RD Instruction 2069-A

Table of Contents

PART 2069 - SAFETY AND INJURY COMPENSATION

Subpart A -- Rural Development Safety and Health Management Program

## TABLE OF CONTENTS

[Sec]{.underline}. [Page]{.underline}

2069.1 Purpose and scope. 1

2069.2 Authority. 1

2069.3 \[Reserved\] 1

2069.4 Policy. 1

2069.5 \[Reserved\] 2

2069.6 Definitions. 2

\(a\) Abatement. 2

\(b\) Accident. 2

\(c\) Appropriate personnel office. 2

\(d\) Collateral duty safety and health manager. 2

\(e\) Disabling injury. 2

\(f\) First aid. 2

\(g\) Rural Development property. 2

\(h\) Hazard. 2

\(i\) Imminent danger. 3

\(j\) Incidental operator. 3

\(k\) Injury. 3

\(l\) Occupational disease. 3

\(m\) Office. 3

\(n\) Operator. 3

\(o\) Other property. 3

\(p\) Private person. 3

\(q\) Property damage accident. 3

\(r\) Report of unsafe/unhealthful conditions. 3

\(s\) Reportable accident. 3

\(t\) Serious accident. 4

\(u\) Supervisor. 4

\(v\) Incident reporting system. 4

2069.7 Designation. 4

\(a\) Designated Safety and Health Official. 4

\(b\) Rural Development Safety and Health Manager. 4

\(c\) State Safety and Health Manager. 4

\(d\) Finance Office Safety and Health Manager. 4

(09-30-92) PN 192

RD Instruction 2069-A

Table of Contents

Page 2

[Sec]{.underline}. [Page]{.underline}

2069.8 Responsibility. 5

\(a\) Designated Safety and Health Official. 5

\(b\) Rural Development Safety and Health Manager. 5

\(c\) Assistant Administrator Accounting and Director

Finance Office, Division Directors, and\
State Directors. 6

\(d\) Finance Office Safety and Health Manager and

State Safety and Health Managers. 7

\(e\) Supervisors. 8

\(f\) Employees. 9

2069.9 - 2069.13 \[Reserved\] 10

2069.14 Safety and health training. 10

2069.15 Reporting and investigating accidents. 10

\(a\) General. 10

\(b\) Reporting serious accidents. 10

\(c\) Investigating officer responsibility. 11

\(d\) Conducting the investigation. 11

2069.16 Safety and health inspections. 12

\(a\) Inspection requirements and procedures. 12

\(b\) Minimum requirements. 12

\(c\) Correction of unsafe or unhealthy working conditions.13

\(d\) Employee report of unsafe or unhealthy working

conditions. 13

2069.17 Responsibility for safety management activities where

space is not controlled by Rural Development. 15

2069.18 - 2069.50 \[Reserved\] 15

## oOo 

RD Instruction 2069-A

PART 2069 - SAFETY AND INJURY COMPENSATION

Subpart A - Rural Development Safety and Health Management Program

§2069.1 [Purpose and scope]{.underline}.

\(a\) The objective of the Rural Development Safety and Health
Management Program (SHMP) is to prevent work related illnesses,
injuries, and property damage accidents in order to conserve and protect
Agency equipment, property, and human resources.

\(b\) The provisions of this Subpart apply to all Agency operations and
employees. This Subpart outlines safety and health policies for
administration of the Rural Development Safety and Health Management
Program.

§2069.2 [Authority]{.underline}.

The Designated Safety and Health Official represents the Administrator
in ensuring that the Rural Development Safety and Health Management
Program is developed and implemented in accordance with the Occupational
Safety and Health Act of 1970 (Public Law 91-596); Executive Order
12196; 29 Code of Federal Regulations (CFR) Part 1960; the Department
regulations and this Subpart. This responsibility and authority may
further be delegated to the Rural Development Safety and Health Manager.

§2069.3 \[Reserved\]

§2069.4 [Policy]{.underline}.

