R1. Governing Regulations and Policy
Centers must comply with federal, state, and local regulations and Job Corps policy regarding environmental safety and occupational health and safety. Center operators who are private contractors must comply with the
Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et. seq. and with federal OSHA standards. When the Center is located in an OSHA State plan state, the operator must comply with the relevant State standards, unless the center is located on a federal enclave, i.e., land which has been ceded to the Federal Government and where the state does not have authority. The private contractors are subject to the enforcement provisions, including inspections, citations, and penalties, under the federal OSH Act, or, where applicable, the occupational safety and health law in the State Plan State.
Center operators who are private contractors are subject to the
Service Contract Act of 1965, 41 U.S.C. 6701
et seq. The standards under that statute,
29 CFR 1925.2, do not impose any requirements in addition to those set forth or referenced in the PRH.
Any center operated by a federal agency only needs to comply with federal OSHA standards and other requirements under E.O. 12196. Those centers are only subject to the procedures, including inspections and notices, applicable to federal agencies set forth in
29 CFR Part 1960.
The substantive requirements set forth in the PRH for all centers are based on federal OSHA standards, but, on one hand, some are more extensive than those standards. On the other hand, center operators must comply with all provisions of federal OSHA standards and regulations, or where applicable, State OSHA standards and regulations, even if those provisions are not expressly discussed in the PRH.
R2. Occupational Safety and Health Program
Center operators must establish and operate an Occupational Safety and Health program in accordance with the requirements established in this section. The center’s program must fully comply with current Occupational Safety and Health Administration (OSHA) standards at
29 CFR Parts 1904 (recordkeeping),
1910 (general industry),
1926 (construction), and
1960 (federal agency programs), where applicable to a particular center, with U.S. Department of Labor (DOL) regulations, policies, and procedures, and, where appropriate, State OSHA standards and regulations (see 5.9 R1 above). It must include, but not be limited to, the following features:
a. Appointment of a center Safety Officer who is properly trained in OSHA courses listed in
Exhibit 5-4 (Required Staff Training)
b. Development of an Occupational Safety and Health Plan, which is updated as needed or as directed by OSHA or the Office of Job Corps (see
Chapter 5, Section 5.1, R15).
c. Investigation and reporting of accidents and injuries
d. Enforcement of safety and health rules and regulations
e. Conduct of safety inspections and initiation of corrective actions
f. Development of a safety recognition program
g. Establishment of Occupational Safety and Health Committees
R3. Center Occupational Safety and Health Responsibilities and Duties
a. General Responsibilities
The center operator must be responsible for safeguarding the occupational safety and health of all students and staff and ensuring a safe and healthful environment in which to live, work, and train. This responsibility will be inherent in all aspects of the program, whether stated explicitly or implied.
b. Center operators must:
1. Ensure that the Center Director is an active participant on the Occupational Safety and Health Committee.
2. Ensure that the center is provided with all the required resources to successfully develop and implement an effective safety and health program.
c. Center Director
The Center Director must:
1. Ensure that all occupational safety and health requirements are implemented.
2. Provide leadership, direction, enforcement, and accountability for the center safety program.
3. Develop a center Occupational Safety and Health program and plan.
4. Ensure that personal protective equipment (PPE) is worn in the trade programs to comply with OSHA standards.
5. Ensure a training, living, and working environment that is free from recognized hazards. Maintain facilities and grounds in a sanitary and healthful manner.
6. Participate in at least 70% of all Occupational Safety and Health Committee meetings.
7. Appoint a center Safety Officer who meets the minimum staff qualifications outlined in
Exhibit 5-3, and provide necessary training and equipment for the performance of those duties. The center Safety Officer will report directly to the Center Director on matters of safety.
8. Terminate any activity where a hazard exists; additionally, the authority to terminate any such hazardous activity may be given to a designee (e.g., Safety Officer).
9. Enforce occupational health and safety rules, regulations, and standards.
10. Report fatalities, and injuries, or occupational illnesses that result in in-patient hospitalization, amputation, or eye loss to OSHA within prescribed timeframes (see
Chapter 5, Section 5.4, R4).
11. Report fatalities, and serious injuries and illnesses to DOL Regional Office and via the Significant Incident Reporting (SIR) System (see
Chapter 5, Section 5.4, R2, R3, and R5).
12. Document all student fatalities, injuries, and occupational illnesses within 7 calendar days of notification via the Employees’ Compensation and Operations Portal (ECOMP) (see Chapter 5, Section 5.9, R15).
13. Instruct students and staff in safe practices and methods of operation.
14. Conduct required occupational health and safety inspections and surveys and take prompt corrective action to deal with hazards identified.
15. Ensure medical and dental services are provided and provide supplies for injured and occupationally ill students.
16. Investigate accidents and complete and submit appropriate reports.
17. Encourage and evaluate student suggestions on safety and health improvements.
18. Establish a formal written safety awards and recognition program and use it to recognize students and staff who make significant contributions toward the prevention of injury or illness.
