFFECTIVE DATE: Dec. 11, 2000|
|SUBJECT: Non-Policy Issuances|
|Purpose:||To describe and implement OSHA's system for managing its non-policy issuances (NPI).
|References:||OSHA Instruction ADM 8-0.2, OSHA Policy Issuances; OSHA Instruction ADM 8-0.3, OSHA Directives System; OSHA Instruction ADM 12-0. 1, OSHA Classification System;ADM 1-0.20,OSHA Internet and Intranet Policies and Guidelines.
|State Impact:||This Instruction is not a Federal Program Change requiring State adoption or response, but States are encouraged to consider its implications for their operations.
|Action Offices:||National, Regional and Area Offices
|Originating Office:||Office of Management Systems and Organization, DAP
|Contact:||OSHA Directives Officer, Office of Management Systems and Organization (OMSO), DAP|
|Written procedures for preparation and clearance of each class of non-policy issuances (NPI) must:|
|1.||Specify members of the class of NPI covered by the procedure and provide examples, as necessary, of issuances falling within the class definition.|
|2.||Refer the reader to OSHA Instructions ADM 8-0.2, 8-0.3 and 8-0.4, as appropriate.|
|3.||Fix responsibility for Directorate, Regional or Office training in NPI procedures, to ensure that the established clearance procedures and processes for that class of NPI are understood and consistently applied.|
|4.||Fix responsibility for managing proposed non-policy issuances of the covered class through the prescribed preparation, review and clearance process.|
|5.||Identify all mandatory review and Clearance Officials (intra- and extra-organizational) for issuances of the covered class.|
|6.||Specify any Directorate, Regional or Office formatting requirements for the covered class of NPIs. (Provide examples, as necessary.)|
|7.||Require that all reviewers of proposed issuances are provided specific due dates for review and clearance of proposed issuances and indicate the official to whom requests for additional time should be addressed.|
|8.||Require that copies of appropriate policy and other background information necessary to assure that the proposed issuance is understood and considered are provided to each Clearance Official.|
|9.||Require, and establish means for assuring that the views of subordinate staff, mandatory and other appropriate clearance officials, and the Office of the Solicitor, as appropriate, are obtained and considered in the clearance and revision process.|
|10.||Specify the Directorate, Regional or Office official authorized to approve the release of the class of NPI.|
|11.||Specify the Directorate, Regional or Office official responsible for maintaining, in a manner providing for easy retention and retrieval, records documenting the views and clearance of each clearance official. ( The retention of such records is governed by OSHA Records Disposition Schedules).|
|12.||Specify the Directorate, Regional or Office official responsible for maintaining and updating the procedure, and for providing a copy of the procedure and each amendment thereto to the Director, Administrative Programs.|
|Does the Proposed Issuance...||Then...|
|1. Establish new policy or procedure (CFR, FR or Directive)?|| 1. If YES, STOP. Prepare for publication in the CFR or FR or for issuance as an OSHA Directive. See ADM 8-0.2 and ADM 8-0.3. Consult Assistant Secretary, SOL, Directives Officer, as appropriate.
2. If NO, proceed to next question.
|2. Amend established policy or procedure (CFR, FR or Directive)?||Same as 1., above.|
|3. Interpret the OSH Act of 1970?||Same as 1., above.|
|4. Delegate or assign authority or responsibility, or change such?||Same as 1., above.|
|5. Establish or change organizational structure?||Same as 1., above.|
|6. Revise or cancel an OSHA Directive?||Same as 1., above.|
|7. Establish a recurring report or reporting format?||Same as 1., above.|
|8. Provide information that is consistent with all current policy (CFR, Directives) and relevant non-policy (LI, advisors, or other published or web-posted materials) issuances?|| 1. If YES, proceed to Appendix C, following.
2. If NO, STOP. Reconsider the NPI, prepare for publication in the CFR or FR or for issuance as an OSHA Directive; cancel or amend conflicting or inconsistent policy and non-policy issuances, as appropriate.
|1. Is there a written procedure for processing and formatting NPIs originated within your Directorate, Region or Office that is in conformity with the provisions of ADM 8-0.4?|| 1. If YES, review the procedure and prepare a draft of the NPI accordingly.
2. If NO, STOP. Consult Directorate, Regional or Office management (and the OSHA Directives Officer or Liaison), as appropriate, to obtain guidance; prepare procedure and train staff in its application.
|2. Have the views of subordinate staff and the anticipated reception by significant stakeholders been considered in developing the pre-clearance draft?|| 1. If YES, proceed.
2. If NO, STOP. Consult with Directorate, Regional or Office management to obtain input, revise pre-clearance draft in consideration of such input, and proceed.
|3. Does the proposed NPI deal with subject matter that resides exclusively within the scope of authority of the originating Directorate, Region or Office with its impact limited to the originating Directorate, Region or Office?|| 1. If YES, proceed.
2. If NO, STOP. Consult with affected/ responsible Directorates, Regions and/or Offices, national or regional OSOL, the Management Team or A/S, as appropriate, and proceed in consideration of their advice.
|4. Have all mandatory and other appropriate clearance/review offices or individuals internal and external to the Directorate, Region or Office been identified?|| 1. If YES, proceed.
2. If NO, STOP. Consult with Directorate, Regional or Office management to identify same.
|5. Has an appropriate disclaimer statement, as required by ADM 8-0.4 been included?||1. If YES, proceed.
2. If NO, STOP. Consult with Directorate, Regional or Office management, national or regional OSOL, etc., as appropriate, include appropriate disclaimer language, and proceed.
|6. Has all other relevant background material, including program-related and Agency-wide policy implications of the proposed NPI, been provided and highlighted with the draft prepared for clearance?|| 1. If YES, proceed.
2. If NO, STOP. Consult with Directorate, Regional or Office management, and highlight in the package of materials provided to mandatory and other clearance officials all such information.
|7. Are all related OSHA policy and non-policy issuances explicitly referenced in the draft prepared for clearance?|| 1. If YES, proceed.
2. If NO, STOP. Amend draft NPI to cite explicit references.
|8. Is reasonable time provided to allow clearance officials a thorough review, considering the exigencies of the matter and the complexity, novelty or implications of the issues addressed in the proposed NPI?||Directorate, Regional or Office management should accommodate any reasonable requests for extensions of review time based on circumstances attending the NPI.|
|9. Has an individual been assigned to manage the review/clearance of the proposed NPI, including the tracking and consideration of reviewer comments and suggestions, and calling to the attention of Directorate, Regional or Office management any issues, especially critical policy issues, raised in the review process?|| 1. If YES, proceed.
2. If NO, STOP. Have this task assigned to a qualified individual and proceed.
|10. Have technical, program-related and Agency-wide policy issues (including conflicts or inconsistencies between the proposed NPI and other OSHA policy issuances or NPIs) and the concerns of Clearance Officials and other reviewers been discussed and resolved at an appropriate management level?|| 1. If YES, proceed.
2. If NO, STOP. Inform and advise Clearance Officials and other reviewers, National or regional OSOL, the OSHA Management Team, and the A/S, as appropriate, on issues and recommendations for resolution. Redraft and reclear NPI as appropriate.
|11. Has the reviewed issuance been recirculated for clearance with comments when such comments result in the proposed NPI being amended?|| 1. If YES, proceed.
2. If NO, STOP. Recirculate amended NPI for review and clearance.
|12. Has cleared NPI been approved by an authorized issuing official (See B. 1., above)?|| 1. If YES, issue.
2. If NO, STOP. Reconsider, redraft, reclear, as appropriate.
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