\(a\) Rural Development subscribes to and fully supports a program for
accident, injury and illness prevention. No job in Rural Development is
so important or service so urgent that time cannot be taken to plan and
accomplish the job in a safe and healthful manner.

\(b\) Managers and supervisors shall not knowingly place employees in
positions that may cause harm to these employees or others. Therefore,
it is the policy of Rural Development to:

\(1\) Provide a safe and healthful work environment for all Rural
Development employees, Federal contractors, and the general public using
its facilities, equipment or vehicles.

\(2\) Use every practical means to eliminate or reduce potential safety
and health hazards in its operations.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: WSDC Personnel

Safety and Injury

Compensation

## 1

(5-25-83) PN 882

RD Instruction 2069-A

7069.4 (b) (Con.)

\(3\) Provide for the safe maintenance and management of its property,
equipment and vehicles.

§2069.5 \[Reserved\]

§2069.6 [Definitions]{.underline}.

\(a\) [Abatement]{.underline}. The application of engineering or
administrative controls (e.g., enforcement or education) to eliminate,
reduce or control hazards in Rural Development workplaces.

\(b\) [Accident]{.underline}. An incident occurring due to errors in
performance of specific tasks by persons and/or machines in a particular
environment, sustained because of ineffective adjustments to hazards,
manifested by losses incurred and observable in the form of symptoms
such as pain, injury, damage, destruction, and interruption of the Rural
Development mission.

\(c\) [Appropriate personnel office]{.underline}. The Personnel Office
which processes personnel actions for the employee covered; i.e., the
Personnel Division for National Office employees; Personnel Office for
Finance Office employees and State Office for State, District and County
Office employees.

\(d\) [Collateral duty safety and health manager]{.underline}. The
collateral duty safety and health manager is an employee who (as one of
his/her many duties) has been assigned the responsibility of carrying
out certain tasks of the Rural Development Safety and Health Management
Program.

\(e\) [Disabling injury]{.underline}. A work injury which results in
loss of time away from work (other than the day of the injury) and/or
days of restricted work activity. (permanent total disability, permanent
partial disability, or temporary total disability).

\(f\) [First aid]{.underline}. The one-time treatment (and any follow-up
visit for observation) for a minor scratch, cut, burn, or splinter even
though provided by a physician or medical personnel at a medical
facility.

\(g\) [Rural Development property]{.underline}. The real estate,
buildings, vehicles, and equipment owned, leased, or loaned to Rural
Development and under its custody and control.

\(h\) [Hazard]{.underline}. The environmental and/or behavioral
obstructions to the safe and healthful performance of tasks by employees
and/or machines which might allow an unfavorable extent of chance,
danger, peril, or risk to affect an occurrence which may result in
injury, illness, or property damage.

## 2 

§2069.6 (Con.) RD Instruction 2069-A

\(i\) [Imminent danger]{.underline}. Any condition or practice which
exists in a place of employment and could reasonably be the cause of
death or serious physical harm (likely to occur at any moment).

\(j\) [Incidental operator]{.underline}. Any employee in other than an
operator position who is required to operate a motor vehicle in order to
properly carry out assigned duties.

\(k\) [Injury]{.underline}. A personal injury sustained by an employee
in the performance of duty.

\(l\) [Occupational disease]{.underline}. A disease caused by
environmental factors, the exposure to which is peculiar to a particular
process, trade, or occupation and to which an employee is not ordinarily
subjected or exposed outside of or away from such employment.

\(m\) [Office]{.underline}. A single physical location where Rural
Development business is conducted or where services or operations are
performed.

\(n\) [Operator]{.underline}. An employee who is regularly required to
operate a motor vehicle to carry out his/her assigned duties. This
includes (but is not limited to) a chauffeur, messenger, truck driver,
and security guard.

\(o\) [Other property]{.underline}. The real estate, buildings, and
equipment which are under the custody or control of another Federal
agency, or a private person, even though such may be occupied or owned
by Rural Development.

\(p\) [Private person]{.underline}. A person other than a Rural
Development employee.

