Executive Order 12196

By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section&#160;7902(c) of Title&#160;5 of the United States Code and in accord with Section&#160;19 of the Occupational Safety and Health Act of 1970, as amended (29&#160;U.S.C.&#160;668), it is ordered:

1–1. &#160; Scope of this Order. &#160; 


 * 1–101.
 * This order applies to all agencies of the Executive Branch except military personnel and uniquely military equipment, systems, and operations.


 * 1–102.
 * For the purposes of this order, the term "agency" means an Executive department, as defined in 5&#160;U.S.C.&#160;101, or any employing unit or authority of the Federal government, other than those of the judicial and legislative branches. Since section&#160;19 of the Occupational Safety and Health Act ("the Act") covers all Federal employees, however, the Secretary of Labor ("the Secretary") shall cooperate and consult with the heads of agencies in the legislative and judicial branches of the government to help them adopt safety and health programs.

1–2. &#160; Heads of Agencies. &#160; 


 * 1–201.
 * The head of each agency shall:

1–3. &#160; Occupational Safety and Health Committees. &#160; 


 * 1–301.
 * Agency heads may establish occupational safety and health committees. If committees are established, they shall be established at both the national level and, for agencies with field or regional offices, other appropriate levels. The committees shall be composed of representatives of management and an equal number of nonmanagement employees or their representatives. Where there are exclusive bargaining representatives for employees at the national or other level in an agency, such representatives shall select the appropriate nonmanagement members of the committee.


 * 1–302.
 * The committees shall, except where prohibited by law,


 * 1–303.
 * A Committee may request the Secretary of Labor to conduct an evaluation or inspection pursuant to this order if half of a Committee is not substantially satisfied with an agency's response to a report of hazardous working conditions.

1–4. &#160; Department of Labor. &#160; 


 * 1–401.
 * The Secretary of Labor shall:

1–5. &#160; The Federal Advisory Council on Occupational Safety and Health. &#160; 


 * 1–501.
 * The Federal Advisory Council on Occupational Safety and Health, established pursuant to Executive Order No. 11612, is continued. It shall advise the Secretary in carrying out responsibilities under this order. The Council shall consist of sixteen members appointed by the Secretary, of whom eight shall be representatives of Federal agencies and eight shall be representatives of labor organizations representing Federal employees. The members shall serve three-year terms with the terms of five or six members expiring each year, provided this Council is renewed every two years in accordance with the Federal Advisory Committee Act. The members currently serving on the Council shall be deemed to be its initial members under this order and their terms shall expire in accordance with the terms of their appointment.


 * 1–502.
 * The Secretary, or a designee, shall serve as the Chairman of the Council, and shall prescribe rules for the conduct of its business.


 * 1–503.
 * The Secretary shall make available necessary office space and furnish the Council necessary equipment, supplies, and staff services, and shall perform such functions with respect to the Council as may be required by the Federal Advisory Committee Act, as amended (5&#160;U.S.C.&#160;App.&#160;I).

<span id="Sec._1-6." style="font-weight:bold;">1–6. &#160; General Services Administration. &#160; </dt>


 * 1–601.
 * Within six months of the effective date of this order the Secretary of Labor and the Administrator of the General Services Administration shall initiate a study of conflicts that may exist in their standards and other requirements affecting Federal employee safety and health, and shall establish a procedure for resolving conflicting standards for space leased by the General Services Administration.


 * 1–602.
 * In order to assist the agencies in carrying out their duties under Section 19 of the Act and this order the Administrator shall:

<dt id="sect1-7" style="font-weight:normal;"><span id="Sec._1-7." style="font-weight:bold;">1–7. &#160; General Provisions. &#160; </dt>


 * 1–701.
 * Employees shall be authorized official time to participate in the activities provided for by this order.


 * 1–702.
 * Nothing in this order shall be construed to impair or alter the powers and duties of the Secretary or heads of other Federal agencies pursuant to Section 19 of the Occupational Safety and Health Act of 1970, Chapter&#160;71 of Title&#160;5 of the United States Code, Sections&#160;7901, 7902, and 7903 of Title&#160;5 of the United States Code, nor shall it be construed to alter any other provisions of law or Executive Order providing for collective bargaining agreements and related procedures, or affect the responsibilities of the Director of Central Intelligence to protect intelligence sources and methods (50&#160;U.S.C.&#160;403(d)(3)).


 * 1–703.
 * Executive Order No. 11807 of September&#160;28,&#160;1974, is revoked.


 * 1–704.
 * This order is effective July 1, 1980.

Jimmy Carter The White House, February 26, 1980.