NAO 209-1

NOAA SAFETY POLICY

Effective: 08/20/04; Issued: 10/06/04 (reprint)

SECTION 1. PURPOSE.

This Order delineates the roles, responsibilities, and processes necessary to promote a safe work environment for all employees of the National Oceanic and Atmospheric Administration (NOAA) as well as NOAA contractors. The Order complies with Executive Order 12196 (Occupational Safety and Health Programs for Federal Employees), 5 U.S.C. 7902, "Safety Programs," and Sections 19 and 24 of the Occupational Safety and Health (OSH) Act of 1970.

SECTION 2. POLICY.

NOAA shall provide a workplace environment free of known hazards that could place employees at risk of injury. The goal of NOAA's Safety Program is zero accidents. This Policy is predicated on several underlying principles:

a. People are our most important resource, and their safety and the safety of their work environment are NOAA's first responsibility.

b. All accidents are preventable.

c. The ultimate success of any safety program depends on supervisors/managers (hereinafter referred to as "managers") and employees being responsible and accountable for providing, maintaining, and actively improving workplace safety--in other words, making safety a priority.

SECTION 3. RESPONSIBILITIES.

.01 The Under Secretary of Commerce for Oceans and Atmosphere (NOAA Administrator) and Deputy Under Secretary (DUS) shall provide top management support to the development and implementation of a comprehensive NOAA occupational safety and health program (Safety Program) consistent with Sections 19 and 24 of the Occupational Safety and Health Act (OSHA), 5 U.S.C. 7902, and Executive Order 12196; and shall hold senior management accountable for fulfilling their safety program responsibilities, including ensuring that appropriate performance criteria addressing safety responsibilities are incorporated into workplans and performance reviews.

.02 The NOAA Executive Council (NEC) shall review all serious safety incidents (as specified under Section 4 of this Order) and ensure that appropriate corrective actions are being taken to address both the conditions underlying and/or contributing to the specific incident and any NOAA-wide policy and procedure changes needed to prevent future incidents.

.03 The NOAA Chief Administrative Officer (CAO), as the NOAA Designated Agency Safety and Health Official (DASHO) under 29 CFR 1960.6, is responsible for ensuring the development of a comprehensive safety and health program that complies with all applicable federal and Department of Commerce safety and health standards. The CAO also serves as the NOAA representative on the Department of Commerce Safety Council, and chairs and coordinates the activities of the NOAA Safety Council.

.04 The Director of the Environmental Compliance/Health/Safety/Security Office (ECHSSO), who reports to the CAO, and to the DUS (on significant safety matters requiring DUS attention), shall be responsible for developing and administering NOAA's Safety Program. Specific responsibilities of the Director ECHSSO include the following:

a. Ensures that Safety Program responsibilities are incorporated into performance criteria for NOAA managers and employees.

b. Establishes requirements for safety training programs across NOAA (including training for individuals involved in conducting safety investigations), concerning both frequency and required content, to ensure compliance with NOAA-wide safety policy; and implements appropriate monitoring systems to assess compliance with these requirements. Ensures that training programs developed by Line/Staff Offices comply with NOAA-wide safety policy. Provides technical assistance and training concerning health and safety issues across NOAA. Assesses the staff technical competencies required within ECHSSO to fulfill the requirements of the Safety Program, and implement necessary training programs to ensure a skilled ECHSSO workforce.

c. Conducts annual program baseline assessments and develops resource plans, with specific performance measures and milestones for NOAA-wide requirements.

d. Ensures that safety performance measurement systems are developed and implemented, and that regular safety performance data reports are prepared for NOAA senior management. Such reports are designed to measure both the overall progress toward NOAA's goal of zero accidents, as well as the progress of individual components within NOAA; and to identify additional actions necessary to achieve incremental progress toward this goal.

e. In concert with the NOAA facilities program, develops and implements an ongoing program of assessments to ensure that NOAA work sites and personnel are in compliance with safety policies and standards. This responsibility includes identifying appropriate criteria to prioritize the criticality of deficiencies identified, monitoring the development and implementation of corrective action plans to address identified deficiencies or issues of non-compliance, and reporting on the results of the assessments and progress in taking corrective actions.

f. Develops and implements a Safety Incident Investigation Program, under the general provisions established in Section 4 of this Order, that supports the expeditious and effective investigation of safety incidents, and implementation of effective corrective actions.

g. Ensures that all construction/repair projects comply with appropriate safety and environmental compliance standards.

h. Ensures that the NOAA Safety Program and Safety Policy continue to comply with all applicable federal and Department of Commerce standards. Establishes supplemental guidance, as necessary, to assist in implementing this Policy.

i. Elevates safety and health compliance issues to senior management with recommendations for resolution as necessary to ensure compliance.