\(q\) [Property damage accident]{.underline}. An accident which occurs
during work-related activities resulting in damage to either Government
and/or privately-owned property including damage to motor vehicles. When
property or equipment fails in use from normal wear and tear, and causes
injury or further damage, it should be classified as a property damage
accident.

\(r\) [Report of unsafe/unhealthful conditions]{.underline}. The
notification of a situation where an employee or a representative of an
employee believes there exists a violation of an occupational safety and
health standard or there is a potential working condition or practice
which may result in a work-related injury or illness.

\(s\) [Reportable accident]{.underline}. An incident occurring during
performance of official duties which results in:

\(1\) Occupation-related death, or

\(2\) Occupational illness which is: reported on Form CA-1, \"Federal
Employee\'s Notice of Traumatic Injury and Claim for Continuation of
Pay/Compensation,\" or Form CA-2, \"Federal Employee\'s Notice of
Occupational Disease and Claim for Compensation,\" or

## 3

## (Revision 1)

(5-25-83) PN 882

RD Instruction 2069-A

§2069.6 (s) (Con.)

\(3\) Occupational injury which is:

\(i\) reported on a Form CA-1,

\(ii\) requires transfer to another job,

\(iii\) results in restriction of work or motion,

\(iv\) involves loss of consciousness, and/or

\(v\) results in days away from work or days of restricted work
activity, or

\(4\) Damage to Rural Development property or damage to property in the
performance of official Rural Development activities.

\(t\) [Serious accident]{.underline}. A job-related accident resulting
in a fatality to one or more employees, the hospitalization of five or
more persons, or property damage of \$100,000 or more. (Revised 7-25-84,
PN 937.)

\(u\) [Supervisor]{.underline}. An employee having authority, in the
interest of Rural Development, to hire, transfer, lay off, promote,
discharge, assign, reward or discipline other employees; responsibility
to direct them or to adjust their grievance or effectively recommend
such action, if in connection with the foregoing; the exercise of
authority not of a merely routine clerical nature, but requiring the use
of independent judgment.

\(v\) [Incident reporting system]{.underline}. The Incident Reporting
System is part of the Department\'s Safety and Health Management
Information System, and is used for reporting on-the-job injury,
illness, motor vehicle, and property damage accidents. (Added 7-25-84,
PN 937.)

§2069.7 [Designation]{.underline}.

\(a\) [Designated Safety and Health Official]{.underline}. The Deputy
Administrator for Financial and Administrative Operations is the
Designated Safety and Health Official.

\(b\) [Rural Development Safety and Health Manager]{.underline}. The
Rural Development Safety and Health Manager develops and manages the
Rural Development Safety and Health management Program under the
direction of the Designated Safety and Health Official.

\(c\) [State Safety and Health Manager]{.underline}. Each State Director
will appoint a collateral duty safety and health manager to assist the
Rural Development Safety and Health Manager in the development and
implementation of the Rural Development Safety and Health Management
Program.

\(d\) [Finance Office Safety and Health Manager]{.underline}. The
Assistant Administrator Accounting and Director, Finance Office will
appoint a collateral duty safety and health manager to assist the Rural
Development Safety and Health Manager in the development and
implementation of the Rural Development Safety and Health Management
Program.

## 4

## (Revision 1) 

RD Instruction 2069-A

§2069.8 [Responsibility]{.underline}.

Occupational safety and health is the responsibility of each line
official, and each employee must share in this responsibility. No
manager shall subject an employee to restraint, interference, coercion,
discrimination, or reprisal by virtue of the employee\'s participation
in the Rural Development Safety and Health Management Program. Rural
Development officials and supervisors at all levels are responsible for
the safety and health of employees and property under their
jurisdiction. Each employee is responsible for conducting his/her work
activities in a safe and healthful manner. Specific responsibilities are
as follows:

\(a\) [Designated Safety and Health Official]{.underline}.

