Internal Review of FLRA's Occupational Safety and Health

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FINDINGS OF FACT:5 U.S.C.A &7901 authorizes the Head of each agency to establish health serviceprograms to promote the physical and mental fitness of employees. Section 7904 of thissame order states that Federal organizations are responsible for developing prevention,treatment and rehabilitation programs and services for Federal civilian employees withdrug or alcohol problems. When feasible, these program services should be extended tothe families of employees who have this problem. The FLRA has implemented both theOSHA and Drug Free Workplace Plan and has created detailed policy, however themajority of managers and employees have never seen or been informed of these FLRApolicies.The FLRA Executive Director is responsible for administering administrativemanagement programs prescribed by laws, regulations and executive orders. Thisincludes ensuring FLRA compliance with the Occupational Safety and Health Act as wellas the Drug Free Federal Workplace Act, and other major safety and health laws andregulations. This responsibility includes ensuring Agency compliance with Federal laws,and ensuring that managers and employees are kept knowledgeable and aware ofoccupational safety and health issues.The Director, Administrative Service Division (ASD) is authorized to administer theFLRA=s Safety and Health Programs. The Director, ASD is responsible for investigatingreports of unsafe/unhealthy work conditions, and accidents that result in seriouspersonal injury or major property damage, ensuring that FLRA maintains sufficientrecords to comply with OSHA requirements and providing appropriate safety and healthtraining for supervisors and employees. The Director, ASD is also responsible forcoordinating with the FLRA EEO Director to ensure a safe working environment andproper accommodations for persons with disabilities. The Director, ASD is alsoresponsible for maintaining necessary records, and issuing required informationincluding an annual report to the Department of Labor, preparing contracts a Safety andHealth Inspector to conduct periodic inspections of the workplaces of the FLRA andensuring that all offices have sufficient protective materials. FLRA has previouslyminimally complied with these requirements.The Office of the Inspector General has the authority to investigate restraints,interference, coercion, discrimination or reprisal for filing a report of an unsafe orunhealthy working conditions and allegations of fraudulent claims. During FY 2001 andFY 2002, the Inspector General received two such complaints related to individualsfrom a Regional Office who were alleged to be retiring with claimed disabilities whichwere false. The FLRA Inspector General investigated, and reported the information tothe Office of General Counsel and Human Resource Division in FY 2000 who bothstated that the Department of Labor Office of Workmen=s Compensation had approvedboth claims.15
The current Chairman FLRA has consistently e-mailed all FLRA employees on safetyand security issues since the September 11, 2001 disaster. The Chairman has alsofocused on contemporizing and increasing the Agency=s focus on security and safetyissues.The FLRA has internal policy on occupational safety and health, FLRA Instruction 1810,issued in l991. This policy states that the FLRA will provide a comprehensive andcontinuous safety and health program. Most FLRA supervisors and employees wereunaware that this instruction was on line on the FLRA website.In compliance with the Occupational Safety and Health Act, the FLRA issues Fiscal YearAnnual Reports on Occupational Safety and Health to the Department of Labor, OSHAbut has not included required statistics for fatalities and lost time disabilities. FLRAdoes discuss its safety and health program initiatives and accomplishments andsignificant OSHA initiatives planned for the upcoming year in its report. However, theFLRA has not addressed its internal assessments of the effectiveness of these programs,what needs have been defined to enhance employee participation and consultationwhich are also requirements. Nor has the FLRA conducted periodic inspections of itsbuildings= safety.The interagency agreement between the FLRA and Department of Health and HumanServices for basic Occupational Health Services requires the same services for FLRAHeadquarters and regional office employees. While basic core services have beenprovided to FLRA Headquarters, several activities stated in the interagency agreementhave not been performed by HHS nor pursued by the FLRA. These services includeannual visits to work sites, issuance of an annual report to the Agency and providinghealth training at least 3 times a year (30 minutes for each session). The RegionalOffices appear to have more services from HHS than the FLRA Headquarters.On February 4, 2003, the Human Resource Division issued an Employee InformationBulletin 2003-04 which deals with employee entitlements and responsibilities under theFederal Employee=s Compensation Act (FECA). FECA is administered by theDepartment of Labor=s Office of Worker=s Compensation Program. The Act providesmonetary compensation, medical care and assistance, vocational rehabilitation and reemploymentrights to Federal employees who suffer from disabling injuries as a result ofemployment with the Federal government. Insured employees have specificresponsibilities, including observing all safety rules, in order to qualify for on the jobinjury compensation.On February 6, 2003, the Human Resource Division issued its annual notice regarding aDrug Free Federal Workplace reminding employees that the use of illegal drugs,possession or distribution of controlled substances is incompatible with Federal service,that such action will be dealt with in accordance with legal, and administrativedisciplinary procedures. It also advises employees who may need assistance regardingdrug use information or abuse to contact the Employee Assistance Program (EAP) and16
Page 1 and 2: FEDERAL LABOR RELATIONS AUTHORITYOF
Page 3 and 4: OSHA has provided Federal Agencies
Page 5 and 6: Federal employees must comply with
Page 7 and 8: INTER AGENCY SAFETY AND HEALTH AGRE
Page 9 and 10: Interagency Agreement between the F
Page 11: their own Employee Assistance progr
Page 15 and 16: The FLRA - UAE Agreement, Article X
Page 17 and 18: completed an Agency Employee Assist
Page 19 and 20: positive effect on employee emotion
Page 21 and 22: Several administrative employees wh
Page 23 and 24: equipment which includes a first ai
Page 25 and 26: Francisco Regional Office=s use of
Page 27 and 28: FLRA managers and staff have not be
Page 29: Finding 5: The interagency agreemen

Internal Review of FLRA's Occupational Safety and Health

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