Effective January 22, 2015, the Postal Service™ is revising the Employee and Labor Relations Manual (ELM), Chapter 8, to update organizational structure references, reflect new reporting systems, and incorporate changes in the Occupational Safety and Health Administration’s (OSHA’s) serious accident reporting requirements.
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Employee and Labor Relations Manuals (ELM)
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[Revise the title of chapter 8 to read as follows:]
8 Safety and Health
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810 Occupational Safety and Health Program
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811 General
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811.21 Management Commitment, Involvement, and Accountability
[Revise the text of 811.21 to read as follows:]
Managers must:
a. Demonstrate a commitment to providing safe and healthful working conditions in all Postal Service owned and leased installations,
b. Become involved in day-to-day safety performance, and
c. Be held accountable for safety performance and compliance with OSHA standards and regulations (see Handbook EL-802, Executives’ and Managers’ Safety and Health Program and Compliance Guide).
811.22 Vision Statement
[Revise the last sentence of 811.22 to read as follows:]
***The Postal Service also engages in innovative safety efforts such as the Ergonomics Program and joint labor-management safety and health committees (see 816).
811.23 Guiding Principles
[Revise the text of 811.23d to read as follows:]
d. Integrity — As a leader in occupational safety and health, we enhance our integrity with our customers, business partners, and Congress.
811.24 Safety Philosophy
[Revise the text of 811.24 to read as follows:]
The safety philosophy of the Postal Service is stated below:
a. Any occupational injury or illness can be prevented. This goal is realistic, not theoretical. Supervisors and managers have primary responsibility for the well-being of employees and must fully accept this principle.
b. Management, which encompasses all levels including the first-line supervisor, is responsible and accountable for the prevention of accidents and control of resultant losses. Just as the line organization is responsible for attaining production levels, ensuring quality of performance, maintaining good employee relations, and operating within cost and budget guidelines, supervisors and managers must likewise accept their share of responsibility for the safety and health of employees.
c. It is possible to safeguard against all operating exposures that can result in accidents, injuries, and illnesses. It is preferable to eliminate the sources of danger. However, where this is not practical, management must use protective measures, including:
1. Administrative controls,
2. Machine guards,
3. Safety devices, and
4. Personal protective equipment.
d. All employees must be trained in proper work procedures and must be educated to work safely and to understand that they are responsible for doing so. Management is responsible for the adequate safety training and education of employees. However, all employees are responsible for working safely, and in doing so, they benefit not only themselves but also their organization.
e. It is good business practice in terms of efficiency and economy to prevent personal injuries on and off the job. Injuries cost money, reduce efficiency, and cause human suffering.
811.25 Voluntary Protection Programs
[Revise the text of 811.25 to read as follows:]
The Postal Service is committed to participation in OSHA’s Voluntary Protection Programs (VPP). This program recognizes and establishes partnerships with businesses and worksites that show excellence in occupational safety and health. The Postal Service is committed to effective employee protection beyond the requirements of OSHA standards. The Postal Service is also committed to developing and implementing systems that effectively identify, evaluate, and control occupational hazards to prevent employee injuries and illnesses. Postal Service VPP implementation and maintenance procedures, based on the latest criteria from OSHA, are available on the Safety Resources Web site.
811.3 Off-site Safety
[Revise the text of 811.3 to read as follows:]
The Postal Service safety and health program and OSHA standards and regulations cover Postal Service employees who perform Postal Service duties in private employers’ establishments, as well as while delivering mail and performing other activities off Postal Service property. To ensure that employees are protected, safe and healthful working conditions must be provided through:
a. Engineering and administrative controls,
b. Personal protective equipment (PPE),
c. Enforcement of safe work practices,
d. Withdrawal of employees from the private sector facility, and
e. If necessary, curtailment of mail.
811.4 Records Retention and Disposition
811.41 Records Control Schedule
[Revise the text of 811.41 to read as follows:]
General retention and disposal instructions for the records and forms referenced in 810 through 850 can be found in the appendix, Records Control Schedules. Additional information can be found in Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management, section 6-3.3, Retention Periods, and in the Electronic Records and Information Management Systems (eRIMS) on the intranet.
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812.11 Postmaster General and Chief Executive Officer
[Revise the text of 812.11 to read as follows:]
The Postmaster General and chief executive officer is responsible for establishing and maintaining an effective, comprehensive national occupational safety and health program that fully complies with the OSH Act.
812.12 Chief Operating Officer and Executive Vice President
[Revise the text of 812.12 to read as follows:]
The chief operating officer and executive vice president ensures that area management implements and maintains effective area safety and health programs by, among other activities, monitoring Area Executive Safety and Health Committee activities during quarterly business reviews.
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812.22 Area Human Resources Managers
[Revise the text of 812.22 to read as follows:]
Area Human Resources managers are responsible for monitoring area safety and health programs and performance in compliance with national policy and direction.
[Revise the title of 812.3 to read as follows:]
812.3 District Managers
812.31 District Managers
[Revise the 2nd sentence of 812.31 to read as follows:]
***Additionally, they must develop a district accident reduction plan (ARP) using the Safety Toolkit to achieve the corporate objectives of reducing injury, illness, and motor vehicle accidents.***
812.32 Installation Heads and Managers
[Revise the text of 812.32 to read as follows:]
Installation heads and managers are responsible for:
a. Employee safety and health;
b. Implementation of the occupational safety and health program;
c. Compliance with OSHA standards and regulations, including maintenance of the accident reports, OSHA Log, and Summary of Injuries and Illnesses through the Employee Health and Safety (EHS) system; and
d. Developing, implementing, and monitoring facility ARPs using the Safety Toolkit to achieve the corporate objectives of reducing injuries, illnesses, and motor vehicle accidents. Refer to the Safety Resources site and the Safety Toolkit for additional information on developing, implementing, and monitoring ARPs.
Installation heads are encouraged to attend annual safety and health training.
812.4 Middle-Level Managers
[Revise the text of 812.4 to read as follows:]
Middle-level managers are responsible for the safety and health program within their operations. This includes responsibility for:
a. Administering OSHA-mandated written programs;
b. Conducting accident prevention activities;
c. Training employees; and
d. Evaluating the safety performance of supervisors.
e. Coordinating activities, including correction of safety deficiencies, with other operational managers.
Middle-level managers are encouraged to attend annual safety and health training.
812.5 Supervisors’ Responsibilities
812.51 General
[Revise the text of 812.51 to read as follows:]
Supervisors are responsible for:
a. Identifying and correcting physical hazards;
b. Investigating and reporting accidents;
c. Administering OSHA-mandated written programs;
d. Conducting accident prevention activities;
e. Training employees;
f. Developing job safety analyses; and
g. Enforcing safe work practices.
Supervisors are encouraged to attend annual safety and health training.
812.52 Observation of Work Practices
[Revise the text of 812.52 to read as follows:]
Supervisors will observe employees’ work practices to ensure that they are working safely and document their observations on:
a. PS Form 4588, Observation of Work Practices — Delivery Services, or
b. PS Form 4589, Observation of Work Practices — General, whichever is appropriate.
When used correctly, these forms can:
a. Help the supervisor and the employee to identify and eliminate work practices that could lead to accidents and injuries.
b. Give the supervisor an opportunity to recognize and reinforce safe work practices.
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813.1 Headquarters
[Revise the text of 813.1 to read as follows:]
Safety and OSHA Compliance Programs (SOCP) assists the vice president of Employee Resource Management in administration and evaluation of the safety and health program by monitoring and improving the program and related safety and health policies, procedures, and standards.
In conjunction with the General Counsel and other functional organizations, SOCP establishes policies and procedures to manage OSHA compliance activity, including citations, penalties, abatement, negotiated settlements, and judicial procedures.
The Ergonomics Program works with SOCP and OHS to identify ergonomic issues and propose solutions to reduce or eliminate injury risks, ensuring that ergonomic safety is integrated into all Postal Service operations.
SOCP does the following:
a. Provides expertise and staff support to other Headquarters functional areas and area offices as necessary;
b. Provides comments on proposed OSHA regulations to Government Relations; and
c. Coordinates with other federal agencies, private sector employers, and professional groups on matters of safety and health.
813.2 Area Offices
[Revise the text of 813.2 to read as follows:]
The area Human Resources manager:
a. Assists the area vice president in the implementation of national safety and health policies, programs, and directives. This includes responsibility for long-term planning and monitoring activities.
b. In conjunction with field legal counsels, provides oversight and advice on OSHA compliance activities.
c. Supports the districts in the administration of their safety and health programs and monitors status of the OSHA Log and Summary of Injuries and Illnesses.
d. Responsibilities include budgeting for and scheduling safety and health resources, including professional development of the safety and health staff.
e. Additionally, the area Human Resource function provides technical support for district safety personnel.
[Revise the title of 813.3 to read as follows:]
813.3 Districts
813.31 Safety Personnel
[Revise the text of 813.31 to read as follows:]
Safety personnel are responsible for developing and monitoring a comprehensive safety and health program for facilities within their geographic boundaries. While the responsibilities of safety personnel will vary depending on the size of the organization, the number of locations, and the type of operation, their major function is to serve as technical advisors and consultants to line management. To support line management, they contribute their experience, knowledge, and judgment to the formation of decisions that affect safety and health. Other safety personnel functions include:
a. Tracking and reviewing accidents in the Employee Health and Safety (EHS) system.
b. Monitoring the status of the OSHA Log and Summary, and advising management of deficiencies.
c. Collaborating with management to prepare and administer OSHA-mandated written programs.
d. Assisting line managers, in conjunction with injury compensation and medical personnel, to:
1. Resolve safety and health problems,
2. Interpret policies, standards, and regulations, and
3. Provide detailed action plans for management implementation.
e. Analyzing accident, injury, and illness statistics, hazardous condition reports, inspection results, and related data in order to advise management on corrective actions.
f. Identifying and assessing accident- and loss-producing conditions, practices, and trends.
g. Advising management on incorporating effective countermeasures into District and facility-specific ARPs.
h. Conducting safety and health inspections and program evaluations.
In addition, full-time safety personnel assist collateral duty facility safety coordinators with technical advice, OSHA reporting, training, and related issues.
813.32 Collateral Duty Facility Safety Coordinator
[Revise the text of 813.32 to read as follows:]
In facilities in which there are no full-time safety positions, the installation head or designee is the collateral duty facility safety coordinator (FSC) and performs safety-related duties appropriate to the size and function of the facility. The FSC must be an EAS employee and his or her responsibilities include the following:
a. If there are fewer than 100 work years of employment (see 824.33) in the facility, conducting the annual safety and health inspection. He or she performs the inspection under the guidance of the servicing safety office.
b. Maintaining the hazard log PS Form 1767, Report of Hazard, Unsafe Condition, or Practice (see 824.634).
c. Using the Safety Toolkit in the performance of their duties. At a minimum, they must record:
1. Safety and health inspection deficiencies and abatements,
2. Program evaluation findings and corrective actions, and
3. Employee reports of hazards and corrective actions.
d. Advising the installation head/manager with development, implementation, and monitoring of countermeasures in the facility ARP.
e. Coordinating with supervisors and the district on Human Resources Management issues.
f. Completing training for their duties using Postal Service-approved courses. At a minimum, all FSCs must complete the online FSC training course (see http://nced.usps.gov/safety/course.htm).
814 Employee Rights and Responsibilities
814.1 Rights
[Revise the text of 814.1 to read as follows:]
Employees have the right to:
a. Become actively involved in the Postal Service’s safety and health program and be provided a safe and healthful work environment.
b. Report unsafe and unhealthful working conditions using PS Form 1767, Report of Hazard, Unsafe Condition, or Practice.
c. Consult with management through appropriate employee representatives on safety and health matters such as program effectiveness.
d. Participate in inspection activities where permissible.
e. Participate in the safety and health program without fear of:
1. Restraint,
2. Interference,
3. Coercion,
4. Discrimination, or
5. Reprisal.
814.2 Responsibilities
[Revise the text of 814.2g to read as follows:]
g. Driving defensively and professionally, extending courtesy in all situations, and obeying all state, local, and Postal Service regulations when driving a vehicle owned, leased, or contracted by the Postal Service.
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815.12 Area Executive Safety and Health Committee
[Revise the text of 815.12 to read as follows:]
The area executive safety and health committee, chaired by the area vice president and consisting of district managers, area office managers (as determined by the vice president), and inspectors-in-charge, must meet at least quarterly. The area vice president establishes a system to track and monitor committee activities. The committee is responsible for monitoring area safety and health activities to ensure that Headquarters’ goals and objectives for reducing injuries, illnesses, and motor vehicle accidents are met. The area committee must monitor and review:
a. Safety and health inspections, and facilitate prompt abatement of identified hazards.
b. Program evaluations and implementation of safety and health program improvement plans at facilities that do not receive a passing score on their program evaluation.
c. District ARPs to ensure that countermeasures are implemented to reduce motor vehicle accident (MVA) and occupational injuries and illnesses (OSHA II) rates to achieve established targets.
d. Safety and health training and recordkeeping.
e. Joint labor-management safety and health committee activities.
The chief operating officer monitors area executive committee activities during quarterly business reviews.
[Revise the title and text of 815.13 to read as follows:]
815.13 District Executive Safety and Health Committees
The district executive safety and health committee, chaired by the district manager, must meet quarterly. The committee must include:
a. Plant managers,
b. Postmasters of large associate offices,
c. Critical enabling managers (e.g., Maintenance, In-Plant Support), and
d. Others as determined by the district manager and the committee.
