Federal Advisory Council on Occupational Safety and Health (FACOSH)

March 1, 2007 Meeting Minutes

 Room N-3437A/B/C, Francis Perkins Building,

200 Constitution Avenue, N.W., Washington, D.C.

Representatives Attending 

Edwin G. Foulke, Jr., Chair 

Assistant Secretary for Occupational Safety and Health

Department of Labor

W. Corey Thompson, Jr., Vice Chair – Labor representative

Safety and Health Specialist

American Postal Workers’ Union, AFL-CIO

Donald G. Bathurst – Federal agency representative

Chief of Administrative Services

Department of Homeland Security

Curtis M. Bowling – Federal agency representative

Director of Environmental Readiness and Safety

Department of Defense

Louis P. Cannon – Labor representative

President

Fraternal Order of Police

Jose S. Gonzales – Labor representative

Sergeant at Arms

California State Fraternal Order of Police/Empire Lodge II

Deborah Kleinberg, Esq. - Alternate labor representative

Counsel

Seafarers International Union AGLIWD

Vickers B. Meadows – Federal agency representative

Chief Administrative Officer

Patent and Trademark Office

Department of Commerce

Ron McGraw - Alternate labor representative

International Association of Firefighters

Dennis J. O’Connor – Labor representative

Member

National Union of Labor Investigators

Milagro Rodriquez – Labor representative

Occupational Health and Safety Specialist

American Federation of Government Employees, AFL-CIO

Gary Steinberg - Alternate federal agency representative

Principal Deputy Assistant Secretary for 

  Human Resources Administration

Department of Veterans Affairs

Richard A. Whitford -– Federal agency representative

Assistant Administrator for Human Capital

Transportation Security Administration

Department of Homeland Security

Also Attending

Diane Brayden – FACOSH Designated Federal Official 

Director

OSHA - Office of Federal Agency Programs 

Department of Labor

Thomas Galassi

Deputy Director

OSHA - Directorate of Enforcement Programs

Department of Labor

Shelby Hallmark

Director

Office of Workers’ Compensation Programs

Employment Standards Administration

Department of Labor

David Marciniak

General Services Administration

Laura Mills

OSHA - Office of Federal Agency Programs 

Department of Labor

Katharine Newman

Bureau of Labor Statistics

Department of Labor

Sarah Shortall - FACOSH Counsel

Office of the Solicitor

Department of Labor

Michelle Walker

OSHA - Office of Federal Agency Programs

Department of Labor

Call to Order and Introductions

Chair Edwin G. Foulke, Jr., Assistant Secretary of Labor for
Occupational Safety and Health, called the meeting of the Federal
Advisory Council on Occupational Safety and Health (FACOSH or Council)
to order at 10:10 a.m., March 1, 2007.  He thanked Council members for
their service and the audience for attending.  Mr. Foulke introduced
Gabe Sierra, his Chief of Staff and Matt Miller, a new special
assistant, and asked FACOSH members and alternates, and other attendees
to introduce themselves. 

Approval of Minutes

Mr. Foulke moved that the Council approve the September 28, 2006, FACOSH
meeting minutes (Exhibit 4*).  The motion was seconded and passed
unanimously.

Updates on Ongoing Activities

Safety, Health, and Return-to-Employment (SHARE) Initiative

SHARE FY 2006 Progress

Mr. Foulke and Shelby Hallmark, Director, Department of Labor (DOL)
Office of Workers’ Compensation Programs (OWCP), conducted a joint
presentation on the Presidential Safety, Health, and
Return-to-Employment (SHARE) Initiative to improve safety and health
among federal employees.  Mr. Foulke reported that the SHARE Initiative
established four goals and that OSHA oversees Goals 1 and 2 while OWCP
oversees Goals 3 and 4.  The goals are:

To reduce total injury and illness case rates (TCRs) by at least 3% per
year;

To reduce lost time case rates (LTCRs) by at least 3% per year;

To improve the timely filing of injury and illness notices by at least
5% per year; and

To reduce lost production day rates (LPDRs) by at least 1% per year.

Mr. Foulke pointed out that the SHARE goals are aligned with the
President’s Management Agenda goal on human capital and DOL’s
strategic goal to foster quality workplaces.  

For Goal 1, Mr. Foulke reported that in FY 2006, for the first time
since the start of the SHARE Initiative, the federal government as a
whole met its goal of reducing TCRs.  He reported on individual agency
goal achievements (Exhibit 5) and commended the efforts and improvements
of NASA, the Department of the Treasury (Treasury), and the 

Department of Homeland Security (DHS) toward meeting Goal 1.  Mr.
Foulke reported similar government-wide success on Goal 2.  He commended
NASA, DOL, Treasury and DHS for the progress they made in reducing
LTCRs.

Mr. Hallmark provided information on Goals 3 and 4.  He noted that
during the SHARE Initiative the federal government as a whole had
demonstrated more than a 50% improvement on Goal 3.  He also discussed
individual agency achievements toward meeting this goal and pointed out
the improvements of DHS (Exhibit 5).  

