Executive Order 12196
5 -- Federal Civilian Personnel
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
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 of the Occupational
Safety and Health Act (``the Act'') 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
1 - 2. Heads of Agencies.
1 - 201. The head of each agency shall:
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,
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:
[Sec. 1 - 401 amended by EO 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR,
1987 Comp., p. 245]
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. 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
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.
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
1 - 602. In order to assist the agencies in carrying out their duties
under Section 19 of the Act and this order the Administrator shall:
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, 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.
[Sec. 1 - 704 amended by EO 12223 of June 30, 1980, 45 FR 45235, 3 CFR,
1980 Comp., p. 268]
Editorial note: The Federal Advisory Council on Occupational Safety and
Health was continued until Sept. 30, 1991, by Executive Order 12692 of
Sept. 29, 1989, 54 FR 40627, 3 CFR, 1989 Comp., p. 238. Executive Order
12692 also provides that, notwithstanding the provisions of any other
Executive order, the functions of the President under the Federal
Advisory Committee Act which are applicable to the Council, except that
of reporting annually to Congress, shall be performed by the Secretary
of Labor in accordance with guidelines and procedures established by
the Administrator of General Services.
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