Their primary responsibilities are to review:
a. Safety and health inspections and facilitate prompt abatement of identified hazards.
b. Program evaluations and implementation of safety and health program improvement plans at facilities that do not receive a passing score on their program evaluation.
c. District ARPs to ensure countermeasures are implemented to reduce OSHA II and MVA rates to achieve established targets.
d. Safety and health training and recordkeeping.
e. Local joint labor-management safety and health committee activities.
The committee must report to the area on actions taken, and the area vice president must establish a system to track and monitor committee activities.
815.14 Plant Executive Safety and Health Committee
[Revise the text of 815.14 to read as follows:]
The committee1, chaired by the plant manager, is composed of plant safety, maintenance, and others as appropriate. The committee meets as often as needed, but at least once every quarter. Primary responsibilities are to implement objectives established at a higher level and to develop additional objectives to improve the local safety and health program. To achieve these objectives, the committee must identify major safety and health problems by reviewing the following:
a. Facility safety and health program evaluations.
b. Accident reports and injury trends.
c. OSHA compliance activity.
d. Local safety inspection reports.
Based on the problems identified, the committee:
a. Assists the plant manager with developing and implementing the plant’s ARP.
b. Assists the plant manager with monitoring the effectiveness of the plan’s countermeasures in reducing OSHA II and MVA rates.
c. Recommends improvements if the countermeasures do not achieve the desired OSHA II and MVA rate-reduction targets.
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815.2 Written Minutes
[Revise the text of 815.2 to read as follows:]
Written minutes of all management meetings at each organizational level must be prepared and retained for 3 years. In compliance with Program Evaluation Guide (PEG) version 2.0, minutes of the meetings must be stored in the Safety Toolkit, in the Committee Meeting Minutes module.
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817.11 Postmasters, Managers, and Supervisors
[Revise the text of 817.11 to read as follows:]
All Postmasters, managers, and supervisors must receive safety and health training in accordance with the curriculum established by Safety and OSHA Compliance Programs (SOCP) and Learning and Development. Local offices, districts, and Headquarters provide this training. Postmasters, managers, and supervisors are encouraged to attend annual safety and health training.
817.12 Executives and Managers
[Add item g. to read as follows:]
g. Ergonomics.
817.2 Safety and Health Staff Training and Education
817.21 Safety Specialists
[Revise the text of 817.21 to read as follows:]
All safety staff must obtain a level of expertise in safety training through participation in and completion of the core curriculum safety courses taught by the National Center for Educational Development (NCED), or as established by SOCP. Safety personnel must be provided, at least annually, professional training and education to enable them to carry out their basic duties and to fulfill their roles as advisors and consultants to management. To maintain their technical proficiency, safety personnel are encouraged to pursue professional credentials and advanced education, and to participate in professional safety and health-related organizations. Management must give a high priority to supporting these efforts to realize a professional safety staff. Specialized training not available within the Postal Service may be authorized in accordance with 740.
817.22 Facility Safety Coordinators
[Revise the text of 817.22 to read as follows:]
Facility safety coordinators (FSCs) must obtain a level of safety expertise commensurate with their responsibilities through the FSC training course and the Safety for Supervisors course. Annual attendance of at least 8 hours of safety training is required. Management must give FSC training a high priority.
817.3 Joint Labor-Management Safety and Health Committee Orientation
[Revise the text of 817.3 to read as follows:]
Each member of a local committee must receive an orientation by the Postal Service that includes:
a. Responsibilities of the committee and its members.
b. OSHA compliance.
c. Basic elements of the safety and health program to include safety inspections.
d. Identification and analysis of hazards and unsafe practices, including job safety analysis, and ergonomic task analysis.
e. Explanation of reports and statistics to be reviewed and analyzed by the committee.
To meet the requirements listed above, safety and health committee members must attend the Safety and Health Committee training course (specified in Handbook EL-809T, Area/Local Joint Labor-Management Safety and Health Committee Training).
817.4 General Safety Orientation for Employees
[Revise the text of 817.4 to read as follows:]
All employees, including non-career employees, must receive a general safety and health orientation and sufficient on-the-job training to enable them to follow safe work practices, to recognize hazards, and to understand the benefits to be gained by following safe work practices. Such training must also include:
a. Site-specific safety rules,
b. Specific job safety analyses,
c. Required OSHA programs,
d. Emergency evacuation procedures, and
e. OSHA rights and responsibilities (see 817.5).
817.5 Training Required by OSHA
[Revise the text of 817.5 reference note to read as follows:]
Reference Note:
For further information about training required by OSHA, refer to the following Handbook (HBK) and Management Instructions (MIs):
n HBK AS-556, Asbestos Management Guide
n MI EL-810-2009-4, Personal Protective Equipment and Respiratory Protection Programs
n MI EL-810-2000-2, Bloodborne Disease Exposure Control Plans
n MI EL-810-2000-1, Hearing Conservation Programs
n MI EL-890-2007-4, Lead Hazard Management Program
n MI EL-890-2007-2, Asbestos-Containing Building Materials Control Program
n MI EL-810-2006-3, Response to Hazardous Materials Releases
n MI EL-810-2008-4, Hazard Communication (HazCom) Program
n MI EL-810-2010-1, Confined Space Safety Program
Maintenance Management Orders (MMOs) on safety-related subjects such as lockout/tagout, hazard communication, and personal protective equipment are available on the Maintenance Technical Support Center’s Web site: www.mtsc.usps.gov.
Additional guidance is available in the Safety Training Matrix located on the Safety Resources Web site. Go to http://blue.usps.gov/wps/portal in the left column, under “Essential Links,” click on Safety Resources, then click A to Z Index, then Safety Training.
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817.51 Standard Curriculum
[Revise the text of 817.51 to read as follows:]
Learning and Development, in coordination with SOCP and other Headquarters functional areas, is responsible for developing, implementing, and keeping current a safety and health training curriculum to comply with OSHA standards and Postal Service policies. Managers and supervisors at all levels must refer to this curriculum and ensure that all affected employees are trained and that training is current and properly recorded.
817.52 Special Emphasis Training Programs
[Revise the text of 817.52 to read as follows:]
Special emphasis training programs must be developed and initiated by Headquarters, areas, districts, plants, and other offices, as appropriate, to:
a. Reduce the principal causes of accidents and injuries, musculoskeletal disorders (MSDs) and occupational illnesses, and
b. Ensure compliance with OSHA requirements.
817.53 Training in Handling Hazardous Materials
[Revise the text of 817.53 to read as follows:]
In installations where employees handle or transport potentially hazardous materials, the installation head must establish a program of promoting safety awareness through communications or training, as appropriate (see MI-EL-810-2008-4, Hazard Communication (HazCom) Program). Such a program must include, but is not limited to, the following elements:
a. Posting information, pamphlets, or articles in Postal Service publications, such as area bulletins, and use of distributed posters or videos.
b. Distribution of current Publication 52, Hazardous, Restricted, and Perishable Mail, to employees whose duties may require acceptance or dispatch of hazardous, restricted, or perishable items.
c. Distribution of current Handbook EL-812, Hazardous Materials and Spill Response, to employees whose duties may include handling of hazardous materials and initial response to spills and leaks (First Responder Awareness Level). Acceptance and dispatch personnel must use Tag 44, Sack Contents Warning, to appropriately identify all mailbags containing only biological substances in Category “B” (UN 3373).
d. Training in on-the-job awareness for employees whose duties may require the handling or transportation of hazardous, restricted, or perishable items. Training must include, but is not limited to, the following:
1. Hazard identification,
2. Proper handling of hazardous materials,
3. Personal protective equipment availability and use, and
4. Cleanup and disposal requirements for hazardous materials.
This includes Aviation Mail Security hazardous materials training.
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817.8 OSHA Job Safety and Health Protection Posters
[Revise the text of 817.8 to read as follows:]
Each facility must post OSHA Poster 3165, Job Safety and Health Protection, in a conspicuous place. This poster outlines management responsibilities and employee responsibilities and rights under the OSH Act. Poster 3165 and the Spanish-language version, Poster 3167, are available from the Material Distribution Center.
817.9 Training Records
[Revise the text of 817.9 to read as follows:]
For each employee, records of safety and health training must be maintained to demonstrate compliance with Postal Service policies and OSHA requirements. The records must be retained and available to allow inspection by Postal Service and OSHA officials. All safety training must be recorded in the Learning Management System (LMS).
Note: Documentation of safety talks and safety-related on-the-job training must be maintained either at the facility level or in the case of safety talks, in the Safety Talks module of the Safety Toolkit. These records must be available to allow inspection in a timely manner.
818 Safety and Health Program Budgeting
[Revise the text of 818d to read as follows:]
d. Development and delivery of safety, health, and ergonomics awareness and promotional programs.
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821.11 Postal Service and OSHA Reporting and Recordkeeping Requirements
[Revise the text of 821.11 to read as follows:]
The Postal Service is required by 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses, to use the following to record occupational injuries and illnesses:
a. OSHA Form 300, Log of Work-Related Injuries and Illnesses;
b. OSHA Form 300A, Summary of Work-Related Injuries and Illnesses; and
c. OSHA Form 301, Injury and Illness Incident Report; or
d. Equivalent forms.
The Postal Service uses an accident reporting process — the Employee Health and Safety system (EHS) — to fulfill these requirements. The PS Form 1769/301, Accident Report, generated by EHS is equivalent to the OSHA Form 301.
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[Revise the title and text of 821.121 to read as follows:]
821.121 General Requirements for Using the Employee Health and Safety Subsystem
The manager or supervisor of the employee or operation involved must:
a. Report all accidents and occupational injuries and illnesses in the Employee Health and Safety (EHS) within 24 hours of the date of the accident, the diagnosis of injury or illness, or the notification of the manager of the situation.
b. Provide a copy of PS Form 1769/301, Accident Report, generated from EHS, to the employee involved upon written request.
Completion of the report in EHS is required by Postal Service policy if an accident occurs and by the OSH Act if an occupational injury or illness that is recordable by OSHA definition occurs, regardless of tort claim action or the requirements of the Federal Employees’ Compensation Act.
821.122 OSHA Requirements
[Revise the text of 821.122 to read as follows:]
In accordance with OSHA Part 1904, OSHA Form 301 must be completed for each recordable injury or illness. The PS Form 1769/301, Accident Report, must be maintained along with the OSHA 300 Log for 5 years.
821.123 Postal System for Accident Reporting
[Revise the text of 821.123 to read as follows:]
An accident report must be entered into EHS by the supervisor when any one of the following occurs:
a. Injury or illness of a Postal Service employee. The appropriate OSHA recordable indicator and Postal Service reportable status are automatically identified in the EHS system, which uses OSHA recordkeeping guidelines to determine OSHA recordability, and follows guidelines for Postal Service requirements.
b. Death of a Postal Service employee on Postal Service premises or on the job. U.S. Department of Labor Form CA-5, Claim for Compensation by Widow, Widower, and/or Children, or CA-6, Official Superior’s Report of Employee’s Death, is generated from EHS and submitted to the Office of Workers’ Compensation Programs (OWCP).
c. Injury or fatality to a non-Postal Service person on Postal Service premises. Unless a contractor is involved, this is not an OSHA-recordable event (see OSHA Parts 1904.25, 1904.39-41, and 1904.43-44).
d. Motor vehicle accident that results in death, injury, or property damage, regardless of cost, who was injured (if anyone), or what property was damaged.
e. Damage of $500 or more to Postal Service property or to property of customers or the general public, regardless of whether an injury was involved.
f. Fire damage of $100 or more to Postal Service property.
[Revise the title of 821.13 to read as follows:]
821.13 Reporting Using EHS
[Revise the title and text of 821.131 to read as follows:]
821.131 Completing the Accident Report in EHS
The manager or supervisor of the employee or operation reports all accidents and occupational injuries and illnesses in EHS within 24 hours.
Managers and supervisors of the employee or operation are responsible for quickly and accurately investigating all accidents and occupational injuries and illnesses to determine root causes, and they are responsible for completing the accident report in EHS.
[Revise the title and text of 821.132 to read as follows:]
821.132 Reviewing the Accident Report
Review is conducted as follows:
a. The supervisor’s immediate manager must review each PS Form 1769/301, Accident Report, for accuracy and its application (including OSHA recording status), and follow up to ensure that action is taken to prevent similar occurrences.
b. The installation head (or designee) must review the report to see if positive action has been taken or is planned.
c. Servicing safety personnel must ensure that accident causes are identified, that the action taken is appropriate, and complete the necessary actions in the back end of EHS.
[Revise the title and text of 821.133 to read as follows:]
821.133 Making Corrections to the Accident Report
Correct erroneously recorded data by submitting a new, correct version of the accident report into EHS.
The District Safety must be contacted if corrections to an accident report are necessary.
[Delete 821.134 in its entirety.]
821.14 Maintaining Logs and Summaries
821.141 OSHA 300, Log of Work-Related Injuries and Illnesses
[Revise the 2nd sentence of 821.141 to read as follows:]
***All such injuries and illnesses must be recorded and maintained in the Employee Health and Safety (EHS) system for inclusion on the automated OSHA 300 log.
821.142 OSHA 300A, Summary of Work-Related Injuries and Illnesses
[Revise the text of 821.142 to read as follows:]
Print a copy of the OSHA Form 300A from EHS, and post it for the period of February 1 through April 30 each year in a conspicuous place at every establishment where employees work or report to work.