19. Review safety awards and recognition programs annually.
20. Ensure that safety and health evaluation reports provided by the Office of Job Corps are responded to within 30 days of receipt and that corrective action is taken to abate hazards noted.
d. Center Safety Officer
The center Safety Officer must:
1. Assist the Center Director in preparing the center Occupational Safety and Health Plan and implement the plan.
2. Provide orientation and training to students and staff on the center Safety and Health Plan.
3. Promote safety campaigns on center to reduce accidents and injuries.
4. Inspect all center areas for safety and health violations.
5. Ensure that personal protective equipment (PPE) is worn in the trade programs to comply with OSHA standards.
6. Complete all required accident, illness, and injury reports in full compliance with the PRH and OSHA regulations.
7. Advise the Center Director of safety and health concerns.
8. Facilitate required Occupational Safety and Health Committee meetings; retain meeting minutes for three years and make them available upon request.
9. Coordinate with other safety and health staff (e.g., nurse, maintenance supervisor, CTT/education instructors, and others) to ensure a safe and healthful environment in which to live, work, and train.
10. Retain exposure monitoring results on center for 30 years in accordance with
29 CFR 1910.1020, Access to Employee Exposure and Medical Records.
R4. Imminent Danger
Imminent danger exists when a condition or practice presents a danger that could reasonably be expected to cause death or serious physical harm. If such a situation exists and is observed, the student(s) and staff in danger must be immediately removed from the area and not permitted to return until the problem is corrected. The center Safety Officer must immediately notify the Center Director of the hazard and recommend corrective action.
The Center Director must take appropriate action(s) to correct the hazard. If the hazard cannot be corrected promptly by the center, the Center Director must consult the appropriate Regional Office and/or the Office of Job Corps for advice and assistance in correcting the hazard. The action recommended by the center Safety Officer and the resulting action taken must be documented in writing and maintained on center for a period of three years.
R5. Required Inspections and Observations
a. All occupational safety and health inspections and observations must be:
1. Conducted by appropriate center staff in accordance with
29 CFR 1960.26 and
DLMS 3 Chapter 1400, paragraph 1441
2. Submitted according to
Exhibit 5-2, Plan and Report Submission Requirements
3. The responsibility of the center Safety Officer, managers, supervisors, and instructors
4. Documented and maintained on center for a period of five years, then destroyed
b. Occupational safety and health inspections must be conducted, weekly, monthly, and quarterly as required. Daily safety and health observations must be conducted by staff members in their respective work areas.
Identified deficiencies must be corrected promptly. Records of inspections and actions taken to correct deficiencies must be maintained by the center Safety Officer for three years and made available to DOL upon request.
c. Daily Observations
1. Food service supervisors must check food preparation and food serving areas of cafeterias. Maintain documentation of temperature checks in food serving lines, food holding areas, refrigerators, and freezers. Maintain documentation of temperature levels or sanitizer concentrations in dishwashing equipment.
2. Residential advisors/residential counselors must check dormitories, snack bars, and canteens and document their findings in a logbook.
3. The center Safety Officer, and CTT and academic managers/instructors, must check classrooms/shops (including CTST projects); tool inventory, accountability, and security procedures; motor vehicles; and all equipment to be used by students and staff.
4. Child development supervisors must check the child development center, equipment, toys, and the playground.
5. Recreation supervisors/staff must check the gymnasium, exercise equipment, and other frequently used recreation areas.
6. Center vehicle operators must inspect vehicles and equipment before use.
d. Weekly Inspections
The center Safety Officer must inspect:
1. All food service facilities, including cafeterias, culinary arts facilities, snack bars, and canteens
2. Gymnasiums, exercise equipment, and swimming pools during times of operation
3. CTT facilities and CTST projects including tool inventory, accountability, and security procedures
e. Monthly Inspections
The center Safety Officer must inspect:
1. Dormitories
2. Child development centers
3. CTT facilities and CTST projects (see
Chapter 3, Section 3.1, R4), including tool inventory, accountability, and security procedures
4. Academic classrooms
5. Health services
6. Administrative offices, warehouses, and other buildings occupied by students and staff
f. Quarterly Inspections
Centers must arrange for quarterly environmental health inspections by qualified non-center personnel in the following areas:
1. Food service facilities
2. Residential facilities
3. Training facilities
4. Educational facilities, including offices, classrooms, recreational facilities, and wellness centers
5. Water supply and distribution facilities, when not a part of municipal systems
6. Wastewater treatment facilities, except for septic systems, which must be inspected annually, and municipal sewer systems, which are exempt from this requirement
7. Child development centers, where appropriate
Centers must submit quarterly environmental health reports and necessary corrective action, simultaneously, to the Regional Office and the National Office of Job Corps within seven days of receipt (see
Exhibit 5-2, Plan and Report Submission Requirements).
g. CTST and Other Projects
The center Safety Officer and appropriate instructor must inspect all CTST projects daily. The appropriate instructor must ensure full tool inventory, accountability, and security, ensuring that all tools are accounted for before the end of each class, or the end of each day if off-site, and ensuring that all tools that are unaccounted for are found and all tools are secured. The center Safety Officer must inspect and approve all final CTST projects, on and off center, before site occupancy and project completion.
