GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
PBS 5940.3
October 23, 2019
GSA ORDER
SUBJECT: Safety and Health Management
1. Purpose. This policy describes the minimum Public Buildings Service (PBS) requirements for managing facility safety, health, and environmental management programs for facilities under the jurisdiction, custody, or control of the General Services Administration (GSA) including facilities operating under a GSA delegation of authority. These minimum requirements can be expanded or individualized to fit State, local and/or specific circumstances as deemed appropriate by PBS regional environmental, health and safety (EHS) staff.
2. Authority.
a. OSHA Title 29 CFR 1960 establishes specific occupational safety and health requirements for all Executive Branch Federal agencies and departments. Subpart E to this regulation includes specific GSA facility safety and health requirements.
b. Title 41 CFR Part 102-80 contains safety and environmental management requirements for Federal real property, including that managed by GSA.
c. The U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) general industry regulation, Title 29 Code of Federal Regulations (CFR) part 1910, establishes safety and health requirements for general industry.
d. OSHA Title 29 CFR 1926 establishes safety and health requirements for the construction industry.
e. The National Institute for Occupational Safety and health (NIOSH), American Conference for Governmental Industrial Hygienists (ACGIH), American National Standards Institute (ANSI), American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), American Society of Safety Professionals, American Society for Testing and Materials International (ASTM) are all organizations that provide guidance or consensus standards in support of PBS facility safety and health.
3. Background.
a. OSHA has established a range of workplace safety and health standards for the general, construction and maritime industries. Many states defer to Federal OSHA for enforcement. However, Section 18 of the Occupational Safety and Health Act (1970) allows states to administer their own job safety and health programs (State Plans). As of the issuance date of this Order there are 22 State Plans covering private sector, state and local government workers. There are also six State Plans covering only state and local government workers.
b. Section 19 of the OSH Act (1970) requires each Federal agency’s safety and health program to be consistent with the standards promulgated for the private sector. Federal OSHA has jurisdiction over Federal employees and workplaces however it is PBS policy to adhere to state and local regulations whenever applicable, including those promulgated through State Plans. 29 CFR 1960 Subpart E requires GSA to do the following:
(1) Provide space which meets any special safety and health requirements submitted by the requesting agency;
(2) Does not contain either serious hazards or serious violations of OSHA standards or approved alternate standards which cannot be abated;
(3) Repair, renovate, or alter, upon an agency's request, owned or leased space in a planned and controlled manner to reduce or eliminate, whenever possible, any hazardous exposure to the occupant agency's employees;
(4) Respond to any formal or informal unsafe/unhealthy workplace complaint reported to OSHA by accompanying OSHA on any facility inspection, investigate the complaint and associated unsafe/unhealthy conditions (within 24 hours for imminent danger, and 20 working days for all others), abate any such conditions within 30 calendar days or establish an abatement plan, and give resource allocation priority to promptly abate said conditions;
(5) Establish an occupancy permit system which will regulate the types of activities and occupancies in facilities in order to avoid incompatible groupings;
(6) Ensure, insofar as possible, that agency safety and health problems still outstanding are resolved, or otherwise answered by acceptable alternatives prior to renegotiation of leases; and
(7) Ensure that GSA or other Federal lessor agencies' building managers maintain a log of reports of unsafe or unhealthful conditions submitted by tenants to include: date of receipt of report, action taken, and final resolution.
4. Scope and Applicability. This policy applies to all real property design, construction, operations, and maintenance activities in GSA controlled facilities, as well as delegated facilities. The policy also applies to regional implementation of the occupational safety and health (OSH) program. Appendix A contains a list of all major OSHA standards and regulations applicable to PBS.