\(1\) Assures that the Rural Development Safety and Health Management
Program is designed to:

\(i\) reduce human and financial losses incurred from job-related
injuries, illnesses, and property damage incidents, and

\(ii\) comply with all applicable Federal legislation, Department
policy, regulations, and directives as noted in §2069.2 of this Subpart.

\(2\) Provides the necessary funding and qualified subordinate staff,
contracts, and management support to develop and manage a comprehensive
Rural Development Safety and Health Management Program.

\(3\) Assures that all employee reports of unsafe and unhealthful
working conditions and practices are evaluated and acted upon in a
timely manner.

\(4\) Assures that no employee is subject to any interference,
discrimination, or other type of reprisal for reporting unsafe and
unhealthful working conditions or for participating in the Rural
Development Safety and Health Management Program.

\(5\) Assures that safety and health education and training activities
are provided to all employees, with special emphasis on supervisory
personnel, collateral duty safety and health managers and employees
performing hazardous duties and assignments.

\(b\) [Rural Development Safety and Health Manager]{.underline}.

\(1\) Develops and implements an effective Rural Development Safety and
Health Management Program in accordance with Federal Legislation,
Standards, and Guidelines, and Department policy, regulations, and
directives as noted in §2069.2 of this Subpart.

## 5

(5-25-83) PN 882

RD Instruction 2069-A

§2069.8 (b) (Con.)

\(2\) Conducts and/or directs investigations and on-site reviews of the
safety and health, activities throughout Rural Development to determine
the effectiveness of the Rural Development Safety and Health Management
Program.

\(3\) Provides liaison between Rural Development management officials
and the Safety and Health Management Division of the Department.

\(4\) Plans and coordinates the delivery of safety and health education
and training Programs throughout Rural Development.

\(5\) Provides technical assistance and advice to Rural Development
management officials, supervisors, and employees concerning safety and
health hazards and program matters.

\(6\) Assures that periodic inspections of all Rural Development
workplaces are performed by qualified and properly equipped personnel
and provide for adequate employee representation during inspections.

\(7\) Completes and submits any annual or special safety and health
report which may be required by the Safety and Health Management
Division of the Department.

\(8\) Conducts Rural Development-wide informational and promotional
activities to improve the safety and health programs and/or to reduce
the injuries, illnesses, and property damage incidents which occur
throughout Rural Development.

\(9\) Collaborates with the Safety and Health Management Division of the
Department in the development and implementation of Department wide
safety and health projects and program evaluations.

\(10\) Supports the activities of Field Federal Safety and Health
Council (FFSHC) activities and stimulates Rural Development
participation in FFSHC meetings and programs.

\(11\) Assures that employee reports of unsafe and unhealthful working
conditions are evaluated and responded to in a timely manner and that
identified safety and health hazards found as a result of these reports
are corrected in accordance with 29 CFR Part 1960.

\(c\) [Assistant Administrator Accounting and Director Finance Office,
Division Directors, and State Directors]{.underline}.

\(1\) Build safety and health procedures into the operating Practices of
all supervisors and employees.

\(2\) Maintain a continuous accident prevention and health promotion
program.

\(3\) Assure that safety and health considerations are integrated into
job planning and execution activities.

## 6 

RD Instruction 2069-A

§2069.8(c) (Con.)

\(4\) Assure that each accident and employee report of unsafe and
unhealthful working conditions is evaluated and acted upon in accordance
with this Instruction and that corrective action is initiated in a
timely manner.

\(5\) Appoint a collateral duty Safety and Health Manager to serve as a
focal point for the Agency Safety and Health Management Program
activities and ensure that this appointment does not relieve other
managers, line or staff, of their safety and health responsibilities and
that this collateral duty Safety and Health Manager receives appropriate
training in occupational safety and health.

\(6\) Assure that employees are not subjected to any interference,
discrimination, or other type of reprisal for reporting unsafe and
unhealthful working conditions or participating in Agency Safety and
Health Management Program activities.

\(7\) Assure that accountability for Agency Safety and Health Management
Program activities are included in the performance standards of all
managers, supervisors, and employees.