.05 The NOAA Safety Council shall be chaired by the CAO, and shall, in partnership with the CAO, assist in implementation of the NOAA Safety Program. Specifically, the NOAA Safety Council shall perform the following functions:

a. Review and comment on the NOAA Strategic Plan to ensure that safety is appropriately addressed.

b. Assist in the development of the annual program baseline assessment (PBA) and program plan for the NOAA Safety Program, and review PBAs and program plans for each goal to ensure that safety is appropriately addressed.

c. Review proposed changes in the NOAA Safety Policy or other supplemental guidance, and recommend changes, as appropriate.

d. Identify opportunities for NOAA-wide improvements in the Safety Program.

e. Review and approve annual Line/Staff Office safety action plans and performance measures to ensure that these support the NOAA Safety Program.

.06 NOAA Assistant Administrators (AAs), Deputy AAs, and Staff Office Directors have overall responsibility for promoting the goals and implementing the requirements of the NOAA Safety Program within their organization. They are responsible for the safety of their employees and operations as follows:

a. Ensure safety policies, procedures, and training programs are established, implemented, and maintained within their organization as an integral part of business operations and facilities.

b. Ensure that Safety Program responsibilities are incorporated into Line/Staff Office management performance criteria, and that all personnel understand and carry out their safety responsibilities as specified under the NOAA Safety Policy.

c. Designate a safety officer, who will report to the DAA or Staff Office Director on safety program issues, to provide leadership and support to the safety program within their organization, and to work in cooperation with the ECHSSO in supporting the NOAA Safety Program.

d. Ensure that safety program requirements are integrated within their program planning and budgeting. Prepare and submit annual safety action plans with performance measures to ECHSSO as part of the program baseline assessment process.

e. Fulfill their responsibilities defined in the Exhibit to this Order with respect to safety incident investigation.

f. Submit the following reports to ECHSSO:

1. Quarterly compliance reports on the following requirements:

(a) Manager/employee training, and

(b) Manager conduct of safety assessments and reports.

2. Monthly status report on progress in implementing corrective actions approved to address safety incidents. (NOTE: More frequent reporting on corrective action status may be required in specific situations, as determined by ECHSSO.)

.07 Managers at all levels of the organization are responsible for actively promoting and protecting the safety of NOAA employees and the public by providing safe workplaces and operations. To fulfill this responsibility, each manager is responsible for, at a minimum, the following:

a. Ensure that employees are provided appropriate safety training in compliance with the NOAA standards.

b. First-line managers shall conduct safety assessments at least monthly (or more often as warranted by type of work or workplace conditions) and prepare safety assessment reports. Safety assessment reports shall document safety rule violations, unsafe acts, and unsafe conditions; and shall document corrective actions to be taken and responsible parties. Managers shall request technical assistance from their respective office safety manager in assessing unsafe conditions beyond the manager's ability (e.g., ventilation surveys of laboratory hoods, industrial hygiene surveys to measure employee exposures to chemicals and noise). Managers retain the responsibility for ensuring assessments are completed and for addressing corrective actions.

c. Second-level managers shall review safety assessment reports and take appropriate measures (including, as warranted follow-up assessments) to ensure that violations and unsafe conditions/acts have been appropriately addressed.

d. Managers shall report all safety incidents within 24 hours to the management level responsible for conducting the incident investigation (see the Exhibit to this Order) and to the Director of ECHSSO; and shall cooperate in the investigation of incidents. Serious accidents shall be reported as soon as possible, but no later than eight working hours of incident occurrence.

e. Managers shall actively discuss safety concerns and the importance of safety in the workplace with employees.