Inspection checklists, photographs, tool inventory lists, and associated corrective actions must be maintained on center indefinitely and made available upon request.
R6. Abatement Plans for Violations Identified in Annual Occupational Safety and Health (OSH) Program Review
a. Abatement Procedures and Time Frames
The following procedures must be followed by centers and Regional Offices (ROs) in responding to safety and health violations cited during annual safety and health reviews:
1. As part of the OSH Program Review, the center will receive a detailed verbal briefing by the National Office support contractor conducting the Review regarding all hazards identified. The center must immediately begin to address those concerns. A log of the corrected item(s) must be maintained, indicating what action was taken, by whom, and the date of action.
2. The center and the RO will receive a formal OSH Program Review report from the National Office of Job Corps within 60 days of a review. Violations must be documented manually on
Form DL1-2029, Notice of Unsafe or Unhealthful Condition, which is to be created by the center. The violations documented on the DL1-2029 are the same as those documented in Asset Essentials (AE), which is the web-based system designed to facilitate an information exchange between the reviewer, the RO, and the center, and to allow the National Office to monitor case status to ensure prompt and timely hazard abatement. Cases are referred to as Work Orders in AE.
3. The roles of each AE user are as follows:
(a) At the national level, the National Office inputs DL1-2029 center violation data into AE and transmits the data to the RO to initiate tracking.
(b) At the regional level, both the Job Corps Regional Director and the center’s Project Manager are authorized to access AE to review pending work orders transmitted from the center and listing centers’ abatement responses. Either individual in the RO can transmit the DL1-2029 in AE to the Job Corps center. The RO can edit the center response and can close out the work order only after all violations have been abated.
(c) At the center level, the Center Director and the center Safety Officer are authorized to access AE to view new work orders transmitted from the National Office and can respond to violations. Most violations should be abated within 30 days. If abatement is not completed, an abatement plan is required. Centers can indicate in AE whether the response is a corrective action or an abatement plan. Funding requests can also be indicated. After the center transmits the response electronically to the RO, the RO will determine whether to accept the abatement response in part or in whole.
OSHA or, where appropriate, a State OSHA in issuing citations or OSHA in issuing to federal agencies Notices of Unsafe or Unhealthful Working Conditions sets abatement dates and requires abatement verification pursuant to
29 CFR 1903.19. Abatement dates and abatement verification are delayed if there is a contest to the citation or notice. Centers must comply with these requirements and the requirements above. In cases of conflict the shorter abatement period and any stricter abatement plan apply.
b. Posting Requirements
Official response to violations noted during the occupational safety and health review occurs via AE. A copy of the paper DL1-2029, which must be created by the center, is to be posted by the center at or near each place where an unsafe or unhealthful condition is referred to in the notice. It must remain posted until all violations cited are abated, or for three training days, whichever is longer.
R7. Hazardous Materials Management
Centers must comply with federal, state, and local standards and regulations and Job Corps policy regarding hazardous waste generation, storage, and disposal. DFAM is available to provide technical clarification to the Contractor and the Contracting Officer’s Representative.
a. Centers that ship hazardous materials off center must comply with pre-transportation regulations.
b. Centers that store or handle hazardous materials, such as flammable/combustible materials, acids, caustics, compressed gases, oxidizers, etc., must comply with OSHA standards: Relevant standards include but are not limited to,
29 CFR 1910.106,
29 CFR 1910.1200,
29 CFR 1910 Subpart Z, and all applicable substance-specific standards. They also must comply with National Fire Protection Association (NFPA) 30.
c. Centers that use or store hazardous or toxic chemicals in quantities that meet or exceed the criteria must comply with the regulations of the
Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 reporting requirements.
d. Centers must notify the Environmental Protection Agency (EPA), the Job Corps Regional Director, and the National Office of Job Corps Safety Team leader when a release of hazardous substance occurs. A release includes any discharge, spill, or leak into the air, water, or land, as required by
40 CFR 302.
e. Emergency response to a spill or leak of hazardous materials must be performed by a local hazardous materials response team or licensed contractor.
f. Chemical-specific information such as Safety Data Sheets (SDS) must be readily accessible to emergency response personnel and staff.
R8. Lead
Centers must comply with federal, state, and local regulations and Job Corps policy regarding lead-containing building materials. DFAM is available to provide technical clarification to the Contractor and the Contracting Officer’s Representative.