\(d\) [Finance Office Safety and Health Manager and State Safety and
Health Managers]{.underline}.

\(1\) Plan, organize, and promote the Agency Safety and Health
Management Program throughout his/her organization.

\(2\) Implement Agency Instructions, policies, and procedures for the
Agency Safety and Health Management Program and report any problems to
the Agency Safety and Health Manager.

\(3\) Conduct annual safety and health inspections and direct
investigations and onsite reviews of all Agency activities and
facilities to determine unsafe and unhealthful practices of workers and
conditions of equipment and facilities.

\(4\) Ensure that all appropriate data from the USDA Modified Forms
CA-l, CA-2, CA-6, \"Report of Fatality,\" Standard Form (SF)-91A,
\"Investigation Report of Motor Vehicle Accident,\" and AD-872,
\"Property Damage Incident,\" is properly recorded in the Incident
Reporting System (IRS) within 3 days of the receipt of such data. For
further information, refer to USDA Departmental Regulation\
4450-1, \"Incident Reporting System,\" (available in all State Offices).
(Revised 7-25-84, PN 937.)

\(5\) Recommend safety and health training programs to the Agency Safety
and Health Manager to meet the needs of the State Office or the Finance
Office.

\(6\) Provide assistance to supervisors and employees to aid them in
meeting their Agency Safety and Health Management Program
responsibilities.

## 7

## (Revision 2)

(5-25-83) PN 882

RD Instruction 2069-A

§2069.8(d) (Con.)

\(7\) Promote and conduct safety and health campaigns, information
exchanges, and Recognition programs to maintain interest and activity in
the Agency Safety and Health Management Program.

(Revised 09-04-96, PN 265.)

\(8\) Promptly review accident cases resulting in damage to the
Government, private property or accidents resulting in injuries.

\(9\) Promptly review all accident reports to identify and correct
causes of damage to the Government, private property and injuries and
illnesses to Agency employees.

\(10\) Assure that the following posters, notices, and/or plans are
appropriately displayed in each physical facility:

\(i\) Occupational Safety and Health Protection for Federal Employees.

\(ii\) Form CA-10, \"What a Federal Employee Should Do When Injured at
Work.\"

\(iii\) The name and location of the nearest medical facility.

\(iv\) The evacuation plan for fire and emergency situations.

\(11\) Participate in and support, to the extent practical, FFSHC
activities as required by 29 CFR, Part 1960. Subpart K, §1960.88.

\(e\) [Supervisors]{.underline}.

\(1\) Ensure that Agency employees are provided safe and healthful
working conditions.

\(2\) Monitor all facilities and equipment to assure that conditions are
established and maintained to the fullest extent possible.

\(3\) Assure that Agency equipment and operating practices afford
maximum safety and minimum health hazards to employees at all times.

\(4\) Review safety instructions with new employees as part of their
\"orientation-to-the-job.\"

\(5\) Inform employees of their rights under Public Law 93-416, 5 U.S.C.
Title 5, Chapter 81, the Federal Employees Compensation Act (FECA),
which outlines the Office of Workers\' Compensation Programs (OWCP).

\(6\) Assist employees in obtaining adequate initial medical attention
for job-related injuries and illnesses.

## 8

## (Revision 2) 

RD Instruction 2069-A

§2069.8 (e) (Con.)

\(7\) Investigate and report within 24 hours all accidents/
injuries/illnesses following the requirements of Departmental Regulation
Number 4450-1, \"Incident Reporting System,\" (available in all State
Offices). (Revised 7-25-84, PN 937.)

\(8\) Assure that all employees are counseled on the regulations
covering safe motor vehicle operation as provided in this Subpart, GSA
Commercial Motor Vehicle Management and USDA Driver-Operator Guide.

\(9\) Inform operators and incidental operators of Government-owned,
privately-owned or leased vehicles of their financial responsibility in
case of an accident.

