Downloaded from https://www.everyspec.com c. DOL representatives will initially report to the host installation commander or designated representative and will be accompanied at all times on the Army installation. They will be required to show proof of appropriate security clearance if entry into closed areas is required. A closing conference with the installation or activity commander or command designee will be arranged before the DOL inspector’s departure. Employee representatives will be invited to attend the opening and closing conference. d. DOL representatives will, upon request, be provided available safety and health information on worksites to be visited.
Such information may include data on hazardous materials in use, copies of recent DOD inspection or survey reports, accident reports and abatement project information. e. When DOL representatives issue notice of unsafe or unhealthful conditions (OSHA–2H Form), local officials should treat such notices in the same manner as similar internal notices and provide for abatement of significant deficiencies. Installations that receive an OSHA–2H will immediately transmit copies through command channels to HQDA (DACS–SF) WASH DC 20310–0300, and copy furnished to Commander, USASC, ATTN: CSSC–PR, Fort Rucker, AL 36362–5363.
The OSHA–2H will assist in developing appropriate DA policy in the OSH program. f. Response to DOL inspection reports will originate at the local level. Elevation of unresolved conflicts to higher echelons for interagency resolution will be at DOL’s initiative via DOL channels. This provision, however, will not inhibit normal internal communication within command channels to apprise higher echelons of the results of DOL inspections and coordinate responses to DOL. g.
With respect to investigation of Army accidents, which is solely a DOD responsibility under Executive Order 12196, DOL officials may be shown or provided factual portions of pertinent accident investigation reports as outlined in AR 385–40. DOL officials, upon request, may also be authorized to accompany Army accident investigators in an observer status. Separate, duplicate DOL investigations of Army accidents, either concurrent with or subsequent to required Army investigations, are not expected. DOL officials may, however, inspect for residual hazardous conditions at the site of an Army accident. 4–3.
Federal and State OSHA inspections of contractor workplaces Inspection of contractor workplaces by Federal and State will be accomplished according to DODI 6055.1. and 29 CFR 1960. 4–4. Army employee hazard reporting a. Procedures for employee reports of hazards will be established in accordance with 29 CFR 1960.28 and 29 CFR 1960.46. Reports under these procedures will be completed on DA Form 4755 (Employee Report of Alleged Unsafe or Unhealthful Working Conditions). (See fig 4-4 for a sample form.) Normally, reports will be signed; however, anonymous reports will be investigated in the same manner as other reports.
Reports can be submitted directly to the installation safety and occupational health official, to the appropriate tenant safety and occupational health official, or through supervisory and command channels. b. Names of people submitting signed reports who request anonymity will not be revealed by the installation safety and occupational health official to anyone other than necessary members of his or her staff or other appropriate installation-level staff. c. If reports that appear to involve an imminent danger situation are submitted, the inspector will follow the procedures in paragraph 4–1 f and 29 CFR 1960.28. d. All reports will be investigated by safety or health personnel.
The originator, if known, will be notified in writing of the results of the investigation within 10 working days of receipt of the hazard report. If the 10-workday suspense cannot be met, the originator should be provided an interim response. (1) If it is determined that a hazard exists, the reply will include a summary of the actions to be taken and anticipated date for corrective action. Procedures for inspections outlined in paragraph 4-1 will apply, if appropriate. (2) If it is determined that a hazardous condition does not exist, the reply to the employee will include the basis for that determination.
This reply will encourage informal contact with installation safety and health officials if additional explanations are desired. It will also inform the individual of his or her right of appeal as outlined below. Every effort, to include consulting with a regional Federal OSHA office and requests for technical advice from the U.S. Army Center for Health Promotion and Preventive Medicine (USACHPPM), or the USASC will be made to resolve the originator’s questions or dissatisfaction. (3) If a hazard report also involves a grievance action, the local safety and OH manager will determine if there is a need for priority action for safety or health reasons. e.
If the originator is dissatisfied with the safety and occupational health official’s response, the originator may appeal to the installation commander. The installation commander will review the finding and take appropriate action. If the originator is dissatisfied with the installation commander’s response, the originator may appeal to the MACOM OSH official. Such appeals will be transmitted through channels to the MACOM, which will review the finding, investigate as necessary, and verify the appropriateness of the installation-level response.
If the report of hazard is judged unfounded, a reply to the originator rejecting his or her appeal will explain the basis for the rejection and will advise of his or her right to appeal to the Army-designated safety and occupational health official ASA(I&L). Upon 16 AR 385–10 • 29 February 2000