Lead was a common paint additive used until 1978. Due to the age of many Job Corps center facilities, it is assumed that lead-based paint is present in buildings constructed prior to 1978 unless testing has proven otherwise. Centers that plan to disturb a surface that may contain lead must perform dust, air, and/or water sampling to determine the potential for exposure to lead. Centers in which there is a potential exposure to lead by students, staff, or young children (in child development or residential facilities) must develop a written lead-based paint compliance program that includes the following:
a. Designation and training of a competent person, capable of identifying existing and predictable lead hazards in the surroundings or working areas and having the authority to take prompt corrective action.
b. Procedures to ensure that all CTST projects involving construction work will be tested for lead prior to initiation. See
29 CFR 1926.62(d). No student or staff may be exposed to lead in air at concentrations greater than the OSHA permissible exposure limit (PEL). All renovation activities must comply with the OSHA standard at
29 CFR 1926.62 and EPA’s Lead Renovation, Repair, and Painting (RRP) Rule. The RRP establishes standards for certifications, training, pre-renovation notification, and work practices.
c. Suspected lead paint must be tested by an EPA-approved method: field X-Ray fluorescence or laboratory analysis for a quantitative result. An EPA-approved lead test kit can be used to meet the negative response criterion when used by a Certified Renovator.
d. Procedures for notifying staff and students of the health hazards of lead-based paint. Inventory documentation must be maintained on center and with the Office of Job Corps and Regional Office Project Manager.
e. Appropriate hazard warnings will be posted in all regulated areas in accordance with EPA’s RRP Rule. Signs with the warning set forth in the standard must be posted in each area where the permissible exposure level is exceeded in accordance with
29 CFR 1910.1025(m)(2) (general industry) or
29 CFR 1926.62(m) (construction).
f. Initial and annual student and staff awareness training will be provided in accordance with the minimum requirements of
29 CFR 1926.62 (l) (construction) or 29 CFR 1910.1025 (l) (general industry).
g. All required documentation and records are the property of the Department of Labor and must be retained on center permanently.
R9. Asbestos Operations and Maintenance
a. Centers must comply with federal, state, and local regulations and Job Corps policy regarding asbestos-containing building materials (ACM). ACM is any material containing more than 1% asbestos. PACM is presumed asbestos-containing material. It is defined as follows: thermal system insulation and surfacing material found in buildings constructed no later than 1980. DFAM is available to provide technical clarification to the Contractor and the Contracting Officer’s Representative.
b. ACM not immediately removed must be managed as part of an Asbestos Operations and Maintenance (O&M) program, in conformance with
29 CFR 1910.1001. Centers in which there are buildings containing ACM must have an O&M program that includes the following:
1. Documentation, including copies of the initial asbestos survey report, subsequent ACM surveys or inspection reports, and all asbestos abatement records, and laboratory analysis and exposure monitoring results, which must be maintained on center in a centralized asbestos record depository indefinitely, and made available upon request.
2. Designation of an Asbestos Coordinator who must be responsible for ensuring compliance with all asbestos standards, regulations, and policies. The designated Asbestos Coordinator must receive initial training in asbestos O&M within one month of appointment. Training must consist of a minimum of 16 hours of both classroom and practical asbestos O&M training provided by an EPA-accredited training provider.
3. Annual asbestos awareness training for all employees (including custodial and maintenance employees) and contract employees. Initial training must consist of a minimum of two hours of training within one week of hire.
4. Annual refresher training for the Asbestos Coordinator and all custodial/maintenance employees. Documentation of training must be maintained in the central asbestos record depository as well as the individual’s personnel file.
5. Notification of the presence of asbestos within center buildings to all students and staff at least annually through a written notice or posting of a statement in the common areas of all buildings containing asbestos. The notice must contain a brief description of the location and type of ACM, and the name and contact information for the designated Asbestos Coordinator.
6. Posting of asbestos warning signs in all mechanical rooms, crawlspaces, custodial closets, or other work areas where students or staff staff reasonably can be expected to enter, and which contain ACM and/or PACM. Warning signs must meet the requirements specified in
29 CFR 1910.1001, posted including the requirement to post the signs to post the signs so visible immediately upon entering the room or workspace. Also see the requirements for posting signs for regulated areas, defined in 29 CFR 1910.1001(b) and 29 CFR 1910.1001(j)(3). The requirements for respirators are in 29 CFR 1910.1001(g). The requirements for medical surveillance are in 29 CFR 1910.1001(l).
7. Inspection of all ACM in center buildings at least twice each year to verify the physical condition and identify any significant damage. Evidence of significant damage and/or other deterioration in physical condition that presents a potential health hazard must be reported to the Office of Job Corps and Regional Office via the Significant Incident Reporting (SIR) System.
8. Repair or abatement of ACM must be performed by licensed asbestos abatement contractors. Clean-up of damaged ACM by Job Corps personnel is strictly prohibited.
9. Review and documentation of all CTST or center-managed renovation projects by the Asbestos Coordinator to ensure that no ACM will be affected by the proposed project. The center’s Asbestos Coordinator will ensure that the proper warning signs are posted in the work area per
29 CFR 1910.1001.
10. All required documentation and records are the property of the Department of Labor and must be retained on-center permanently.