821.143 OSHA 301, Injury and Illness Incident Report
[Revise the text of 821.143 to read as follows:]
OSHA Form 301 must be filled out for each OSHA-recordable, work-related illness or injury within 7 days of notification (see 821.122). PS Form 1769/301, generated by EHS, is equivalent to OSHA Form 301.
821.144 Retention
[Revise the text of 821.144 to read as follows:]
Retain OSHA Forms 300, 300A, and PS Form 1769/301 for 5 years after the end of the calendar year. These forms are all available for 5 years in the EHS system.
* * * * *
821.22 Method
[Revise the text of 821.22 to read as follows:]
To have first-hand knowledge of every accident that occurs in their operation, supervisors must make thorough investigations that include at least the following:
a. Interview employees to determine:
1. What caused the accident,
2. Why it happened, and
3. What the employees and supervisor think could have been done to prevent it.
b. Promptly inspect the accident site to determine what conditions (such as equipment and work practices) contributed to the accident.
c. Interview witnesses and coworkers.
d. Examine the most recent PS Form 1783, On-the-Job Safety Review/Analysis, for the task involved to determine if changes are required. Update as needed and review with all affected employees. If a PS Form 1783 is not on file, determine if one is necessary. If so, prepare one. See the Safety Resources page on Blue for assistance in completing a PS Form 1783.
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[Move the text from current 822.1 to create new 822.11 to read as follows:]
822.11 General
Certain types of serious accidents need attention at the District, Area, and Headquarters levels. Managers must use the Serious Accident Report (SAR) Tool in the Safety Toolkit to comply with the serious accident reporting (SAR) requirements listed in 822.13 and 822.14.
[Renumber current 822.11 as 822.12 and revise the text to read as follows:]
822.12 Definition of “Serious Accident”
A “serious accident” is defined by the Postal Service as any Postal Service-related occupational accident, illness, or disease that:
a. Results in the death of one or more employees or non-Postal Service persons1.
b. Results in the inpatient2 hospitalization of one or more employees or non-Postal Service persons.
c. Results in the death of an employee or non-Postal Service person within 6 months of the date of the accident (even if it was not immediately reportable).
d. Involves property damage (combined Postal Service and non-Postal Service) estimated to exceed $100,000.
e. Involves mutilation, amputation (including major cartilaginous body parts such as ears and nose), or loss of vision in one or both eyes to an employee or non–Postal Service person.
f. Results in inpatient2 hospitalization due to chemical or biological exposure.
1. For non-Postal Service persons, there must be a postal nexus. For example, a customer collapsing in a lobby due to illness would not be classified as a serious accident.
2. Inpatient hospitalization does not include observation, emergency room, and all other forms of outpatient care.
[Renumber current 822.12 as 822.13 and revise the text to read as follows:]
822.13 Reporting Requirements for Installation Heads
The reporting requirements for installation heads are as follows:
a. The installation head must report all serious accidents to the district manager by COB the day of the accident.
b. The installation head, after consultation with the servicing safety office, must report by telephone (800-321-OSHA/800-321-6742), in person at the nearest OSHA office, or on the web-based fatality/injury/illness reporting application at www.osha.gov, the following:
1. Any accident that is fatal to one or more employees must be reported within 8 hours. Note: Employers must report all fatal heart attacks occurring in the work environment, whether OSHA recordable or not (OSHA § 1904.39(b) (5)).
2. Any accident that results in in-patient hospitalization of one or more employees within 24 hours of the work-related injury must be reported within 24 hours.
3. Any amputation (partial or complete loss of a limb or external body part, but not requiring bone loss), even if not resulting in an in-patient hospitalization, must be reported within 24 hours.
4. Any loss of an eye, even if not resulting in an in-patient hospitalization, must be reported within 24 hours.
c. The report to OSHA should relate the following information:
1. Name of the establishment.
2. Location of the incident.
3. Time of the incident.
4. Number of fatalities or hospitalized employees.
5. Names of any injured employees.
6. Postal Service contact person and his or her telephone number.
7. Brief description of the incident.
d. The installation head is not required to report:
1. Motor vehicle accidents that occur in public streets, except those in construction work zones (OSHA § 1904.39(b) (3)).
2. Commercial airplane, train, subway, or bus accidents (OSHA § 1904.39(b)(4)).
e. The installation head must provide records within 4 business hours to an OSHA compliance officer who requests them (OSHA § 1904.40(a)).
f. The installation head must promptly report to the appropriate union:
1. Any employee fatality.
2. Any serious industrial, noncriminal accident or injury.
[Renumber current 822.13 as 822.14 and revise the title and text to read as follows:]
822.14 Reporting Requirements for District Managers
A fatality, amputation, mutilation, or OSHA-reportable accident, as defined in 822.13b, must be reported within 8 hours to the area Human Resources manager and manager, Safety and OSHA Compliance Programs, Headquarters.
822.15 How to Complete Serious Accident Reports
[Renumber current 822.14 as 822.15 and revise the text to read as follows:]
Complete as much as is known in order to submit a timely report. Follow up with additional information if necessary. The SAR Tool will use the following format:
a. Post Office or facility, city, state, and ZIP Code.
b. Name, title, and telephone number of the installation head (state whether the official has personal knowledge of the situation).
c. Brief description of accident, including:
1. Date and time of accident or death (make a supplementary report if a death occurs after the initial report).
2. Location.
3. Name, home address, title, age, sex, years of service, and extent of injuries to Postal Service employee(s).
4. Name, age, sex, address, and extent of injuries to non-Postal Service persons involved.
5. Type of work employee was performing when the accident occurred.
6. Vehicle, equipment, or property damage, Postal Service or non-Postal Service (state the make, model, and type of vehicle and whether a seat belt was used).
7. Probable cause(s) of accident.
8. Police charges (if any and if known).
9. Name, title, and level of supervisor on duty.
822.2 Investigating Serious Accidents
822.21 OSHA Investigations
[Revise the text of 822.21 to read as follows:]
OSHA may elect to investigate occupational fatalities or serious accidents. If notified by OSHA personnel of their intent to investigate, the servicing safety office will immediately notify the:
a. Local Area Law Department,
b. Area Manager Human Resources,
c. Headquarters General Counsel, and
d. Manager, SOCP.
822.22 Postal Service Serious Accident Investigation Board
822.221 Mandatory Composition
[Revise the text of 822.221 to read as follows:]
A management board appointed by the district manager must investigate job-related fatalities and other serious accidents as defined in 822.12. The board must be appointed within 24 hours of the accident and must include:
a. One operations manager who has no functional relationship to the activities involved in the accident; this person will serve as chairperson.
b. One manager from the office who has a functional relationship to the activities involved in the accident.
c. The manager, Safety, or designated safety specialist, as appropriate.
d. One Postal Service medical advisor appointed in consultation with the area medical director.
Exception: Some serious accidents involving customers or Postal Service employees may not warrant a full investigation by a board. Vice presidents of Area Operations may waive investigations of serious accidents if they determine that the purpose of an investigation (see 822.223) is unlikely to be realized because of the circumstances of the accident. If district managers believe a waiver is justified, they should request a waiver from their vice president of Area Operations. If a waiver is granted, it should be documented and the file treated in accordance with the requirements of 822.225.
822.222 Optional Composition
[Revise the text of 822.222 to read as follows:]
One employee representative from the local safety and health committee, when requested by the appropriate union, will be permitted to accompany the board in its investigation of industrial, noncriminal accidents. SOCP, Headquarters, may provide investigative assistance when such assistance is determined to be appropriate by the area Human Resources manager. The vice president of Area Operations may designate, as deemed necessary, an area-level representative to serve on or to provide consultation to the board.
* * * * *
822.224 Board Investigation Report
[Revise the text of 822.224 to read as follows:]
The board must use the SAR Tool to report findings and recommendations:
a. Detailed description of accident, as follows:
1. Employee’s relationship (location) to physical surroundings.
2. What the employee was doing when the accident occurred and how he or she was doing it.
b. Statements from the following:
1. Employee.
2. Witness(es).
3. Other person(s) interviewed.
c. Photographs of the accident scene.
d. Pertinent findings.
1. What the employee did, or failed to do, that contributed to the accident. Include unsafe acts and violations of safety rules, such as not wearing a seat belt (see 844), lack of knowledge, and lack of training.
2. What others involved did, or failed to do, that contributed to the accident.
3. The main reason for the actions (what was done or failed to be done) that contributed to the accident.
4. Deficiencies and unsafe or adverse conditions in the work environment that contributed to the accident.
5. If applicable, the reason for the deficiencies in the work environment.
e. Quality and type of action taken by management after the accident occurred.
1. Immediate supervisor’s investigation (see 821.2 for responsibilities).
2. Upper level managers’ actions (responsibilities include ensuring that all employees involved in similar work are instructed, revising work procedures or practices when required, and ensuring that the board’s recommendations are implemented when appropriate).
f. Actions recommended by the board to prevent future occurrences of similar accidents.
822.225 Investigation Reporting and Response Requirements
[Revise the text of 822.225c to read as follows:]
c. District. The original copy of the investigation board report is retained at the district safety office. In addition:
1. For fatal and catastrophic (OSHA-reportable) incidents only, an executive summary must be forwarded to the area Human Resources manager. The summary should include at a minimum:
a. The date and time of the incident,
b. The name and location of the installation,
c. Personnel information,
d. A brief description of the incident,
e. Causal factors,
f. Recommendations, and
g. Proposed corrective actions.
2. When the investigation board report indicates items with national impact, a complete copy of the board report must be forwarded to the area Human Resources manager for review and consultation with any affected Headquarters departments.
* * * * *
823 Program Evaluation
823.1 Purpose
[Revise the text of 823.1 to read as follows:]
The purpose of routine safety and health program evaluations is to:
a. Measure the effectiveness of the Postal Service’s safety and health program at each organizational level,
b. Ensure OSHA compliance, and
c. Promote a model for effective safety and health programs.
A program evaluation must include compliance with the program elements included in this chapter and other Postal Service policy and procedure documents, including handbooks, manuals, and management instructions.
823.2 Responsibilities
823.21 Headquarters
[Revise the text of 823.21 to read as follows:]
Headquarters is responsible for the following:
a. Defines performance metrics,
b. Identifies facilities to be evaluated,
c. Establishes and interprets program criteria,
d. Assesses overall program performance, and
e. Conducts safety and health program evaluations at various organizational levels when deemed appropriate.
823.22 Areas
[Revise the 2nd sentence of 823.22 to read as follows:]
***Vice presidents of Area Operations review district safety and health program evaluations and monitor performance.***
[Revise the title of 823.23 to read as follows:]
823.23 Districts
[Delete the text of 823.23 in its entirety and add new 823.231 to read as follows:]
823.231 General
Districts must conduct annual safety and health program evaluations. Personnel performing the program evaluation must use the most recent Program Evaluation Guide contained in the Safety Toolkit, and enter the program evaluation findings into the Safety Toolkit. If a Headquarters or area-sponsored program evaluation is conducted during the fiscal year, it fulfills the annual requirement. Program evaluations are not required at administrative facilities regardless of the work years of employment in the regular workforce. However, if these sites are going to apply for OSHA’s Voluntary Protection Program, a program evaluation is required. Administrative facilities include stand-alone District Offices, stand-alone Area Offices, and Remote Encoding Centers.
[Renumber current 823.231 as 823.232 and revise the title to read as follows:]
823.232 District and Subordinate Installations with 100 or More Work Years
* * * * *
[Renumber current 823.232 as 823.233 and revise the title and text to read as follows:]
823.233 District and Subordinate Installations with More Than 50 but Less Than 100 Work Years
District and subordinate installations with more than 50 but less than 100 work years must have annual program evaluations. Usually, they are conducted by the facility safety coordinator (FSC), but the supporting manager, Safety, may elect to conduct the annual program evaluation in some instances. A program evaluation conducted by the supporting Safety Office fulfills the annual evaluation requirement.
[Renumber 823.233 as 823.234 and revise the text to read as follows:]
823.234 Program Evaluations in Support of the National Performance Assessment
a. District or plant safety specialists must perform all National Performance Assessment (NPA) program evaluations at facilities with 100 or more work years.
b. District safety specialists or members of trained District or Area teams may perform NPA program evaluations at facilities with 50 to 100 or less than 50 work years.
c. It is recommended that safety personnel and FSCs do not perform NPA program evaluations at their own facilities. However, it is permissible if time, budget or resource constraints are an issue.
823.3 Program Evaluation Report
[Revise the text of 823.3 to read as follows:]
The procedure for reporting on a program evaluation includes the following steps:
a. The evaluator(s) will hold an opening and closing conference with the installation head.
1. The lead evaluator will enter the facility program evaluation record into the Safety Toolkit and use the reports module to produce a draft score sheet for discussion with the installation head at the closing conference.
2. At the closing conference, the lead evaluator will present the findings and allow the installation head to present additional information that may impact the score.
3. Once the closing conference is completed, the lead evaluator cannot consider any additional information provided by the installation head.
4. The lead evaluator will make any necessary adjustments to the findings and score immediately following the closing conference and provide a copy of the draft score sheet to the installation head.
b. The lead evaluator will finalize the evaluation in the Safety Toolkit within 5 calendar days of completion of the closing conference. Managers, Safety must send the final report to the Postmaster or plant manager, with copies to the appropriate manager, Post Office Operations, or lead plant manager.
c. If any PEG criteria are not met, the installation head must complete an Action Plan in the Safety Toolkit. The Action Plan explains specific actions to be taken to eliminate program deficiencies. All actions outlined in the Action Plan must be fully implemented within 30 days from the date the PEG is finalized.
d. The supporting manager, Safety, will monitor completion of Action Plans and report noncompliance through channels to the manager, Post Office Operations, or plant manager at least once a quarter. The Safety Toolkit Evaluation Reports Module will generate the noncompliance report.