.08 Employees are a critical component of an effective NOAA Safety Program.

a. Each employee has the following responsibilities:

1. Comply with established safety rules and policies, including the attendance at required safety training.

2. Promptly report all unsafe conditions and safety incidents to their immediate supervisor. Immediately correct unsafe conditions and unsafe acts that are under their control. Submit a CD-351 when time permits to control the risk.

3. Perform their work in such a manner as not to jeopardize the safety and health of themselves, fellow workers, or the public. Following safe procedures is a condition of employment for all employees.

b. Employees have the right to decline to perform their assigned task because of a reasonable belief that the task or situation poses an imminent risk of death or serious bodily harm, and that there is insufficient time to reduce the risk through normal hazard reporting and abatement procedures. If time permits, employees shall report the situation to their supervisor to control the risk (e.g., submitting a CD-351). Employees may not decline to perform a task that is part of their normal duties. Normal duties include hazardous duty assumed by employees as part of their employment position, and for which an employee is receiving hazardous duty pay or other benefits consistent with the terms of NOAA's Premium Pay Handbook or for whom hazardous duty was considered in the classification of their position. The employee's right to decline a task shall not take precedence over an aircraft commander's or ship captain's ultimate responsibility to make command decisions to protect the safety of the crew and aircraft or vessel while underway, in response to an emergency, or in the performance of normal duties.

SECTION 4. SAFETY INCIDENT INVESTIGATION PROGRAM.

The purpose of the safety incident investigation program is to understand the underlying/contributing conditions that led to or contributed to the occurrence of a safety incident, identify appropriate corrective actions that must be taken to address these underlying/contributing conditions, and implement timely and effective corrective actions. Investigations of safety incidents shall be conducted by the NOAA management level appropriate to ensure the timely and effective correction and resolution of the underlying/contributing conditions that led to the safety incident. All incidents shall be reported within 24 hours of the incident occurrence to the management official responsible for conducting the incident investigation and to ECHSSO. Serious incidents shall be reported as soon as possible, but no later than eight working hours of incident occurrence. All incident reports and corrective action plans will be completed in compliance with the Exhibit to this Order.

SECTION 5. SAFETY PROGRAM PERFORMANCE MEASURES.

Compliance with this Policy will be measured by tracking the number and severity of safety incidents, the number of lost workdays, property losses, and other incident-related performance measures (including the number of corrective actions timely completed) developed by the CAO in partnership with the Safety Council.

SECTION 6. SUPPLEMENTAL GUIDANCE.

Safety health policies and procedures developed by the Line/Staff Offices to supplement this Policy and to address unique situations/issues faced by their offices shall be consistent with this Policy. Any procedures developed to assist in the implementation of this Policy shall be consistent with this Policy and shall be issued in separate guidance and be developed in partnership with the NOAA Safety Council.

SECTION 7. AUTHORITIES.

.01 Occupational Safety and Health Act of 1970, Sections 19 and 24, as amended (29 U.S.C. 668 and 673).

a. 29 CFR Part 1910, "Occupational Safety and Health Standards."

b. 29 CFR Part 1926, "Safety and Health Regulations for Construction."

c. 29 CFR Part 1960, "Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters," as amended.

.02 5 U.S.C 7902, "Safety Programs."

.03 E.O. 12196, "Occupational Safety and Health Programs for Federal Employees," as amended.

.04 "Record Keeping and Reporting Guidelines for Federal Agencies," as published in OSHA Instruction FAP 1.3, Appendix B.

SECTION 8. EFFECT ON OTHER ISSUANCES.

This Order supersedes any policies previously in effect within NOAA concerning the NOAA Safety Program, to the extent that such policies are in conflict with the provisions and requirements of this Order.

/S/
Under Secretary of Commerce
for Oceans and Atmosphere

Office of Primary Interest:
   Office of the Chief Administrative Officer
      Environmental Compliance, Health, Safety, and Security Office       (ECHSSO)

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NAO 209-1 - - Exhibit

Incident Investigation Review Requirements

*NOTE: A copy of all incident reports, and approved corrective action plans shall be submitted to ECHSSO for trend analysis, and tracking of corrective action plans