R10. Hazard Communication
Centers must comply with federal, state, and local regulations and Job Corps policy regarding chemical hazard communication. DFAM is available to provide technical clarification to the Contractor and the Contracting Officer’s Representative. Each center operator, Center Director, and center Safety Officer must coordinate and ensure that each center has a hazard communication program and that Job Corps students/staff are trained on the hazards of chemicals used at the center. Such information concerning chemical hazards must be communicated to affected students and staff via a comprehensive written hazard communication program in accordance with
29 CFR 1910.1200. The Center Director must ensure that the center Safety Officer or other designee structures the hazard communication program to include:
a. A complete chemical inventory or master list of hazardous chemicals used on center and a process to keep the inventory current. The inventory must include the name of the product and the location(s) where it is used. Ensure that students and staff know the location of the chemical inventory. Master lists should be accessible by computer and kept in at least two locations on-center to ensure access during an emergency.
b. Organization and ongoing maintenance of Safety Data Sheets (SDSs) for all chemical products purchased by or used at the center. SDSs for chemical products used in a given area must be available to and easily accessible by all staff and students. SDSs can be stored in a three-ring binder or be accessible via computer.
c. Ensure that all incoming containers of hazardous chemical products have clear, legible identification labels securely attached to the products, and such labels are not removed or defaced. Each hazardous chemicals label must include:
1. Product identifier;
2. Signal Word;
3. Hazard Statement(s);
4. Pictogram(s);
5. Precautionary statement(s); and
6. Name, address, and telephone number of chemical manufacturer, importer, or other responsible party
d. Chemicals transferred to other approved containers must be labeled accordingly as well. In lieu of labels containers must have at least a product identifier and words, pictures, symbols, or a combination thereof that provide at least general information regarding the hazards of the chemicals, and which in conjunction with other information immediately available to the employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the chemicals.
e. Supervisor/instructor maintains up-to-date SDS file for each hazardous chemical product used within their respective areas.
f. Proper training and instruction delivered to all users of hazardous chemical products, including:
1. Identification of such products in the work area;
2. The specific hazards associated with such products;
3. Measures that users can take to protect themselves, including specific procedures implemented to protect employees, such as appropriate work practices, emergency procedures, and PPE;
4. Methods and observations that may be used to detect the presence or release of hazardous chemicals in the work area;
5. The physical health, simple asphyxiation, combustible dust, and pyrophoric gas, hazards, as well as hazards not otherwise classified, effects of the chemicals used in the work area.
g. Proper communication of chemical hazards associated with non-routine tasks and the hazards associated with chemicals contained in unlabeled pipes in their work area.
h. An established and approved chemical products purchase list. All new hazardous materials or products require pre-approval by the Safety Officer.SDSs must be reviewed by the center Safety Officer before the products are used in the workplace.
i. A file containing SDSs for chemicals previously used on-center must be maintained on-center and produced on demand if requested by emergency responders or government officials.
R11. Hexavalent Chromium (Cr(VI))
Centers must comply with OSHA standard
29 CFR 1910.1026 (general industry) and 1926.1126 (construction), Job Corps policy regarding hexavalent chromium (Cr(VI)). DFAM is available to provide technical clarification to the Contractor and the Contracting Officer’s Representative.
a. Centers that offer trades that may potentially expose students/staff to hexavalent chromium (Cr(VI)) must develop, implement, and maintain an exposure control plan that contains the following minimum elements:
1. Product SDSs for Cr(VI)-containing materials such as certain pigments in paints or welding composite materials.
2. Trade(s) or center functions that may result in exposure
3. Exposure-monitoring results for the affected trade(s) or center functions
4. Engineering controls used to reduce and maintain employee exposures to Cr(VI)
5. Personal protective equipment (PPE) required during performance of training or center function
6. Method(s) of communicating hazards associated with Cr(VI) (See hazard communication training, Chapter 5, Section 5.9, R10.)
b. In addition to complying with all of the exposure determination requirements in 29 CFR 1910.1026(d) or 1926.1126(d), centers offering the welding trade must perform initial exposure monitoring no matter how often welding of stainless steel occurs. No additional monitoring is necessary if exposure monitoring results are below the PEL of 5.0 µg/m3 and the action level of 2.5 µg/m3 calculated as eight-hour time-weighted averages (TWA).
c. If any industrial hygiene monitoring results meet or exceed the action level of 2.5 µg/m3 for Cr(VI), the Safety Officer should contact the National Office of Job Corps Safety Team leader immediately.
d. Centers must maintain employee exposurerecords, including product SDSs on center for no fewer than 30 years in accordance with
29 CFR 1910.1200 and
29 CFR 1910.1020.
R12. Respirable Crystalline Silica
a.
Centers must comply with OSHA standard 29 CFR 1910.1053 (general industry) and 1926.1153 (construction), and Job Corps policy. DFAM is available to provide technical clarificaitonclarification to the Contractor and the Contracting Officer’s Representative.
b. Centers must conduct a hazard analysis to determine which trade(s) may result in exposure to crystalline silica.
The action level (AL) for airborne crystalline silica is 25.0 µg/m3, calculated as an 8-hour Time Weighted Average (TWA). The permissible exposure level (PEL) is 50 µg/m3, calculated as an 8-hour Time Weighted Average (TWA).