* * * * *
[Revise the title of 824.32 to read as follows:]
824.32 District and Subordinate Installations with 100 or More Work Years
824.321 Requirement
[Revise the 1st sentence of 824.321 to read as follows:]
District and plant safety personnel must conduct a semiannual inspection of all installations with 100 or more work years of employment in the regular workforce and enter their inspection findings into the Safety Toolkit.***
* * * * *
[Revise the title of 824.33 to read as follows:]
824.33 District and Subordinate Installations with Less Than 100 Work Years
824.331 Requirement
[Revise the 1st sentence of 824.331 to read as follows:]
Collateral duty FSCs must conduct an annual inspection of each installation with less than 100 work years of employment in the regular workforce.***
* * * * *
824.4 Conduct of the Inspections
824.41 Authority
[Revise the text of 824.41b to read as follows:]
b. To have access to all available information relevant to the occupational safety and health of the workplace to be inspected, including:
1. PS Form 1767, Report of Hazard, Unsafe Condition, or Practice;
2. PS Form 1769/301, Accident Report;
3. PS Form 1772, Accident Log;
4. OSHA Form 300;
5. OSHA citations or other correspondence; training records; and
6. All checklist and deficiency reports.
824.42 Inspection Procedures
824.421 Opening Conference
[Revise the 2nd sentence of 824.421 to read as follows:]
***The purpose of this conference is to explain the purpose and scope of the inspection and to inform the installation head that the inspection team will, in the course of inspection, consult with employees and managers as needed.
* * * * *
824.532 More Than 20 and Fewer Than 45 Days
[Revise the 1st sentence of 824.532 to read as follows:]
All deficiencies that are not corrected within 20 days must be reported immediately, along with a Hazard Abatement Plan (HAP), to the district manager with copies furnished to the manager, Post Office Operations, or the lead plant manager; the supporting manager, Safety; and manager, Human Resources, District.***
* * * * *
824.533 More Than 45 Days
[Revise the text of 824.533 to read as follows:]
All deficiencies that are not corrected within 45 days must be reported immediately, along with the HAP through management channels to the vice president of Area Operations, with copies to the area Human Resources manager and the area manager, Safety.
* * * * *
824.535 Submission of Abatement Record
[Revise the 2nd sentence of 824.535 to read as follows:]
***When deficiencies are corrected (hazards abated), the FSC or supervisor/manager responsible for the abatement must enter the abatement date for the deficiency in the Safety Toolkit.***
[Revise the title and text of 824.54 to read as follows:]
824.54 Re-inspection and Follow-up
The procedures for correcting a deficiency must include a process to check (through spot checks and re-inspections as appropriate) whether the corrective action taken has proven to be effective.
Spot checks and re-inspections should be conducted by the same personnel (i.e., full-time safety personnel or FSCs) who performed the original inspection, if possible. Posting of the follow-up inspection results is not required.
The area vice president may designate an Area-sponsored re-inspection following submission of a HAP to the Area.
824.6 Investigating Employee Reports of Hazard, Unsafe Condition, or Practice
824.61 Purpose of PS Form 1767, Report of Hazard, Unsafe Condition or Practice
[Revise the 1st sentence of 824.61 to read as follows:]
PS Form 1767 is designed to encourage employee participation in the Postal Service safety and health program and to provide prompt action when employees report a hazard.***
* * * * *
824.632 Supervisor
[Revise the text of 824.632f to read as follows:]
f. Immediately forward the third copy to the facility safety coordinator.
824.633 Approving Official
[Revise the text of 824.633 to read as follows:]
The approving official (the responsible manager) must initiate action to eliminate or minimize the hazard.
a. If this results in the submission of a work order, attach the original PS Form 1767 and forward it, through channels, to the manager of Maintenance.
b. If the approving official determines that there are no reasonable grounds to believe such a hazard exists, the employee must be notified in writing within 15 calendar days. (Safety personnel must assist in this determination when requested.)
c. If the hazard was abated through actions of the approving official:
1. The employee must be notified in writing, and
2. The original PS Form 1767, with a statement of actions taken, must be forwarded to the safety office.
824.634 Safety Personnel and Collateral Duty Facility Safety Coordinators
[Revise the 3rd sentence of 824.634 to read as follows:]
***They must routinely provide status reports of PS Form 1773 logs and Safety Toolkit reports at executive and Joint Labor-Management Safety and Health Committee meetings (or regular staff meetings in facilities with fewer than 50 employees).
* * * * *
825 OSHA Inspections
[Revise the text of 825 reference note to read as follows:]
825.1 Purpose
[Revise the 1st sentence of 825.1 to read as follows:]
The purpose of section 825 is to provide general guidance when compliance safety and health officers (CSHOs) or compliance safety and health officer industrial hygienists (CSHO-IHs) from OSHA conduct announced or unannounced inspections or investigations of Postal Service facilities.***
825.2 Scope
[Revise the 2nd sentence of 825.2 to read as follows:]
***In Postal Service, owned or leased facilities, it is the responsibility of the Postal Service to ensure compliance with OSHA requirements.
* * * * *
825.44 Records Review
825.441 Safety Records
[Revise the text of 825.441 to read as follows:]
It is the policy of the Postal Service to require that the CSHO present all requests for documents in writing to the person designated by the Postal Service as the one at the facility to receive such requests during the inspection. It is also Postal Service policy to respond as quickly as possible to such requests. All documents provided at the request of CSHO are recorded on a documentation log. The CSHO is authorized to review all records that are required to be maintained under the OSH Act. Examples of the types of records that can be reviewed include the OSHA log and summary and PS Form 1769/301 when it is used to record injuries and illnesses.
* * * * *
825.45 Participation
[Revise the title of 825.451 to read as follows:]
825.451 Management Participation during Inspections
* * * * *
[Revise the title of 825.453 to read as follows:]
825.453 Employee Participation during Inspections
* * * * *
825.462 Health Sampling
[Revise the 1st sentence of 825.462 to read as follows:]
To determine whether a violation of health standards exists, the CSHO may collect samples, including full-shift (8-hour tour) sampling.***
* * * * *
825.48 Closing Conference
[Revise the text of 825.48 to read as follows:]
After completing the review of records, employee interviews (if necessary), and the walk-around inspection, the CSHO ordinarily will conduct an exit conference with the senior Postal Service official and other team members. If the CSHO does not offer to conduct the conference, one should be requested. If the Postal Service installation has a full-time safety professional, that person must also attend this closing conference. If any safety professionals have been called in from a plant or district, they must also attend the closing conference along with the collateral duty FSC.
Employee representatives from the walk-around inspection must also attend. During this conference, all conditions or practices that the CSHO believes may constitute safety or health violations should be reviewed. Efforts should be made to have the CSHO explain in as much detail as possible what violations he or she believes have been observed, and what citations, if any, he or she intends to recommend for issuance to the area director.
825.49 Post Conference Internal Communications
[Revise the text of 825.49 to read as follows:]
Following the closing conference, the senior Postal Service official must immediately notify the area vice president that the inspection has been completed.
It is policy and direction of the General Counsel that following the closing conference, the installation head must prepare a memorandum for and directed to the General Counsel summarizing OSHA’s findings and any other pertinent information concerning the inspection. This report must be considered privileged and confidential as attorney-client communications and attorney-work product. The report must be prepared and transmitted to the servicing area General Counsel within 48 hours of the closing conference. Copies of the report are to be sent only to the area Human Resources manager and the manager, SOCP. No other copies are to be distributed.
825.5 Citations
825.51 Issuance and Posting
[Revise the text of 825.51 to read as follows:]
Following an inspection, if violations have been observed, OSHA may issue citations alleging violations and stating a proposed penalty and proposed abatement date (OSHA Form 2, Citation and Notification of Penalty).
Upon receipt of a citation, notify area and Headquarters General Counsel and SOCP. A copy must be faxed or emailed immediately to SOCP, Headquarters, and the vice president of Area Operations. The citations must be forwarded to the district safety manager immediately (by COB that day) and entered into the national citation management tracking system by the district safety office, who will update each entry promptly until the citation is resolved and closed.
In accordance with the instructions that accompany the citations, copies of the citations are to be posted in the affected facility at the locations where important announcements are customarily posted for employees. The citations are to remain posted until they are finally resolved.
825.52 Abatement
[Revise the text of 825.52 to read as follows:]
A citation includes a proposed date by which each alleged violative condition must be corrected. The length of the period allowed varies based on:
a. The type of hazard involved,
b. The severity of the risk to employees, and
c. OSHA’s assessment of the difficulty of correcting the hazard.
It is the policy of the Postal Service to abate violative conditions promptly. Whether a condition constitutes a violation, and whether a proposed penalty, abatement date, and means of abatement are reasonable, however, are matters to be resolved with OSHA once the citation has been reviewed by Headquarters SOCP and the Headquarters General Counsel.
825.53 Informal Conference
[Revise the 2nd sentence of 825.53 to read as follows:]
***Informal conferences are managed by area or Headquarters Safety and OSHA Compliance Programs, and attended by field legal counsel or Headquarters legal counsel as deemed appropriate by Headquarters.
825.54 Citation Management and Procedure for Paying Fines
[Revise the text of 825.54 to read as follows:]
Citations must be managed in accordance with instructions from the Headquarters General Counsel and SOCP. (See Handbook EL-802 and OSHA publications therein about citations and required actions.)
[Revise the title and 1st sentence of 825.6 to read as follows:]
825.6 District File of OSHA Inspections
The district file of OSHA inspections is the official record of OSHA compliance activity.***
* * * * *
831.332 Drivers’ Responsibilities
[Revise the text of 831.332 to read as follows:]
Drivers must:
a. Drive safely and defensively,
b. Practice personal safety,
c. Obey all state and local traffic laws and Postal Service driving policies, and
d. Extend courtesy in all situations.
831.4 Accident Analysis
[Revise the 2nd sentence of 831.4 to read as follows:]
***They must also develop and implement countermeasures designed to prevent motor vehicle accidents at their installations.
* * * * *
832 Powered Industrial Truck Safety
[Delete the text of 832 in its entirety and add new 832.1 to read as follows:]
832.1 General
Employees authorized to operate powered industrial trucks (PITs) must be given operator training in accordance with Occupational Safety and Health Administration (OSHA) standard 1910.178, Powered Industrial Trucks. Before operating PITs, employees must be evaluated and certified. They must follow the operating rules and regulations outlined in Postal Service handbooks, OSHA 1910.178, and the manufacturer’s operating instructions.
[Renumber current 832.1 as 832.2 and revise the text to read as follows:]
832.2 Objective
The objective of the PIT Safety Program is to comply with OSHA 1910.178 and to promote safe PIT operation to reduce potential losses, human suffering, and property damage while maintaining the efficient distribution of mail.
The following handbooks provide policy and procedures for implementing an effective PIT Safety Program:
n EL-801, Supervisor’s Safety Handbook.
n EL-803, Maintenance Employee’s Guide to Safety.
n EL-814, Postal Employee’s Guide to Safety.
n PO-701, Fleet Management.
[Delete 832.2 in its entirety.]
[Revise the title of 832.3 to read as follows:]
832.3 Operator Selection and Responsibilities
* * * * *
[Delete 832.32 in its entirety.]
[Renumber current 832.33 as 832.32 and revise the text to read as follows:]
832.32 Operators’ Responsibilities
PIT operators must follow:
a. Postal Service policy and procedures and
b. OSHA 1910.178.
832.4 Supervisors’ Responsibilities
[Revise the text of 832.4 to read as follows:]
Supervisors must ensure that the PIT operators they supervise operate PITs safely and follow Postal Service policies and procedures, as well the requirements of 29 CFR 1910.178.
* * * * *
833 Safety and Health in Design, Procurement, and Construction
* * * * *
833.2 Supplemental Standards
[Revise the 3rd sentence of 833.2 to read as follows:]
***Therefore, the manager, Safety and OSHA Compliance Programs, Headquarters, must coordinate all such requests with the Department of Labor.
* * * * *
841.1 Objectives
[Revise the 1st sentence of 841.1 to read as follows:]
The purpose of Safety Awareness Programs is to promote interest, increase safety awareness, and gain acceptance of safe work practices.***
* * * * *
842 National Safety Awards and Contests
842.1 Participation
[Revise the text of 842.1 to read as follows:]
All eligible installations must participate in the National Safety Council’s Safe Driver Award Program.
* * * * *
842.22 Performance
[Revise the 2nd paragraph of 842.22 to read as follows:]
***These guidelines constitute a basis by which drivers can measure their own performance and by which supervisors can measure the performance of individual drivers. When this standard of performance is clearly understood by both drivers and supervisors, it becomes a logical, fair, and workable basis for effective safety supervision. These rules are not intended as the basis of disciplinary action.
* * * * *
843 Safety Incentive Programs
843.1 Concept
[Revise the 4th sentence of 843.1 to read as follows:]
***Incentive programs must not be used to encourage non-reporting of accidents, injuries, or illness.***
843.2 Selected Programs
[Revise the text of 843.2 to read as follows:]
Increased safety awareness may be accomplished with programs that recognize driver-of-the-month or -year, safety-captain-of-the-month or -year, best safety slogan, fewest violations during safety inspections, demonstrated safety consciousness, best accident record, million-mile awards, etc. Creative development of new programs designed to capture and stimulate interest should be encouraged. Sharing of ideas through cooperative exchange with other agencies or local private industry is encouraged.