\(10\) Take immediate action to suspend the authority of subordinates to
operate a vehicle on official business whenever their driving behavior
is believed to constitute a danger to themselves, others, and/or
property. (See USDA Driver Operator Guide and DPM Chapter 930,
Subchapter 1.)

\(11\) Provide defensive driver training for employees who are required
to operate a motor vehicle in the performance of their job duties.

\(12\) Provide and assure proper use of personal protective equipment
for hazardous job operations.

\(f\) [Employees]{.underline}.

\(1\) Maintain a high degree of safety and health awareness so that work
can be accomplished without the occurrence of injury, illness, and/or
property damage incidents.

\(2\) Use personal protective equipment and other devices provided by
Rural Development.

\(3\) Obey prescribed safety rules and regulations.

\(4\) Report any unsafe and unhealthful working conditions to
supervisors immediately and take prompt action to correct such
conditions, if possible.

\(5\) Notify supervisors immediately if they are involved in an accident
or suffer any injury or illness in the line of duty.

\(6\) Follow requirements of RD Instruction 2069-B pertaining to OWCP
benefits and procedures for reporting injuries, obtaining medical care,
and submitting reports and claims for benefits.

## 9

## (Revision 2)

(5-25-83) PN 882

RD Instruction 2069-A

§§2069.9 - 2069.13 \[Reserved\]

§2069.14 [Safety and health training]{.underline}. (Revised 09-30-92, PN
192.)

\(a\) Safety and health training, as appropriate, shall be provided to
all Rural Development employees.

\(b\) The Finance Office Safety and Health Manager and all State Safety
Health Managers shall receive training in accordance with 29 Code of
Federal Regulations Part 1960, Subpart H, section 1960.58.

\(c\) A sufficient number of employees shall be provided first-aid
training and shall complete the standard Red Cross or an equivalent
first-aid course. Exceptions to this requirement occur only where there
are one or two-person offices; or where a staffed infirmary, clinic, or
hospital is situated within 4 minutes travel time. Each Rural
Development office (State, District, County, etc.) will have a first-aid
kit in an accessible location if a health unit is not located in the
building.

§2069.15 [Reporting and investigating accidents]{.underline}.

\(a\) [General]{.underline}. Department regulations and RD Instruction
2042-B prescribe accident-reporting and investigating requirements. All
accidents occurring during the performance of official duties must be
reported completely and promptly (within 24 hours of duty date). All
accidents must be investigated thoroughly so that preventive or
corrective measures can be taken. Reports must be complete and all
pertinent facts concerning the accident, including names and addresses
of witnesses and copies of local police reports, must be gathered so
that legal determination can be made as to whether the employee acted
within the scope of his/her employment.

\(b\) [Reporting serious accidents]{.underline}.

## 10

## (Revision 2) 

RD Instruction 2069-A

§ 2069.15(b) (Con.)

\(1\) [National Office]{.underline}. Serious accidents involving
National Office employees shall be reported promptly by telephone
through supervisory channels to the Rural Development Safety and Health
Manager who will report the accident by telephone or telegraph to the
appropriate Office of Inspector General (OIG), (see Exhibit B of RD
Instruction 2012-A), and the Safety and Health Management Division of
the Department within 24 hours. (Revised 10-06-99,\
PN 311.)

\(2\) [Finance Office and Field Offices]{.underline}. Serious accidents
involving employees from the Finance Office and field offices shall
immediately be reported through supervisory channels to either the
Finance Office Safety and Health Manager or the appropriate State Safety
and Health Manager who will promptly report the accident to the Rural
Development Safety and Health Manager within 24 hours who will in turn
report the accident to the Safety and Health Management Division of the
Department within 24 hours. (Revised 6-15-88, PN 87.)

\(3\) [Reporting a serious accident]{.underline}. The following
information is required when reporting a serious accident: (1) Names,
(2) Date of accident, (3) Location, (4) Type of accident, (5) Estimate
of damage, (6) Extent of injury, (7) Probable cause of the accident, and
(8) Corrective action initiated to prevent future accidents, if
necessary.