Centers offering trades that potentially expose students/staff to respirable crystalline silica must develop, implement, and maintain a written exposure plan that contains, at a minimum, the following:
1. A description of the tasks in the workplace that involve exposure to respirable crystalline silica;
2. A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task;
3. A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.
c. The employer must review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary.
d. Centers offering trades that may expose staff/students to respirable crystalline silica must perform initial exposure monitoring, when new equipment is purchased or there is a change in engineering controls. No additional monitoring is necessary if exposure monitoring results are below the AL of 25 µg/m3 as an 8-hour TWA.
e. Centers must maintain employee exposure records, including SDSs, on center for no fewer than 30 years.
f. Centers must ensure medical records are maintained and made available in accordance with 29 CFR 1910.1020.
R13. Pest Control
Centers must:
a. Take adequate measures to control insects and rodents in all areas. Only pesticides that are safe for use in food service areas shall be used in food service facilities.
b. Ensure that pesticides are applied only by a licensed professional pest control contractor in food service, residential, and education facilities. The following information must be obtained from the contractor and kept on file for at least three years:
1. Name/type of chemicals used
2. Amount of chemical applied
3. Areas where applied and amount specific to location
4. Date when applied
5. Safety Data Sheets (SDSs) for the chemicals used
c. Ensure that pesticides are not stored for usage on centers except those that are approved by EPA for use in landscaping and gardening projects. Proper training on storage, use, and application of these chemicals must be provided to staff and students.
R14. Unsanitary Conditions
In accordance with Section 5(a) of the
Occupational Safety and Health Act of 1970, (https://www.osha.gov/laws-regs/oshact/completeoshact) centers operated by private contractors must ensure that staff and students are not required or permitted to reside, work, be trained, or receive services in buildings or surroundings that are unsanitary, hazardous, or lack proper ventilation. Centers operated by a federal agency are under the same obligation pursuant to E.O. 12196.
R15. Student Injury, Occupational Illness/Disease, and Fatality Recordkeeping
In accordance with 20 CFR Part 10, 5 U.S.C. 8143, 29 CFR 1960 Subpart I, 29 CFR 1904, and the Department of Labor Manual Series (DLMS) 3-1300, 3-1400, Job Corps student injuries and occupational illnesses/diseases must be documented in the Department of Labor’s Employees’ Compensation Operations and Management Portal (ECOMP).Occupational illness/disease in this context is defined as illness or disease acquired from/due to the Job Corps training and/or living environment (e.g., hearing loss, coronary/vascular condition, asbestos-related illness, carpal tunnel syndrome, etc.).
ECOMP is a web-based application that assists the Department in meeting the reporting requirements of both the Occupational Safety and Health Administration (OSHA) and the Office of Workers’ Compensation Programs (OWCP). The only injuries and occupational illnesses/diseases that should not be documented in ECOMP are those that occur while the student is not "in the performance of duty":
• on leave
• engaged in leisure time employment, or
• in an Unauthorized Absence (UA) status.
Regardless of its severity, the injury or occupational illness/disease, will minimally require the completion of the following two forms, in ECOMP:
a. The OSHA 301, Injury and Illness Incident Report
b. One of the OWCP forms below:
1. OWCP CA-1, Notice of Traumatic Injury and Claim for Compensation
2. OWCP CA-2, Notice of Occupational Disease and Claim for Compensation (The CA-2 submission is rarely used; if you think a CA-2 is warranted, contact the National Office.)
Student fatalities are documented in ECOMP and submitted to OWCP on OWCP CA-6 manual.
A complete list of the OSHA and OWCP forms, and a description of their use, are below. Please note that all occupational safety and health records must be maintained for a five-year period, unless otherwise indicated by a specific OSHA standard, the DLMS, or the Program Requirements Handbook (PRH).
Electronic Forms Submitted in ECOMP
a. OSHA 301, Injury and Illness Incident Report, is completed in ECOMP for each student injury or occupational illness in accordance with
29 CFR 1904. The OSHA form is required to be retained for five years.
b. OSHA 300, Log of Work-Related Injuries and Illnesses: For OSHA 301 Incident Reports that are work-related (see definition in criterion 1, below), centers must maintain a single current log in ECOMP, known as the OSHA 300 Log. For an incident to be entered in the OSHA 300 Log, it must meet each of the three OSHA-recordable criteria below:
1. The injury or occupational illness is work-related. An injury or occupational illness is work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. An injury or occupational illness that occurs in the work environment that falls under one of the exceptions listed in 29 CFR 1904.5(b)(2) is not work-related, and therefore is not recordable.
2. The injury or occupational illness represents a new case in the system.
3. The injury or occupational illness results in one or more of the following:
(a) Death
(b) Days away from work (training or educational activities)
(c) Restricted work or transfer to another job
(d) Medical treatment beyond first aid
(e) Loss of consciousness
(f) A significant injury or illness diagnosed by a physician or other licensed health care professional
(g) A needlestick or sharp injury exposing the student to another person’s blood or potentially infectious material
(h) A Standard Threshold Shift (STS) in hearing in one or both ears where the employee’s total hearing level is at least 25 decibels above audiometric zero in the same ear(s) as the STS
(i) Exposure to persons with a case of active tuberculosis (TB), where the student subsequently develops a TB infection.