* * * * *
844.2 Determination
[Revise the text of 844.2 to read as follows:]
It is the responsibility of the investigation board, to determine and document whether or not an employee was wearing a seat belt at the time of the accident and that no traffic law was being violated by the postal driver. Such determinations are based on, but not limited to, postal and/or police accident investigative reports, autopsy reports, and/or interviews with witnesses, ambulance attendants, police, or attending medical and hospital personnel.
For purposes of this incentive program, where a determination and documentation cannot be made or is conflicting, it will be assumed that the employee was wearing a seat belt and was in compliance with the law.
844.3 Payment
[Revise the last sentence of 844.3 to read as follows:]
***A copy of the request for payment is to be forwarded to SOCP, Headquarters, and is part of the serious accident file.
* * * * *
851.1 Installation Heads
[Revise the text of 851.1 to read as follows:]
Installation heads are responsible for implementing emergency action plans and a fire safety program for the protection of people, mail, and Postal Service property. This is required by 29 CFR 1910, Subparts E and L. This program must include (but is not limited to):
a. Training,
b. Education,
c. Inspection,
d. Enforcement,
e. Drills,
f. Emergency evacuation teams,
g. Written emergency action plans,
h. Written standard operating procedures for hazardous materials releases, and
i. Fire prevention plans as required in this subchapter.
As an independent establishment of the executive branch of the federal government, the Postal Service must also conform to the National Response Plan (NRP) and the National Incident Management System (NIMS) established by the Department of Homeland Security. Plans and procedures required by OSHA and described in this subchapter will be integrated into or coordinated with the NRP and NIMS as appropriate by the Office of Emergency Preparedness.
851.2 Managers and Supervisors
[Revise the 2nd sentence of 851.2 to read as follows:]
***If an immediate corrective measure is beyond his or her capability, the manager must take short-term precautions to ensure the safety of employees and protection of the workplace.***
852 Emergency Action Plan
852.1 Responsibility
[Revise the last sentence of 852.1 to read as follows:]
***Management Instruction EL-810-2006-3, Response to Hazardous Materials Release, provides guidelines for setting up standard operating procedures (SOPs) for releases and describes the relationship of the SOP to the EAP.
852.2 Content
[Revise the text of 852.2 to read as follows:]
The EAP must include the following items (at a minimum):
a. Procedures for emergency evacuation, including:
1. The type of evacuation, exit routes, and illustrations of those routes;
2. Shelters; and
3. Location of fire alarms and extinguishers.
4. Shelter in place procedures must also be documented, if applicable.
b. Procedures for employees who remain to operate or shut down critical building systems before they evacuate.
c. Procedures to account for all employees after emergency evacuations (or shelter in place) have been completed.
d. Procedures and details for special assignments.
e. Procedures for reporting fires and other emergencies based on local requirements.
f. Job titles or names of persons or departments who can be contacted for further information or explanation of duties under the plan.
* * * * *
853.11 Organization
[Revise the text of 853.11 to read as follows:]
In installations having 10,000 square feet or more, an emergency evacuation team (EET) of Postal Service employees must be maintained on each work tour. EETs may be maintained in smaller installations when warranted by the type of operations conducted. If available, EET members should be selected from volunteers. Every Postal Service installation with an organized EET must prepare and maintain a written policy statement that establishes the EET and describes:
a. Its basic organizational structure;
b. The type, amount, and frequency of training members will receive;
c. Number of members; and
d. Functions the EET will perform at the facility.
This statement may be a part of the fire prevention plan.
853.12 Size
[Revise the text of 853.12 to read as follows:]
The size of a facility’s EET will depend on the:
a. Amount of fire-extinguishing and control equipment,
b. Number of exits, and
c. Number of employees on duty.
A schedule must be developed to ensure the availability of the EET.
853.13 Duties of Emergency Evacuation Teams
[Revise the text of 853.13 to read as follows:]
The organizational statement must clearly indicate that at no time will a Postal Service EET fight any fire beyond the incipient stage or respond to HAZMAT emergencies. Employees who have not been trained in the use of fire extinguishers must not use fire extinguishers. For Postal Service purposes, an incipient fire is one in the initial or beginning stages that can be controlled, contained, or extinguished by portable fire extinguishers without the need for personal protective clothing or self-contained breathing apparatus (SCBA). The use of SCBA requires a level of skill and training not usually expected of Postal Service employees. Other EET duties include, but are not limited to:
a. Stopping conveyor belts.
b. Closing doors to rooms and covers at dump holes and conveyor openings.
c. Directing the fire department to the fire.
d. Evacuating injured and handicapped personnel.
e. Inspecting the fire site with the fire department to determine that the fire is completely extinguished and that no possibility of rekindling exists.
f. Moving vans from loading docks.
g. Shutting down all electrical power to the building (or sections of the building) as directed by the local fire department.
h. Maintaining perimeter security to prevent reentry until officially instructed to permit it.
i. Accounting for all employees after emergency evacuation has been completed.
j. Assisting the fire department to maintain crowd control.
853.14 Membership
[Revise the text of 853.14b to read as follows:]
b. Assistant EET Leader. The EET leader appoints an assistant EET leader. The assistant would aid the EET leader, as necessary, and act in the EET leader’s place, if needed.
853.15 Training
[Revise the text of 853.15 to read as follows:]
Members are required to complete initial basic level and annual refresher training. Training and education must be provided to members and alternates before they are expected to perform EET activities. To the extent feasible, safety and fire department personnel should assist in establishing the EET and training its members. EET leaders and training instructors must receive more comprehensive training and education than other members. Such training may be available from state firefighting academies and local fire departments. Training for all members must be on the clock and must cover:
a. Coordination of team activities.
b. Performance of specific EET duties for each member and alternate.
c. Familiarization with all fire-extinguishing equipment.
d. Familiarization with fire alarm systems and fire and other emergency reporting.
e. Classification of fires and the equipment used for each type.
f. Stopping fires from spreading along conveyor belts and between work levels.
g. Performance of first aid and rescue procedures.
h. Conducting EET drills at least once a year to ensure efficiency.
i. Familiarization with the facility incidental release hazardous materials (HAZMAT) Standard Operating Procedures (First Responder Awareness Level).
j. Familiarization with procedures for special situations (e.g., tornado sheltering and earthquakes) where applicable.
* * * * *
853.17 Special Hazards
[Revise the text of 853.17 to read as follows:]
The EET leader must:
a. Inform EET members and alternates about special hazards to which they may be exposed during fire or other emergencies, such as storage and use of:
1. Flammable liquids and gases,
2. Toxic chemicals,
3. Radioactive sources, and
4. Water reactive substances.
b. Inform team members of any changes that occur in relation to the special hazards.
c. Develop written procedures that describe actions to be taken in situations involving the special hazards. The procedures must be:
1. Made available for inspection by EET members and
2. Included in the training and education program (see facility written hazard communication program).
853.18 Installations Without Emergency Evacuation Teams (Less Than 10,000 Square Feet)
[Revise the text of 853.18 to read as follows:]
In installations that do not have EETs, the installation head is responsible for ensuring that supervisors or employees are assigned the following functions in case of a fire or other emergency:
a. Notification of fire department, police, ambulance, or other emergency services.
b. Evacuation of personnel including injured or handicapped employees promptly.
c. Accounting for all employees after emergency evacuation has been completed.
d. Securing of mail, monies, receipts, and accountable and valuable papers.
e. Use of fire extinguishers.
* * * * *
854.32 Training for the Emergency Action Plan and Fire Prevention Plan
854.321 Emergency Action Plan
[Revise the text of 854.321 to read as follows:]
To maintain the EAP, a sufficient number of employees must be designated and trained to:
a. Assist with the execution of a safe and orderly emergency evacuation, and
b. Deal with incidental and emergency releases of HAZMAT in the mail and elsewhere.
This pool of employees must be kept current. See MI EL-810-2006-3, Response to Hazardous Materials Releases.
* * * * *
855 Fire Inspections
855.1 Responsibility
[Revise the last sentence of 855.1 to read as follows:]
***The installation head is encouraged to seek assistance from local fire officials and permit them to conduct fire inspections and pre-fire planning programs.
855.2 Frequency
[Revise the text of 855.2 to read as follows:]
Fire inspections must be conducted in all Postal Service-owned and Postal Service-leased installations. Semiannual inspections are required in all installations with less than 100 work years of employment in the regular workforce. Quarterly fire inspections are required in all installations with more than 100 work years of employment in the regular workforce and in vehicle maintenance facilities. Note: A work year is equal to 1,840 hours for inspections and PEG audits.
* * * * *
856 Alarm Systems and Extinguishers
856.1 Alarm Systems
[Revise the text of 856.1b to read as follows:]
b. Procedures for sounding emergency alarms in the workplace. For those installations with 10 or fewer employees in a particular workplace, direct voice communication is an acceptable procedure for sounding the alarm provided all employees can hear the alarm. Such workplaces need not have a backup system. An alarm device must:
1. Give a warning that provides sufficient reaction time for safe escape of employees from the workplace, the immediate work area, or both.
2. Be in compliance with applicable alarm requirements in Handbooks RE-4, Standards for Facility Accessibility, and AS-503, Standard Design Criteria, to include audible and visible signals.
3. Have the capability of being heard or seen above ambient noise or light levels by all employees in the affected areas of the workplace. Tactile devices (e.g., vibrating pagers) may be used to alert employees who would not be able to recognize the audible or visual alarms.
4. Give a distinctive and recognizable signal to evacuate the work area or to perform actions designated under the EAP (such as shelter in place). If the employee alarm system is also used for alerting EET members or for other purposes, a different signal must be used for each purpose.
856.2 Extinguisher
[Revise the text of 856.2 to read as follows:]
The number, type, location, maintenance, and inspection of fire-extinguisher equipment and systems must be in accordance with 29 CFR 1910.157-1910.163 as required.
Exception: The maximum travel distance to any portable fire extinguisher must not exceed 50 feet.
Fire-fighting equipment that is in damaged or unserviceable condition must be removed from service and replaced immediately.
* * * * *
[Revise the title of 860 to read as follows:]
860 Occupational Health Services
* * * * *
861.2 Mission
[Revise the text of 861.2 to read as follows:]
The mission of Occupational Health Services is to reinforce the relationship between health, productivity, and the achievement of the Postal Service’s business goals. This is accomplished through the development of quality programs and policies designed to promote and maintain employee health and to help ensure a safe, healthful work environment.
The program’s services include but are not limited to the following activities:
a. Providing preventive medical programs in health counseling, education, and training.
b. Managing the care of acutely ill or injured employees.
c. Determining medical ability of applicants and employees to perform the functions of the job.
d. Managing applicant and employee drug and alcohol testing programs.
e. Managing compliance with the regulatory requirements of the:
1. Department of Transportation,
2. Office of Workers’ Compensation Programs,
3. Occupational Safety and Health Administration, and
4. Other entities for which program compliance is required.
f. Managing the medical records of applicants and employees.
g. Providing recommendations regarding physical capabilities, limitations, accommodation, and rehabilitation of disabled employees or applicants.
h. Providing immunization services and participating in community health programs such as blood pressure, glaucoma, and diabetes assessments and blood bank programs.
i. Assisting in the prevention of job-related injuries and illness.
j. Collecting and analyzing epidemiologic data to detect statistical trends in occupational illness or injury.
861.3 Approach
[Revise the text of 861.3 to read as follows:]
The Occupational Health Program presents a uniform approach throughout the Postal Service with respect to occupational health services and health-related activities.
862 Policies
862.1 General Policy
[Revise the text of 862.1 to read as follows:]
It is the policy of the Postal Service to provide and maintain work environments that are conducive to and promote the good health and safety of all employees.
[Revise the title of 862.2 to read as follows:]
862.2 Occupational Health Services Facilities
862.21 District Administrative Office
[Revise the text of 862.21 to read as follows:]
The Occupational Health Services administrative office is an office staffed with one or more occupational health nurse administrators and support staff. The role of this office is to administer the Occupational Health Program at the district level.
862.22 District Health Services Office
[Revise the text of 862.22 to read as follows:]
The Occupational Health Services office is an office within a postal facility staffed with one or more career postal occupational health nurses who provide medically related services within that facility. This office is managed by the occupational health nurse administrator who also has the responsibility for administering the National Medical and Occupational Health Program for the district.
862.23 Area Administrative Office
[Revise the text of 862.23 to read as follows:]
The Occupational Health Services area administrative office is responsible for the administration of the Occupational Health Program for the area. The office consists of the medical director, the area occupational health nurse administrator, and support staff.
863 Staffing and Functional Responsibilities
863.1 General
[Revise the text of 863.1 to read as follows:]
Medical directors and area and district occupational health nurse administrators implement and manage the Occupational Health Program and are responsible for ensuring the highest level of service performance and for ensuring adequate medical staffing within their respective locales.
863.2 Staffing
863.21 General
[Revise the text of 863.21 to read as follows:]
The Postal Service medical staffing consists of a national medical director, medical directors, area and district occupational health nurse administrators, staff occupational health nurses, along with community-based contract medical facilities, physicians, nurses, and consultants.
* * * * *
863.3 Administrative and Functional Responsibilities
863.31 National Medical Director
[Revise the text of 863.31 to read as follows:]
The national medical director:
a. Plans and develops policy for the National Medical and Occupational Health program.
b. Provides guidance to the area Human Resources managers and area medical directors.
c. Evaluates the performance of all aspects of the National Medical and Occupational Health Program.
The national medical director is administratively responsible to the manager of Injury Compensation and Medical Services.