\(c\) [Investigating officer responsibility]{.underline}. The
investigating officer is responsible for the investigation, preparation,
and submission of reports to the appropriate personnel office. When it
is impractical to personally conduct an investigation because of
distance or cost involved, arrangements should be made for another Rural
Development employee to conduct the investigation. The employee(s)
involved in the accident shall not conduct the investigation.

\(d\) [Conducting the investigation]{.underline}. A thorough
investigation of the accident and its causes must be conducted so that
corrective action can be taken to prevent similar or related accidents,
and any claim arising from the accident can be properly adjudicated. The
person responsible for conducting the investigation shall:

11

(Revision 4)

(5-23-83) PN 882

RD Instruction 2069-A

§ 2069.15(d) (Con.)

\(1\) Make an immediate and unbiased effort to determine all pertinent
facts and circumstances of the accident.

\(2\) Determine the principal and contributory factors that caused the
accident.

\(3\) Determine the nature and extent of injuries sustained by persons
involved in the accident.

\(4\) Determine whether protective devices such as safety belts were
available and used.

\(5\) Furnish and estimate (in dollars) damage to Rural Development or
other property.

§ 2069.16 [Safety and health inspections]{.underline}.

In accordance with the Occupational Safety and Health Administration
(OSHA), 29 CFR, and USDA Safety Management Facilities Inspection Guide,
Section 2301 standard and regulation, general office inspections are
required during each fiscal year. (Revised 03-16-94, PN 220.)

\(a\) Inspection requirements and procedures. This section provides
requirements for a program of safety and health inspections of frequent
and planned intervals to uncover and eliminate hazards before they
contribute to employee accidents or illness.

\(b\) Minimum requirements.

\(1\) The appropriate collateral duty safety and health manager shall:

\(i\) Carefully inspect all Rural Development operations and evaluate
the safe and healthful work practices of employees;

\(ii\) Inspect all Rural Development equipment, vehicles, and facilities
to pinpoint actual or potential safety and health hazards;

\(iii\) Discuss safety and health matters with employees and supervisors
during each inspection; and

\(iv\) Where possible, take immediate action to correct any unsafe or
unhealthful working condition or practice.

## 12

## (Revision 4) 

RD Instruction 2069-A

§2069.16 (b) (Con.)

\(2\) A comprehensive inspection of all offices shall be made annually
(fiscal year) by the appropriate collateral duty safety and health
managers. The Rural Development Safety and Health Manager will
periodically conduct field reviews and inspections to evaluate the
effectiveness of State programs. (Renumbered 03-16-94,\
PN 220.)

\(3\) The appropriate collateral duty safety and health manager shall be
in charge of inspections and interview employees and supervisors to
gather information concerning normal working conditions and practices;
Division or Staff Directors; Director, Finance Office; State Directors
(or a designated representative), and a representative of employees
shall be given an opportunity to accompany the inspector during any
safety and health inspection, both to aid the inspector and to provide
more detailed knowledge about any existent or potentially unsafe or
unhealthful working conditions.

12A

(Added 03-16-94, PN 220)

(5-23-83) PN 882

§2069.16 (d) (3) (Con.) RD Instruction 2069-A

\(4\) A copy of the interim and final inspection report shall be sent to
the Division or Staff Director, Director, Finance Office, State Director
and the designated representative of the employees. The original will be
sent to the Rural Development Safety and Health Manager. The report
shall be used to furnish data in accordance with Executive Order 12196;
29 CFR Part 1960, Subpart-I, Sections 1960.66 through 1960.75 and as
prescribed by USDA Regulations (4400 Series).

\(5\) All facilities which are customarily open to the public shall be
inspected using the same criteria as for offices.

\(6\) Safety and Health inspection records shall be maintained for 5
years following the calendar year in which the onsite inspection was
completed.

\(c\) [Correction of unsafe or unhealthy working
conditions]{.underline}.

\(1\) Each Division or Staff Director, the Director, Finance Office, and
each State Director have primary responsibility for correction of unsafe
or unhealthful working conditions.