Student injuries resulting in any of the conditions above and stemming from horseplay while engaged in training or educational activities must also be recorded on the OSHA 300 Log in ECOMP.
The OSHA 300 Log is required to be retained for five years.
c. CA-1, Notice of Traumatic Injury and Claim for Compensation, is completed in ECOMP within seven calendar days of supervisor notification.
In the event that an injury requires separation from Job Corps, center staff must obtain National Office of Job Corps approval prior to forwarding a CA-1 to OWCP. When the CA-1 is forwarded to OWCP at separation, an OWCP CA-16 manual form, Authorization for Examination and/or Medical Treatment, and an OWCP-1500 manual form, the Health Insurance Claim Form, are sent to the provider. If the injury is not severe enough to cause separation, the CA-1 should be completed, electronically filed in ECOMP within seven calendar days of supervisor notification, printed, signed by the student, and filed in the student’s health folder.
d. CA-2, Notice of Occupational Disease and Claim for Compensation, is rarely used in Job Corps because there are very few cases of occupational disease or illness related to enrollment in Job Corps. If such a situation does occur, contact the National Office of Job Corps before filing a CA-2.
e. CA-6, Official Supervisor's Report of Employee’s Death, is filed in ECOMP if a student dies as a result of an illness/injury incurred while in performance of duty.
The Center Director must report student fatalities to the National and Regional Offices within six hours of the event via Significant Incident Report (SIR).
f. CA-7, Claim for Compensation Due to Traumatic Injury or Occupational Disease: Unlike other federal employees, Job Corps students are not eligible for continuation of pay for 45 days. However, they may submit a CA-7 after medical separation to receive compensation for injury or illness. The center must complete the CA-7 and have the student sign and date Section 7 of the form. In the event that the student is unable to sign the CA-7, the Center Director may sign as his or her authorized representative.
Upon Office of Job Corps approval to forward a CA-1 or CA-2 to OWCP in ECOMP, the center must fax or e-mail a copy of the completed CA-7 to the Office of Job Corps for submission to OWCP. The Office of Job Corps must file the copy sent to them by the center with OWCP within five days of the student’s signature.
The original CA-7, signed by the student, should be filed in the student’s health folder.
Manual Forms
a. CA-16, Authorization for Examination and/or Treatment: Whenever a student separates from Job Corps and needs examination and/or treatment as a result of traumatic injury, the Center Director should issue a CA-16 to the physician or medical facility. This form authorizes the injured student's examination and/or treatment from a physician or medical facility. When a CA-2 is electronically submitted to OWCP in cases of separation because of work-related illness or disease, a CA-16 is issued only if prior approval is obtained from OWCP. If a CA-16 is submitted, do not submit a CA-20.
This form provides OWCP with an initial medical report and the physician or medical facility with a billing form for emergency treatment. Issuance of the CA-16 authorizes OWCP to pay medical expenses incurred.
Part A is completed by the student’s supervisor and submitted to the physician or medical facility within 48 hours of examination and/or treatment. Part B is completed by the attending physician as promptly as possible after initial examination and faxed to OWCP.
When there is a need for medical follow-up for the work-related injury by a second health-care provider, the center must email/mail the name and address of that provider to OWCP or instruct the student (in writing) to do so.
b. OWCP-1500 (also known as HCFA-1500)—Health Insurance Claim Form:
This form accompanies the CA-16 to all medical care providers, except hospitals.
It is issued by health-care providers to bill the OWCP district office for services rendered.
c. CA-20, Attending Physician’s Report: This report provides medical support of claims for compensation. It is submitted to OWCP upon completion of the medical examination and treatment. It is also used to provide additional medical information regarding the claim. If a CA-20 is submitted, do not submit a CA-16.
R16. Definitions and Procedures for Handling Job Corps Student Injuries
a. Job Corps Injuries Designated as First Aid
1. First aid is defined as any one-time treatment, and any follow-up visit for the purpose of observation, of minor scratches, cuts, burns, or splinters, which does not ordinarily require medical care. Such one-time treatment and follow-up visits are considered first aid even if they are provided by a physician or other registered professional personnel.
2. First aid injuries must be documented in ECOMP.
3. The following procedures are generally considered examples of first aid treatment (e.g., one-time treatment and subsequent observation of minor injuries):
(a) Application of antiseptics during initial visit to medical personnel
(b) Treatment of first-degree burn(s)
(c) Application of bandage(s) during any visit to medical personnel
(d) Use of elastic bandage(s) during initial visit to medical personnel
(e) Removal of foreign bodies from wound if procedure is uncomplicated (e.g., by tweezers or other simple technique)
(f) Use of nonprescription medications as long as dosage does not constitute prescription strength
(g) Soaking therapy on initial visit to medical personnel or removal of bandages by soaking
(h) Application of hot or cold compress(es) during first visit to medical personnel
(i) Application of ointments to abrasions to prevent drying or cracking
(j) Application of heat therapy during first visit to medical personnel
(k) Negative x-ray diagnosis
(l) Observation of injury during visit to medical personnel
4. The administration of a tetanus shot or booster by itself is not considered medical treatment. However, these shots are often given in conjunction with more serious injuries; consequently, injuries requiring these shots may be filed in ECOMP for other reasons.
b. More Serious Injuries Not Resulting in Student Separation, Designated as No Lost Time (NLT)
1. This category includes injuries that result in medical treatment beyond first aid, and are serious enough to need a specialized referral but do not require a medical separation.