863.32 Area Medical Directors
[Revise the 1st sentence of 863.32 to read as follows:]
Medical directors provide functional guidance in matters of policy and program requirements to district medical personnel and to postal management.***
[Delete 863.33 and 863.331 in their entirety.]
[Renumber current 863.332 as 863.33 and revise the text to read as follows:]
863.33 Work Schedules
As specified in 5 CFR 2635 (see ELM 662.1), an employee may not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official government duties and responsibilities. Medical directors are usually scheduled to work a minimum of 8 hours per day, 5 days per week.
[Renumber current 863.333 as 863.34 and revise the text to read as follows:]
863.34 Duties
Medical directors perform the following duties:
a. Manage professional medical and medically related services for the area.
b. Establish and act as custodian for all employee medical records within their area of responsibility.
c. Review all serious job-related injuries and fatalities to help determine if the employee’s medical condition contributed to the injury or fatality (see 822.2).
d. Work with the Human Resources staff and coordinate medical activity with safety and injury compensation staffs.
e. Participate in management meetings, particularly those related to health, safety, and injury compensation.
f. Serve as consultant or expert witness in administrative appeal proceedings, as required.
[Delete 863.34 in its entirety.]
863.35 Occupational Health Nurse Administrators
[Revise the text of 863.35f and j to read as follows:]
f. Assisting in ensuring that resources are available for obtaining emergency medical care.
* * * * *
j. Ensuring compliance with the regulatory requirements of the:
1. Department of Transportation,
2. Office of Workers’ Compensation Programs,
3. Occupational Safety and Health Administration, and
4. Other entities for which program compliance is required.
863.36 Health Services Office Staff Nurses
[Revise the text of 863.36 to read as follows:]
Health services office occupational health nurses are functionally and administratively responsible to the district occupational health nurse administrator and to the district Human Resources manager. The duties of the occupational health nurses include but are not limited to:
a. Assisting the occupational health nurse administrator in Occupational Health Services Office duties as assigned.
b. Maintaining medical records.
c. Counseling and referring employees to health-related programs.
864 Medical Assessments and Examinations
864.1 Applicant Medical Assessments and Employee Examinations
[Revise the text of 864.1 to read as follows:]
It is mandatory that all applicants for career, temporary, or casual employment undergo a medical assessment before job placement. Employees who are converted to positions with different physical requirements than their present positions may first undergo a medical assessment. Both applicants and employees may be required to participate in a focused physical examination addressing particular physical requirements.
* * * * *
864.3 Fitness for Duty
[Delete the text from 864.3 and add new 864.31 to read as follows:]
864.31 Reference
See Management Instruction EL-860-2000-7, Fitness for Duty Examinations, for the specific procedures for fitness-for-duty examinations.
[Renumber current 864.31 as 864.32 to read as follows:]
864.32 Purpose
* * * * *
[Renumber current 864.32 as 864.33 to read as follows:]
864.33 Requesting Examination
* * * * *
[Renumber current 864.33 as 864.34 to read as follows:]
864.34 Tests and Consultation
* * * * *
[Revise the title and text of 865.1 to read as follows:]
865.1 Clearance Required: All Bargaining Unit Employees and Those Non-bargaining Unit Employees Returning From Non-FMLA Absences
The decision to clear an employee to return to work rests with management. Management can require employees who have been absent due to an illness, injury, outpatient medical procedure (surgical), or hospitalization to submit documentation (as set forth in 865.3) in order to clear their return to work when management has a reasonable belief, based upon reliable and objective information, that:
a. The employee may not be able to perform the essential functions of his/her position; or
b. The employee may pose a direct threat to the health or safety of him/herself or others due to that medical condition.
In making the decision whether to require documentation in order to clear the employee’s return to work, management must consider the following in order to make an individualized assessment:
a. The essential functions of the employee's job,
b. The nature of the medical condition or procedure involved, and
c. Any other reliable and objective information.
When management is considering requesting return-to-work documentation, management should also seek guidance from the following regarding the return-to-work decision:
a. Occupational health nurse administrator,
b. Occupational health nurse, and/or
c. Postal Service physician.
After consideration of the medical information, the employee’s working conditions, and any other pertinent information, management is to make the decision to clear the employee’s return. Medical personnel consult with management but do not have authority to clear the employee to return to duty.
In cases of occupational illness or injury, the employee will be returned to work upon certification from the treating physician, and the medical report will be reviewed by a Postal Service physician as soon as possible thereafter.
[Revise the title and 1st sentence of 865.2 to read as follows:]
865.2 Non-bargaining Unit Employees Returning After FMLA Absence
To return to work from an FMLA-covered absence because of their own incapacitation, non-bargaining unit employees must provide a statement from their health care provider that they are able to return to work.***
865.3 Documentation Required
[Revise the text of 865.3 to read as follows:]
Medical clearances pursuant to 865.1 must be detailed medical documentation and not simply a statement that an employee may return to work.
a. There must be sufficient information to make a determination that the employee can perform the essential functions of his/her job, and do so without posing a significant risk of substantial harm to oneself or others.
b. The documentation must note whether there are any medical restrictions or limitations on the employee’s ability to perform his/her job, and any symptoms that could create a job hazard for the employee or other employees.
c. The occupational health nurse administrator, occupational health nurse, or Postal Service physician evaluates the medical report and, when required, assists placing employees in jobs where they can perform effectively and safely.
* * * * *
866 Medical Emergencies
[Delete the sentence under 866 in its entirety.]
866.1 Requirement
[Revise the text of 866.1 to read as follows:]
All health services offices must be prepared to respond to emergencies and to provide medical assistance as needed.
866.2 Emergency Procedures
[Revise the text of 866.2g to read as follows:]
g. In non-work-related cases, consult if possible with the employee’s physician after the emergency is under control and before any other arrangements are made. If the employee’s physician is not available, transport the employee to the nearest hospital or hospital of choice.
* * * * *
[Revise the title of 868.1 to read as follows:]
868.1 Medical Provider Services
868.11 Special
[Revise the text of 868.11 to read as follows:]
The national medical director is responsible for the medical delegation/re-delegation for local buying authority as identified in Handbook AS-709, Local Buying and Purchase Card Policies and Procedures, requiring Senior Area Medical Directors (SAMD), Area Occupational Health Nurse Administrator (AOHNA), and District Occupational Health Nurse Administrators (DOHNA) to schedule and purchase medical services for use in emergencies and when Independent Medical Agreements (IMA)are not available to perform the required exams to meet the needs of the Area or District.
Medical services may be purchased under local buying authority but only when:
a. The purchase amount is valued at $2,500 or less per one-time expenditure, or
b. An office estimates that a particular service provided by the same supplier will not exceed $2,500 per year.
Any purchase of medical services valued at more than $2,500 per one-time expenditure, or when an office estimates that a particular service provided by the same supplier will exceed $2,500 per year, must be forwarded to the appropriate Supply Management CMC (AS-709, 1.15.21 Medical Services). Purchases by local buying authority must not be made in lieu of utilizing current IMAs.
Purchases under $2500 using local buying authority will follow the procedures outlined in the Handbook AS-709.
* * * * *
[Revise the title and text of 868.131 to read as follows:]
868.131 Initiating Independent Medical Agreements (IMA)
The following are the procedures for initiating medical agreements with community based medical providers:
a. The medical director or occupational health nurse administrator (OHNA) will request the development of an IMA when current suppliers under national con-tract or another IMA do not provide the necessary services to meet the needs of the district.
b. Medical service examinations which are rare or infrequent the Medical Director or OHNA must refer to the “Medical Service Purchase — Standard Operating Procedure (SOP)” located on the OHS BlueShare site.
c. All requests for the development of an IMA must include an approved eBuy2 to be forwarded to the Employee, Financial, and Technical Services CMC.
d. A copy of the IMA will be provided by Employee, Financial, and Technical Services CMC to the occupational health nurse administrator when completed.
868.132 Certification for Payment of Invoices
[Revise the text of 868.132 to read as follows:]
As invoices are received for services provided by a supplier under national contract or an IMA supplier, the certifying official, OHNA, or medical director executes the following procedures before submitting invoices for payment processing:
a. Verify that the specific services have been rendered and that the invoices are accurate.
b. Review invoices to detect any inconsistencies such as double-billing (billing twice for the same service on separate invoices).
c. Certify invoices by stamping, typing, or handwriting on each original invoice the following information:
1. Signature and title of the certifying official,
2. Printed name and title of the certifying official,
3. Name of postal facility,
4. Finance number,
5. Account Number,
6. Order or Contract Number,
7. AIC (local payments),
8. Date goods were received or that the services were rendered.
9. TIN: EIN or SSN
10. IRS 1099
A sample stamp reads: “I certify that the goods or services have been received and the invoice is correct and proper for payment.”
[Revise the title and text of 868.133 to read as follows:]
868.133 Payment Hierarchy (Electronic Funds Transfer)
In addition to cost savings through a reduction in administrative processing, the reasons for using eBuy2 are as follows:
a. eBuy2 is the preferred method for order placement after in-house excess resources have been checked. It is mandatory for all employees with Blue intranet access to use eBuy2.
b. eBuy2 is also the Postal Service’s web-based electronic requisitioning and approval workflow that replaced PS Form 7381, Requisition for Supplies, Services, or Equipment.
c. eBuy2 allows users to order online from national mandatory and priority source contracts with:
1. Order status checking.
2. Reconciliation.
3. Reporting based on General Ledger Accounts selected.
4. Electronic payment capabilities.
National or area contracts or agreements are available service-wide or to specific geographical areas for headquarters and/or field customer use. Other features include the following:
a. Electronic payment can be made through either the electronic transfer of funds or with a purchase card account if authorized by the Contracting Officer.
b. Multiple orders can be placed against these contracts and agreements. These orders are not considered split purchases regardless of the payment method used as long as they do not exceed the ordering limits in the governing contract or agreement.
* * * * *
868.4 Medical Training
[Delete the text from 868.4 and add new 868.41 to read as follows
868.41 General
See 740.
[Renumber current 868.41 as 868.42 and revise the text to read as follows:]
868.42 Continuation of Training
The Postal Service authorizes training for employees to upgrade or maintain proficiency in their current positions. Continuing medical education by the following is encouraged:
a. Attendance at seminars and medical meetings to improve the professional skills of:
1. Occupational health nurse administrators,
2. Occupational health nurses, and
3. Medical directors.
b. CPR training (with annual recertification) is required for all medical personnel, at Postal Service expense.
[Renumber current 868.42 as 868.43 to read as follows:]
868.43 Requests for Training
* * * * *
868.5 Conflict of Interest
868.51 Full-time Medical Personnel
[Revise the text of 868.51a to read as follows:]
a. Full-time medical personnel must not accept any postal employee as a private patient.
1. Medical personnel are defined as physicians, nurses, and other professional personnel.
2. This rule applies to new patients and does not affect physician-patient relationships that were in existence prior to the issuance of this subchapter.
3. The exception is where an existing private relationship creates an actual conflict of interest (see 662.1), in which case the relationship must be terminated.
* * * * *
[Move 870 in its entirety to 940 and revise the title and text of 870 to read as follows:]
870 Reserved
-- Reserved for future use --
* * * * *
[Add new subchapter 890 to read as follows:]
890 Ergonomics Program
891 Scope
891.1 Authority
The Postal Service complies with applicable federal laws, regulations, and OSHA guidance materials regarding ergonomics.
891.2 Purpose
The Postal Service seeks to continuously improve and sustain safe and healthy working conditions. A proactive ergonomic management effort is an important component to:
a. Prevent musculoskeletal disorders (MSDs) and
b. Reduce or eliminate associated hazards or risk factors that may lead to their development.
An additional benefit of an effective ergonomics program is to optimize human performance and enhance overall efficiency and productivity.
891.3 Safety and Health Integration
The ergonomics program functions as a unit within Safety and OSHA Compliance Programs (SOCP). Notwithstanding, ergonomics utilizes, at a minimum, the established procedures and network of responsible functions and committees referenced in subchapters 810 and 820 to assist in satisfying the ergonomics program’s purpose (891.2) and compliance with national policy and the Occupational Safety and Health Act.
891.4 Ergonomic Compliance Directives
Ergonomic compliance directives will be issued by Postal Service management as necessary in satisfying its program purpose stated in 891.2. Directives will:
a. Originate at the senior management level with recommendations by SOCP, and
b. Then be disseminated to area level operations and safety concurrently for appropriate action.
892 Principles
892.1 Management Commitment, Involvement, and Accountability
The ergonomics program is dependent upon postal management demonstrating commitment, active involvement and accountability for overall ergonomics performance and compliance.
892.2 Definitions
The ergonomics program applicable terms are listed below:
a. Ergonomics — The application of information about people and how the body functions to improve fit between employees, job tasks, and equipment.
b. Musculoskeletal disorders (MSDs) — A category or group of injuries and illness that affect muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs (soft tissues of the body).
c. MSD Risk Factors — Actions in the workplace, workplace conditions, or a combination thereof, that may cause or aggravate a work-related musculoskeletal disorder; examples include:
1. Forceful exertions,
2. Awkward postures,
3. Contact stress,
4. Repetitive exertions, and
5. Physical agents within the environment such as vibration, temperature, and lighting.
893 Program Elements
893.1 Management Commitment
Management, at all levels including first-line supervision, will provide leadership and adequate resources to establish and satisfy compliance expectations. The Postal Service will utilize a team approach with management as the team leader. Just as the line organization is responsible for attaining production levels, ensuring quality of performance, maintaining good employee relations, and operating within cost and budget guidelines, management must likewise demonstrate their commitment and involvement in the ergonomics program (see 811.24).