\(2\) Each Division or Staff Director, State Director and Director,
Finance Office shall: immediately submit an abatement plan to the
Designated Safety and Health Official for any unsafe and unhealthful
working condition which can not be corrected within a 30 day period. The
plan shall contain an explanation as to the circumstances of the delay
in abatement, a proposed timetable for the abatement, and a summary of
steps being taken in the interim to protect the employees from being
injured.

\(3\) Post a notice of an unsafe and unhealthful working condition on or
near the location of this hazardous condition and keep this notice
posted until the unsafe and unhealthful working condition is corrected.

\(d\) [Employee report of unsafe or unhealthy working
conditions]{.underline}.

\(1\) Many safety management problems can be eliminated as soon as they
are identified through informal communication between an employee and
the supervisor.

\(2\) Any employee or designated representative of an employee who
believes that an unsafe or unhealthful working condition exists is
authorized to request an inspection by giving notice of alleged unsafe
or unhealthful working conditions to the appropriate collateral duty
safety and health manager. The report should be in writing, should
identify the problem, should be signed by the

## 13

(5-25-83) PN 882

RD Instruction 2069-A

§2069.16 (d) (2) (Con.)

employee(s) or designated representative of the employee(s), and should
indicate whether they want their names to he kept confidential. In the
case of imminent danger, an employee shall be allowed to make a
report(s) by telephone and submit it in writing as soon as it is
practical thereafter.

\(3\) The appropriate collateral duty safety and health manager or the
Rural Development Safety and Health Manager shall consider the report
and determine within 24 hours after receipt whether there are reasonable
grounds to believe that the alleged unsafe or unhealthful working
condition exists. After a determination is made, an inspection shall
occur within 24 hours. If the inspector is unable to locate the alleged
unsafe or unhealthful working condition(s), without the assistance of
the employee who submitted the report, the appropriate collateral duty
safety and health manager (if other than the inspector) may give the
inspector the name of the employee or representative of the employee
submitting the report. The names of individual employee(s) referred to
in the report will not be disclosed to anyone else.

\(4\) If the appropriate collateral duty safety and health manager or
the Rural Development Safety and Health Manager determines that there
are no reasonable grounds to believe an unsafe or unhealthful working
condition exists, or if an inspection is made on the basis of a report
alleging such conditions, but no such condition is determined to exist,
the employee or designated representative of employee(s) who filed the
report shall be notified in writing. Any determination made during this
review process should be in the form of written statement(s) setting
forth the reasons for such disposition. The employee(s) or designated
representative of the employee(s) shall be informed of the rights and
procedures for appealing the decision in accordance with 29 CFR, Part
1960.

\(5\) Any employee(s) or designated representative of the employee(s)
who filed a report alleging an unsafe or unhealthful working condition,
and is dissatisfied with Rural Development\'s disposition may forward
the report to the Chief, Safety and Health Management Division, (USDA),
for consideration. Should the disposition still be unsatisfactory, the
employee may contact, in writing, the following office:

Office of Federal Agency Safety Programs

U. S. Department of Labor

Washington, D.C. 20210

(Rural Development encourages employees to first utilize the Rural
Development Safety and Health Manager Program before contacting the
Department of Labor; however, an employee or designated representative
may send their report directly to the Secretary of Labor).

## 14 

RD Instruction 2069-A

§2069.17 [Responsibility for safety management activities where space is
not controlled by Rural Development]{.underline}.

Space which is leased to Rural Development or that for which the General
Services Administration, other Federal or non-Federal Agency has
assigned responsibility, does not relieve Rural Development of
responsibility for operation of the Rural Development Safety and Health
Management Program within the occupied area. Contracts for leasing of
space must provide that the space meets all applicable Rural Development
and Department of Labor Standards. Also, the lessor must correct all
violations to such standards in a timely manner.

§§2069.18 - 2069.50 \[Reserved\]

oOo

## 15

(5-25-83) PN 882