5. Responsibilities. Each of the following entities has responsibilities and accountabilities, unique to their core mission, that support overall PBS compliance with Federal OSHA standards and applicable State Plans:
a. Office of Design and Construction. The national office is responsible for including all current and applicable OSHA requirements into the PBS Facility Standards (P100). Each regional Design and Construction Division is responsible for ensuring project designs include safety and health requirements specific to each project scope, the construction of each project complies with the safety and health requirements, and that other environmental health hazards, such as asbestos, lead-paint, crystalline silica, or PCBs are identified and managed in compliance with applicable regulations throughout design and construction. Desk Guide Appendix D contains the PBS safety and health specification template for all construction projects
b. Office of Leasing. The national office is responsible for ensuring national standard lease contract language includes current requirements for: asbestos, radon, indoor air quality, mold, and any other construction safety and health requirements addressing overall tenant safety and health. Regional Leasing Divisions are responsible for ensuring each lessor meets the requirements of the aforementioned language, and furnishes all documentation or certification as required.
c. Office of Facilities Management. The national office is responsible for supporting the overall PBS safety, health, and environmental management program and ensuring that each Division complies with their own safety and health responsibilities, as described here and in any subsequent regional guidance.
(1) Facility Operations Division. Facility Operations Division is responsible for including the applicable OSHA standard requirements into the national Operations & Maintenance (O&M) and Custodial specifications, ensuring the National Computerized Maintenance Management System (NCMMS), in coordination with the Facility Risk Management Division, contains safety plans, preventive maintenance guides and training requirements applicable to facilities management and O&M. The Division is also responsible for ensuring elevators, escalators, cafeterias, stores, health units, and fitness centers operate in compliance with applicable safety and health regulations and PBS guidance.
(2) Facility Risk Management Division. Facility Risk Management Division is responsible for generating policy and guidance in support of the national facility safety and health program and providing assistance to regional environmental health and safety (EHS) offices as needed. This Division also continues to provide guidance to regional EHS offices regarding technical safety and occupational health implementation of the OSH Program.
(3) Child care Center of Expertise. The Child Care Center of Expertise (CoE) is responsible for generating policy and guidance for the child care program. The CoE also provides assistance to regional facility managers to ensure compliance with applicable safety and health regulations and accreditation requirements.
d. Regional Offices.
(1) Facility Managers. Regional Facility Management staff is responsible for making sure the overall facility is managed in a safe and healthy manner. They are also responsible for communicating any S&H risks to contractors, tenants and building occupants. They are also responsible for correcting any safety and health deficiencies and creating abatement plans with interim corrective action for deficiencies that cannot be corrected in 30 days.
(2) Service Contracts CORs.
(a) Contracting Officer’s Representative (COR) staff for service contracts, are responsible for ensuring contractors submit required safety and health documentation, in compliance with contract specifications, including but not limited to: staff training, written safety and health plans (hazard communication, infectious agents, lock-out/tag-out, electrical safety, hazardous materials, etc), chemical list and associated safety data sheets.
(b) CORs are also responsible for ensuring contractors’ performance meets all safety and health contract requirements and ensuring any safety and health deficiencies are documented and corrected within 30 working days.
(3) Lease Administration Managers. Regional staff is responsible for using inspection checklists that include current safety and health elements and for checking on said elements during regular leasing inspections.
(4) Environmental Health Safety (EHS). Regional staff is responsible for executing the safety and health program, creating additional regional guidance as needed to fit local circumstances, providing technical support to all regional business lines and field offices, and conducting safety and health inspections throughout the Region. Regional staffs also implement technical aspects of the OSH program as delineated in ADM 5940.1, Section 1, "Roles and Responsibilities.”
6. Guidance. The ensuing sections are grouped by OSHA standards and contain the minimum PBS safety and health program requirements. Regional EHS staff may elaborate or expand any section to meet unique regional, State, or local requirements or operations, including creating a regional safety and health guide.
7. Point of Contact. Please direct any inquiries to the Office of Facilities Management, Facility Risk Management Division.
8. Signature.
/S/__________________
DANIEL W. MATHEWS
Commissioner
Public Buildings Service
Appendix A. PBS Desk Guide for Safety & Health Management
Appendix A. PBS Desk Guide for Safety & Health Management
U.S. General Services Administration