Management is accountable for the overall performance of the ergonomics program, compliance mandates, and management responsibilities. Overall performance will be accounted for through monitoring of MSD rates as a subset of OSHA Injury and Illness rates.
893.2 Employee Involvement
The Postal Service encourages employee involvement in the ergonomics program and in decisions that affect worker safety and health. This is done by providing opportunities to communicate to them directly or individually, and possibly through participation with the unions to establish ergonomic efforts as needed in accordance with the applicable collective bargaining agreements. Employee involvement will be used to assist with identifying MSD hazards or MSD risk factor exposure (worksite analysis); to recommend method improvements (hazard prevention and control); and to suggest MSD reporting procedures. Employee participation will support the effort to reduce MSD injuries and Illnesses from occurring in our facilities.
893.3 Worksite Analysis
Worksite analysis identifies existing MSD hazards or risk factor exposure in operations and related processing and delivery operations. Equipment condition, configuration, and adherence to proper work methods will be monitored and modifications will be made as necessary. In addition, worksite analysis will include close scrutiny and tracking of injury and illness data records to assist in identifying MSD hazards.
893.4 Hazard Prevention and Control
MSD hazards and risk factor exposure are prevented primarily by effective design of the equipment and job tasks. The ergonomics program uses the following to eliminate or reduce identified hazards and risk factors:
a. Appropriate engineering controls,
b. Administrative controls,
c. Work practice controls, and
d. Personal protective equipment.
Control measures are evaluated to determine if additional modifications are needed.
893.5 Training and Education
Ergonomics training and education will be available, through the Learning Management System (LMS), to ensure that employees at all levels are sufficiently informed to:
a. Successfully fulfill functional job requirements,
b. Actively participate in reducing ergonomic risk factors, and
c. Perform recommended work practices.
Ergonomics refresher training will be provided and updated as needed.
893.6 Program Review and Evaluation
Methods and procedures have been developed to evaluate the ergonomics program and to monitor its progress. Management conducts regular reviews to evaluate the program’s level of success in meeting its purpose.
894 Responsibilities
894.1 Headquarters
894.11 Chief Human Resources Officer
The Chief Human Resources Officer is responsible for:
a. Communicating the expectation that ergonomics shall be included in strategic planning for all Human Resources functions.
b. Promoting the application of ergonomic resources wherever the opportunity exists to reduce the risk of MSDs and enhance employee performance.
894.12 Vice President, Employee Resource Management
The vice president, Employee Resource Management is delegated the authority and responsibility to administer and evaluate the national safety and health program.
894.13 Manager, Safety and OSHA Compliance Programs
The manager, Safety and OSHA Compliance Programs (SOCP) is responsible for:
a. Establishing the integration of ergonomics with other safety and health functions,
b. Overseeing all safety and health programs, and
c. Interacting with headquarters stakeholders to ensure program and activity support.
* * * * *
894.14 Manager, Ergonomics Programs
The manager, Ergonomics Programs administers the Postal Service’s ergonomics program as an integral part of a comprehensive safety and health strategy and the following ergonomic management functions:
a. Ensures the ergonomics program supports compliance with laws, regulations, policies, and practices.
b. Maintains communication with other safety and health functions, operations and engineering functions to ensure ergonomic principles are considered in the design and deployment of all equipment and work methods.
c. Directs the activities of the ergonomic specialists.
894.15 Ergonomic Specialists
The ergonomic specialists are assigned by area and are the principal ergonomic resource for the area they serve. Their responsibilities include:
a. Maintaining regular contact with the manager, Ergonomics Programs, and area safety manager to ensure the integration of ergonomics with safety and health policy.
b. Acting as a resource for health and resource management (HRM) and occupational health services (OHS) at the area and district levels, to assist in the integration of ergonomics with HRM and OHS functions.
c. Producing regular reports at the area and district level on progress made towards reducing MSD injury and illness (II) indicators.
d. Verifying compliance with ergonomics related mandates, regulations, and policies.
e. Assisting installation heads, facility safety coordinators and district safety in identifying opportunities for MSD risk reduction and implementation of ergonomic improvements.
f. Attending Area Safety Committee meetings at the request of the committee.
g. Analyzing MSD data and establishing metrics for targeting high MSD districts/facilities with MSD reduction plans.
h. Reviewing documentation of implemented ergonomic improvements and submitting them to the manager, Ergonomics Programs, for archiving and disseminating.
i. Working with the manager, Ergonomics Programs, to coordinate the activities of the contract ergonomists, where necessary, in support of the ergonomics program.
j. Providing ongoing support to ergonomics teams.
k. Developing the ergonomics knowledge base of area and district leadership, area and district safety committees, district and plant safety specialists and operations at all levels within the organization.
894.2 Area Offices
894.21 Vice President, Area Operations
Vice presidents, Area Operations are responsible for:
a. Providing an effective ergonomics programs in their areas and
b. Ensuring compliance with ergonomics directives.
894.22 Area Executive Safety and Health Committee
The Area Executive Safety and Health Committee is responsible for:
a. Maintaining ergonomics as a permanent agenda item for each meeting.
b. Reviewing injury and illness data, recognizing trends related to musculoskeletal disorders, and recommending a focus on ergonomics action plans as appropriate.
c. Reviewing status reports from the district managers, Human Resources on the semi-annual District Ergonomics Planning and Assessment (DEPA) sessions.
894.23 Area Human Resources Manager
The area Human Resources manager is responsible for:
a. Monitoring the ergonomics program as part of the area safety and health program, and
b. Ensuring area safety resources are available in support of adherence to compliance mandates and implementation of ergonomic improvements.
894.24 Area Safety Manager
The Area Safety Manager is responsible for:
a. Ensuring ergonomics compliance mandates are communicated to district safety personnel.
b. Communicating with ergonomic specialists to resolve ergonomic issues within the area.
894.25 Area Health and Resource Management and Occupational Health Services
These functions work closely with the area ergonomic specialist to integrate the use of ergonomic principles with Occupational Health Services and other Health and Resource Management (HRM) functions to resolve ergonomic issues.
894.26 Area Joint Labor Management Safety and Health Committee
The Area Joint Labor Management Safety and Health Committee is responsible for:
a. Suggesting inclusion of ergonomics as a permanent agenda item for each meeting.
b. Reviewing injury and illness data, recognizing trends related to musculoskeletal disorders, and recommending a focus on ergonomics action plans as appropriate.
c. Assisting in making recommendations for ergonomic improvements.
894.3 Districts
894.31 District Manager
The district manager is responsible for:
a. Supporting implementation and monitoring of the ergonomics program within their district.
b. Ensuring district resources are available in support of adherence to compliance mandates and implementation of ergonomic improvements.
894.32 District Executive Safety and Health Committee
The District Executive Safety and Health Committee is responsible for:
a. Maintaining ergonomics as a permanent agenda item for each meeting.
b. Reviewing injury and illness data, recognizing trends related to musculoskeletal disorders, and recommending a focus on ergonomics action plans as appropriate.
c. Reviewing ergonomic compliance measures, implementation and follow up on progress.
894.33 District Human Resources Manager
The district Human Resources manager is responsible for:
a. Monitoring the ergonomics program.
b. Ensuring district safety resources are available in support of adherence to compliance mandates and implementation of ergonomic improvements.
c. Participating as the chairperson in the semi-annual District Ergonomics Planning and Assessment (DEPA) sessions.
d. Communicating regularly with the district manager and other key operational managers regarding progress on implementation of measures designed to reduce MSD risk factors.
e. Promoting ongoing communication between the district safety manager, manager of HRM and the ergonomic specialist assigned to the area to ensure access to ergonomic resources and ergonomics training.
f. Reporting status and results of the DEPA to the area Human Resources manager.
894.34 District Safety Manager
The district safety manager receives MSD data and ensures that ergonomics is recognized as an important component of a comprehensive strategy to reduce injury and illness. The district safety manager’s responsibilities include:
a. Participating in the semi-annual District Ergonomics Planning and Assessment (DEPA) sessions.
b. Directing district personnel to access available ergonomic resources.
c. Referring safety personnel to the area ergonomic specialist as needed for ergonomic assistance.
d. Identifying the appropriate resources to address ergonomic site-specific issues found in facilities within their district.
e. Reporting on the status of compliance measures addressed during the semi-annual DEPA session at district executive safety and health committee meetings.
894.35 District Safety Specialist
The district safety specialist is responsible for:
a. Assisting with implementation and monitoring of the mandated ergonomics program for facilities within their geographic boundaries.
b. Verifying adherence to compliance mandates.
c. Reviewing MSD statistics and identify facilities in need of a plan for risk reduction.
d. Advising installation heads and/or their designees to resources supporting efforts to implement MSD countermeasures.
894.36 District Health and Resource Manager
The district health and resources manager is responsible for:
a. Participating in the semi-annual District Ergonomics Planning and Assessment (DEPA) sessions.
b. Identifying opportunities to apply ergonomics in return-to-work and reasonable accommodation cases.
c. Working closely with the area ergonomic specialist to integrate the use of ergonomic principles with Occupational Health Services and other HRM functions.
894.37 Occupational Health Services
The Occupational Health Services is responsible for:
a. Recognizing potential MSD risk factors when assessing physical demands associated with job tasks.
b. Making use of available ergonomic tools and resources when performing assessments, and recommendations in return-to work and reasonable accommodation cases.
894.4 Local Facilities
894.41 Installation Head
The installation head is responsible for:
a. Ensuring compliance with safety, operational and maintenance ergonomic mandates as a result of federal regulation and postal policy within the facility.
b. Communicating ergonomic compliance mandates to facility managers and supervisors and ensure compliance.
c. Communicating with district safety manager on implementation of an MSD reduction plan when the facility has been notified as a result of the DEPA.
d. Maintaining documentation of all ergonomic efforts in the facility.
e. Communicating with the applicable unions in accordance with the applicable collective bargaining agreements to establish ergonomic teams as needed for site-specific ergonomic concerns.
f. Communicating commitment and supporting employee involvement in the ergonomics program.
g. Using existing methods for employees to report work-related MSD injuries and illnesses.
h. Investigating work-related MSD injuries and illnesses and taking appropriate action to prevent recurrence.
i. Maintaining and analyzing local work-related MSD data and records.
j. Maintaining access to the Safety Toolkit.
k. Ensuring employees are provided an effective method for communicating ergonomic concerns and improvement ideas (ex: PS Form 1767s, an ergonomics suggestion box, verbally to their immediate supervisor).
894.42 Managers and Supervisors
Managers and supervisors are responsible for:
a. Ensuring compliance with safety, operational and maintenance ergonomic mandates as a result of federal regulation and postal policy within the facility.
b. Regularly monitoring workplace practices and activities to identify MSD risk factors.
c. Receiving employee ergonomic-related suggestions and following up for assessment and possible implementation.
d. Participating in the implementation of changes to reduce MSD risk factors.
e. Ensuring all employees have received training in proper work methods.
894.43 Facility Safety Coordinator
The facility safety coordinator is responsible for:
a. Soliciting and evaluating ergonomic-related input and suggestions from employees.
b. Verifying compliance with ergonomic mandates as part of existing methodologies.
c. Ensuring MSD risk factors are considered when conducting safety and health inspections, completing general ergonomic checklists or other available resources.
d. Promoting the implementation of ergonomic improvements.
e. Performing analyses based upon MSD data.
f. Using task analysis tools and other resources available to address issues.
g. Implementing improvements to resolve or eliminate hazards that have been identified.
894.44 Employee
Refer to ELM Subchapter 814.2, Employee Responsibilities.
894.45 Local Joint Labor Management Safety and Health Committees
The Local Joint Labor Management Safety and Health Committees are responsible for:
a. Suggesting inclusion of ergonomics as a permanent agenda item for each meeting.
b. Reviewing MSDs as a part of injury and illness review.
c. Reviewing MSD risk factors, brainstorming solutions and advocating for implementation of ergonomic improvements.
d. Reviewing employee ergonomic improvement suggestions.
* * * * *
[Add new 940 to read as follows:]
940 Employee Assistance Program
* * * * *
941 Introduction
* * * * *
941.1 Purpose
941.11 General
The Employee Assistance Program (EAP) is a formal, voluntary, non-disciplinary program designed to assist employees and their immediate families in their efforts to resolve personal issues that may impact adversely on work performance, personal well-being, or both. Issues may include, but are not limited to:
a. Substance abuse;
b. Mental health issues such as depression, anxiety, and stress; and
c. Issues that involve family, marital, financial, and legal concerns.
Assistance is provided through:
a. Consultation,
b. Evaluation, counseling, and
c. Referral to community resources and treatment facilities.
941.12 Substance Abuse, Dependence, and Other Addictions
Substance abuse, dependence, and other addictions are serious health problems that can adversely affect an employee’s job performance and personal life. The EAP continues the Postal Service’s obligation under its collective bargaining agreements to provide a program for employees with these problems. EAP is not intended to alter or amend any of the rights or responsibilities of the Postal Service or its employees.