2. An example of this type of injury would be a student sustained a strain or sprain, but is able to continue training with restrictions.
3. These injuries must be documented in ECOMP. Some examples of this category of injury are:
(a) Fractures
(b) Head injuries with loss of consciousness
(c) Positive x-ray diagnosis
(d) Lacerations with nerve or tendon damage
(e) Injuries needing sutures/Steri-Strips/adhesive butterfly
(f) Foreign body embedded in the eye
(g) Jaw fractures/dental damage
(h) Treatment of infection
(i) Treatment of 2nd or 3rd-degree burns
(j) Food poisoning
(k) Dislocated shoulder
c. Injuries Resulting in Separation from Job Corps, Designated as Lost Time (LT)
1. This category includes injuries resulting in the student’s death or serious injuries that result in the student’s separation from Job Corps.
2. An example of this type of injury would be: a student sustained a traumatic injury in the performance of duty that requires surgery, additional medical treatment that cannot be provided on center, or the
student can no longer perform in the program.
3. These injuries must be documented in ECOMP.
4. Section 8143 of the Federal Employees’ Compensation Act (FECA) states that while students are enrolled in Job Corps, students are considered employees of the federal government for purposes of medical coverage under FECA. The performance of duty does not include an act of an enrollee while absent from his or her assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of Job Corps.
R17. Staff Injury, Occupational Illness/Disease, and Fatality Recordkeeping
Staff is defined as all contractors, federal employees, and temporary employees who work at a Job Corps center.
All work-related staff injuries, occupational illnesses, and fatalities must be documented in by the employer in accordance with
29 CFR 1904 and the employer’s policies and procedures. At a minimum, employers must maintain:.
a. OSHA 300, Log of Work-Related Injuries and Illnesses: All centers must maintain a single log for the current calendar year. The OSHA 300 Log is required to be retained for five years. The employer is to use their own method to maintain the OSHA 300 Log.
R18. OSHA Form 300A, Summary of Work-Related Injuries and Illnesses
Each year, Job Corps centers are required to post OSHA Form 300A, also called the OSHA 300A Summary, from February 1 through April 30 in accordance with
29 CFR 1904.32. OSHA Form 300A summarizes data contained in the OSHA 300 Log, which is maintained electronically in ECOMP for students, for the calendar year just prior to posting for the purpose of notifying students and staff of the injuries that have occurred on center. The OSHA 300A for Job Corps students should be generated through ECOMP reports.
The OSHA 300A for Job Corps staff should be generated in accordance with 29 CFR 1904 and posted for the same timeframe.
Following the required three-month posting period, the OSHA 300A must be retained for five years.
R19.
Anti-retaliation
The center shall not terminate the enrollment of any student, discharge any staff member, discipline any student or staff member, or take any other adverse action against him or her for complaining about unsafe or unhealthful conditions, instituting any proceedings under the OSH Act, testifying in any OSH Act proceedings, or exercising any right on behalf of himself or herself or others of any right afforded by the OSH Act. This includes the right to refuse dangerous work under certain circumstances (See 29 CFR 1977.12(b)(2)). In centers operated by private contractors these rights are provided by section 11(c) of the OSH Act, 29 U.S.C. 660(c). In centers operated by a federal agency these rights are protected by 29 CFR 1960. 46-47.
Any student or staff member in a center operated by a private contractor who believes that he or she has suffered an adverse action because of engaging in any of these protected activities may file a complaint with OSHA or a State OSHA within 30 days of the adverse action (some States have longer filing periods). If after an investigation merit is found, the U.S. Department of Labor or the State may file suit to obtain reinstatement, back pay, and other appropriate relief. In centers operated by a federal agency the procedures are those developed by that agency.
As a part of regularly scheduled occupational safety and health training students and staff shall be trained about these rights and procedures.
For more information about section 11(c) go to www.whistleblowers.gov, especially section 11(c) under Statutes (see Occupational Safety and Health Act of 1970), 29 CFR part 1977 under Regulations, the desk aid for section 11(c) under Desk Aids, and the Whistleblower Investigations Manual under Policy Documents.
R20.
OSHA Poster
In centers operated by private contractors the center shall post the OSHA poster in a conspicuous place where notices to employees are customarily posted. In State Plan States the center shall post the State OSHA poster (See
29 CFR 1903.2). In centers operated by a federal agency the center shall comply with the poster requirement in
29 CFR 1960.12(c).