941.2 Definitions
Special terms used in this subchapter include the following:
a. EAP counselor — external and internal EAP counselors must have:
1. An advanced degree from an accredited college or university in a discipline requiring coursework in counseling or intervention (i.e., Psychology, Social Work, Counseling, or Human Services); and
2. A current state licensure to practice independently in the behavioral health field as a social worker, psychologist, professional counselor, or marriage and family therapist. External EAP counselors must also meet any other requirements of the relevant interagency agreement or contract.
b. External EAP service provider — an individual or group external to the Postal Service that provides EAP services through an interagency agreement or on a contractual basis.
c. Family member — any legal dependent of the employee, or anyone living in the employee’s household, with the exception of tenants or employees of the Postal Service employee who live in the household.
d. Internal EAP — an employee assistance program whose counselors are employed by the Postal Service.
e. Management referral — the referral of an employee to EAP by a supervisor or manager because the manager notices behavior that may indicate work performance issues or personal problems.
f. Other addictions — not addiction to drugs or alcohol, but addictive behaviors that may include excessive gambling, eating, and internet use as well as hypersexuality.
g. Other problems — problems such as depression, anxiety, gambling, and stress as well as emotional, family, marital, financial, and legal problems.
h. Self-initiated referral — an employee’s voluntary referral of him- or herself for assistance from EAP, made by directly contacting an EAP counselor.
i. Substance abuse — the excessive use of a substance, especially alcohol or a drug, that results in recurring negative life consequences, such as:
1. Interpersonal conflicts;
2. Failure to meet work, family, or school responsibilities; or
3. Legal problems.
j. Substance dependence — commonly referred to as an addiction, it is characterized by:
1. A need for increasing amounts of a substance to maintain desired effects;
2. Withdrawal symptoms if drug-taking stops; and
3. Preoccupation with activities related to substance use.
941.3 Policy
941.31 Job Security
Participation in EAP is voluntary and will not jeopardize the employee’s job security or promotional opportunities.
941.32 Limits to Protection
Although an employee’s voluntary participation in EAP counseling should be given favorable consideration in disciplinary action, participation in EAP does not limit management’s right to proceed with any contemplated disciplinary action for failure to meet acceptable standards of work performance, attendance, or conduct. Participation in EAP does not shield an employee from discipline or from prosecution for criminal activities.
941.33 Confidentiality
Inquiries regarding participation in EAP counseling are confidential, pursuant to the provisions of 944.4. EAP records may not be placed in an employee’s official personnel folder (OPF).
941.34 Reasonable Access
The contractor providing counseling must endeavor to provide confidential counseling facilities within a reasonable driving distance from the employee’s work site or home, in accordance with the following guidelines:
a. The Postal Service will provide office space and furnishings for those sites that require counselors to be in postal locations.
b. Providing ready accessibility to face-to-face EAP counseling is desirable, but may not always be possible. Counselors may offer telephone counseling or request that the employee travel to the counselor’s office.
c. Reasonable hours and days, including coverage of all three tours, will be set by mutual agreement between the EAP consultant and the Human Resources manager.
d. Counselors may adjust their schedules to respond to crisis situations and to meet other needs, such as providing information sessions and visiting facilities.
941.35 Scheduling
The following guidelines apply to scheduling and whether EAP sessions take place on or off the clock:
a. An employee’s first visit to EAP is on the clock, whether the visit is initiated by management, the union representative, or the employee (unless the employee prefers to visit the EAP unit on his or her own time).
b. Subsequent consultations are on the employee’s own time.
c. If a reasonable period of time has elapsed since a management referral or a previously disclosed self-referral, the manager or supervisor may, on a case-by-case basis, approve an additional on-the-clock session.
d. To receive pay for an on-the-clock session, the employee must authorize the EAP provider to disclose his or her attendance to management.
942 Program Elements
942.1 Education
EAP counselors and subcontract counselors must provide information, training, or both periodically for all Postal Service employees to inform them about EAP services and the kinds of personal problems that can affect job performance or conduct.
942.2 Problem Identification, Referrals, and Evaluation
942.21 Patterns of Behavior and Work Performance Problems
Certain patterns of behavior and/or work performance can be indicative of problems affecting an employee. Deterioration in attendance, appearance, conduct, ability, or any combination of these factors may signal that the employee is experiencing a personal problem that may affect his or her job performance. These problems may include depression, anxiety, gambling, emotional stress, and marital problems as well as substance abuse, dependence, or other addictions.
942.22 Referrals to EAP
942.221 Management Referrals
If a supervisor or manager observes any of the patterns listed in 942.21 or has some other reason to believe that the EAP could provide needed assistance to an employee, he or she may refer the employee to the EAP. Since participation is voluntary, the employee has the option to refuse the referral and cannot be disciplined for noncompliance.
Exception: If an employee has signed a Last Chance or Settlement Agreement that requires EAP participation, the employee can be disciplined for noncompliance under the terms of the agreement.
942.222 Referrals From Others
Fellow employees, union representatives, management association representatives, medical personnel, family members, or judicial and social service agencies may refer employees to the EAP. However, if any of these suggest or recommend that the employee seek EAP assistance, participation is always voluntary.
942.223 Self-Referrals
Employees who want help with any personal problem or concern are encouraged to seek assistance directly by personally contacting the EAP.
* * * * *
942.224 EAP Response
The following requirements apply:
a. EAP counselors must accept all referrals.
b. Face-to-face or telephone interview appointments must be available within a reasonable period from the time the request is made by the employee or family member.
c. Face-to-face and telephone appointments for urgent situations must be made consistent with need, regardless of the counselor’s regularly scheduled hours.
d. Crisis counseling must be available by telephone 24 hours a day, 365 days a year.
942.23 Problem Evaluation
EAP counseling staff provides assessment services and arranges counseling for employees or family members or refers them to appropriate treatment resources.
942.3 Recovery Counseling and Resources
942.31 EAP Counseling Sites
EAP sites are staffed by EAP professionals trained to provide assessment, short-term counseling, and referral services to individuals who seek their assistance. Postal Service EAP sites are not equipped to provide detoxification or drug rehabilitation assistance, but they can make referrals to outside programs and treatment facilities for these problems. To provide convenient, ready access to EAP counseling services for all Postal Service employees and their family members, a network of similarly qualified and capable affiliate counselors is available to provide EAP counseling services at other locations.
942.32 Residential and Community Resources
EAP counseling service providers:
a. Maintain information about a variety of outside programs, treatment facilities, and resources available to employees and family members.
b. Provide assistance with initial arrangements and appointments.
The cost of these programs or treatment facilities is borne by the employee or by the employee’s health insurance (pursuant to terms of the policy). In cases for which hospitalization or detoxification is recommended, the employee is responsible for requesting sick leave, leave without pay, annual leave, or advanced sick leave.
942.4 Follow-Up
942.41 Progress
If a manager or a supervisor has referred an employee to EAP counseling because of a job performance problem, that manager or supervisor shall continue to monitor the employee’s job performance.
942.42 Discontinuance of Participation
Whether an employee opts to continue or discontinue participation in EAP counseling, he or she is responsible for maintaining prescribed job performance standards.
942.43 Return to Work
If an employee is on leave from the Postal Service to participate in an outside rehabilitative program for mental health or substance abuse issues, the EAP counselor may, upon the employee’s request and authorization, monitor the course of rehabilitation and assist in any contemplated return to work.
942.5 Program Evaluation
The EAP must be evaluated annually or more often, as needed. The purpose of these evaluations is to measure the efficiency and effectiveness of the program and to ensure that it is operating within established policy.
943 Reinstatement of Recovered Employees
943.1 Policy
943.11 Consideration of Request
Managers should give serious consideration to a request for reinstatement from a recovered employee because the experience gained during previous postal employment could be a valuable asset to the Postal Service.
943.12 Consideration of Other Factors
In reviewing reinstatement requests, local management must consider the following factors:
a. The former employee’s Postal Service work history.
b. The nature of the charges that led to removal or resignation.
c. The eligibility factors set forth in 943.2 and in Handbook EL-312, Employment and Placement.
* * * * *
943.13 Exceptions to Consideration for Reinstatement
When a former employee’s record reflects a criminal conviction or pending criminal charges, the procedures outlined in Handbook EL-312, Chapter 5, Suitability, must be followed. In addition, exceptions to reinstatement consideration are made when an employee has been removed from the Postal Service for any of the following reasons:
a. Theft of mail or Postal Service property.
b. Possession or sale of drugs while on duty.
c. Fraud against the Postal Service.
d. Assaults or threats against Postal Service personnel.
* * * * *
943.2 Eligibility
943.21 Procedures
Reinstatement of an individual whose removal or resignation from the Postal Service is related to alcoholism, dependency on drugs, or other problems may be considered when the individual:
a. Submits a written request for reinstatement, accompanied by a signed authorization to release information, indicating the employee’s written consent to a waiver of federal regulations on confidentiality restrictions.
b. Is willing to accept reinstatement on the basis of continuing to successfully participate in a course of care or activity based on an EAP counselor’s recommendation.
943.22 Management Responsibilities
Prior approval must be obtained before employing a former Postal Service or federal employee who:
a. Was removed from the Postal Service or other federal employment for cause; or
b. Resigned after being notified that charges proposing removal would be, or had been, issued.
Approval must be obtained from the district manager of Human Resources, the area manager of Human Resources, or the vice president of Employee Resource Management. For further information, see the Handbook EL-312, Employment and Placement, section on Handling Removals from Postal Service or Other Federal Employment.
943.3 Compliance With Agreements
If a former bargaining unit employee is reinstated to a bargaining unit position, employing officials must comply with all relevant provisions of applicable collective bargaining agreements in determining the employee’s seniority and other contractual rights.
944 EAP Counseling Records
944.1 Restricted Information
Restricted information is information with limitations on its access within the Postal Service and its disclosure outside the Postal Service consistent with the following federal laws:
a. The Privacy Act of 1974, as amended.
b. The Health Insurance Portability and Accountability Act (HIPAA) of 1996.
c. The Public Health Service Act of 1944, as amended (see 944.4).
944.2 Policy
Information about EAP counseling participants is restricted information, which must be held in confidence and is subject to disclosure only as described in 944.4 and pursuant to the provisions of the federal laws listed in 944.1.
944.3 Custodians of Records
944.31 Postal Service Providers
When EAP services are provided by Postal Service employee counselors, counseling records are maintained by the counselor within the Privacy Act system of records, USPS 120.140, Personnel Records — Employee Assistance Program (EAP) Records. These records are subject to Postal Service policy and regulations, as follows:
a. Provisions of the Privacy Act as set forth in:
1. Title 39 CFR 266, Privacy of Information.
2. Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management (including the appendix, Privacy Act System of Records).
b. Provisions of HIPAA regarding access, disclosure, amendment, and maintenance of records.
944.32 Private Providers
When EAP services are provided through an interagency agreement or a private vendor, the following requirements apply:
a. Each EAP counseling service provider is responsible for maintaining records on participants.
b. These counseling records are the property of the primary provider and maintained in a system of records.
c. The primary provider must maintain policies and procedures for safeguarding the confidentiality of client data and files and may be liable under the law for improper release of such information.
d. The primary provider agrees to assert any privilege allowed by law and to defend vigorously Postal Service and employee rights to confidentiality.
944.4 Disclosure
944.41 General
944.411 Usual Recipients
Information identifying substance abuse program participants, whether or not such information is recorded, may be disclosed as follows:
a. To medical personnel to the extent necessary to meet a bona fide medical emergency involving the EAP participant.
b. To qualified personnel, with the express written authorization of the vice president of Employee Resource Management, for purposes of conducting scientific research or program audits or evaluation. However, under no circumstances may any personally identifiable information be disclosed in the resulting evaluation, research, or audit reports.
c. To a court, under the following circumstances:
1. When authorized by a court order upon showing of good cause, such as when necessary to protect against an existing threat to life or threat of bodily injury, or in connection with the investigation or prosecution of a crime.
2. In litigation or an administrative proceeding when authorized by the trier of fact, when the EAP participant offers testimony or other evidence pertaining to the content of his or her EAP participation. Counsel should be contacted for assistance in evaluating the court order and in determining the extent to which information must be released.
d. To any person when the EAP participant gives prior written consent to disclose information. This consent specifies the nature and scope of the topics to be released, to whom information is to be released, the purpose of the disclosure, and the date on which the consent terminates.
e. To a person in any situation in which the EAP counselor has a duty to warn.
f. To an expert, consultant, or other individual who is under contract to the Postal Service to fulfill an agency function, but only to the extent necessary to fulfill that function, and in accordance with the Privacy Act restrictions of 39 CFR 266.6.
944.412 Limitation of Disclosure
In all cases cited in 944.411, only information that is absolutely necessary to satisfy the recipient’s business or medical need is to be disclosed.
944.42 Criminal Activity
944.421 EAP Records
EAP counseling records or personnel may not be used to initiate or substantiate any criminal charges against an EAP participant or to conduct any investigation of a participant, except as authorized by a court order for good cause.
944.422 Limitation of Confidentiality
If an employee who is an EAP counseling participant reveals the commission or intended commission of serious criminal activity, the EAP counselor is not prohibited from disclosing that information so long as the employee is not identified as an EAP counseling program participant. Confidentiality does not apply in any of the following cases:
a. A crime is committed on EAP premises or against EAP counselor personnel, or a threat to commit such a crime is made.
b. Incidents occur in which information must be reported as required by state law; for example, mandatory reporting of child abuse and/or neglect (elder/spouse abuse in some states).
c. For a disclosure that may be required by elements of the criminal justice system because they have referred employees who are EAP participants.
* * * * *
We will incorporate these revisions into the next online update of the ELM, which is available on the Postal Service PolicyNet website:
n Go to http://blue.usps.gov.
n In the left-hand column under “Essential Links”, click PolicyNet.
n Click Manuals.
The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.
— Safety and OSHA Compliance Programs,
Employee Resource Management, 1-22-15