With respect to Goal 4, Mr. Hallmark explained that it integrates the
safety and case management areas reflecting both reductions in injuries
and quicker return of employees to work when injury occurs.  Mr.
Hallmark noted a steady improvement over the course of the SHARE
Initiative and reported that the federal government had met its goal for
reducing LPDRs in FY 2006.  Mr. Hallmark discussed the progress of
individual agencies, noting DHS’s significant improvements (Exhibit
5).

SHARE Recognition Ceremony and Workshops

Mr. Hallmark reported on the February 15, 2007, ceremony that DOL held
to commemorate the first three years of the SHARE Initiative and
celebrate its three-year extension.  He said several departments and
agencies received awards for their accomplishments in meeting or
exceeding the SHARE goals.  He said the Department of the Navy and
Social Security Administration were recognized for exceeding all four
SHARE goals.  Treasury received an award for the greatest reduction in
TCRs and LTCRs, while DOL was honored for the timeliest submission of
injury and illness claims.  The Department of Defense (DOD) Agencies,
which are comprised of the Department’s non-military activities,
received an award for the greatest reduction in LPDRs.

Mr. Hallmark said the events included a panel of agency representatives
who shared their experiences in achieving their accomplishments and
workshops on workplace safety and health and workers’ compensation
issues. 

Ms. Milagro Rodriguez, American Federation of Government Employees,
asked that events such as the SHARE workshops be better publicized so
that labor organizations have opportunities to participate and attend. 
Mr. Foulke affirmed that such would occur.

SHARE Initiative Extension

Mr. Hallmark reported that the President has issued a memorandum
authorizing a three-year extension of the SHARE Initiative (Exhibit 6). 
He stated that the extension should allow continued improvement in the
federal government’s progress towards improving its performance.

Mr. Hallmark noted that the extension includes several clarifications
and changes:

The baseline data year for the first three goals remains FY 2003;

The minimum acceptable level for Goal 3 (timeliness) is 50% and will
increase by 5% per year regardless of baseline;

The highest expected accomplishment for Goal 3 is now 95% and, once
achieved, the organization is expected to maintain that performance;

The baseline data year for Goal 4 (LPDRs) is now FY 2006 due to
improvements in OWCP’s data processing and analysis capabilities; and

The level of performance for Goal 4, beyond which no reduction is
required, is capped at a rate of 15 lost production days.

Mr. Hallmark explained that in DOL’s role in leading the SHARE
Initiative the Department will continue to: 

Measure and track performance;

Provide an annual performance report to the President;

Work cooperatively with the agencies to achieve the program’s goals;
and

Report results at the bureau level and provide that information on the
DOL website.

SHARE FY 2007, Quarter 1 Results

Mr. Foulke and Mr. Hallmark reported on the first quarter performance
trends for FY 2007.  With respect to Goal 1, Mr. Foulke said the federal
government as a whole is on track to achieve its FY 2007 target.  He
also reported that most of the major agencies are demonstrating a
similar trend and called attention to DHS’s progress.  Mr. Foulke
stated that the federal government is also on track to meet Goal 2, as
are several federal Executive Branch departments.

Mr. Hallmark said that, although the government’s first quarter FY
2007 performance on Goal 3 was slightly below the FY 2006 level, it is
still well above the target for FY 2007.  He also provided a break out
of individual agencies’ progress (Exhibit 5).  Mr. Hallmark said he
was very positive about the government’s progress towards meeting Goal
4 and that the first quarter LPDR was nearly three points below the
fiscal year’s target.  He provided a break down of individual agency
progress.

Mr. Curtis Bowling, DOD, asked whether all federal agencies had set
stretch goals.  Diane Brayden, Director of OSHA Office of Federal Agency
Programs (OFAP), said that DOL had asked agencies to inform them if they
wanted to set stretch goals.  Mr. Bowling asked whether the FY 2007 LPDR
target was the SHARE target or a stretch target.  Mr. Foulke said that
he believed it was the SHARE target, and Mr. Hallmark concurred, noting
that he was not aware of any stretch goals for FY 2007.  Mr. Bowling
asked whether specific agencies were setting stretch goals and Ms.
Brayden stated that DOL was working with one agency to set stretch
goals.

Federal Agency Injury and Illness Recordkeeping

Current federal agency recordkeeping systems - Ms. Brayden provided an
update on federal agency recordkeeping.  Ms. Brayden explained there are
analytical limits to the SHARE data because they provide only general
information on a large scale.  She noted that in order for OFAP to
fulfill its mission of providing occupational safety and health 

program guidance to federal agencies, more defined and specific data is
needed.  Mr. Foulke also stressed the importance of data collection and
analysis with respect to providing the necessary assistance to federal
agencies.  

Ms. Brayden stated that the OSHA 300 records and other applicable
provisions of the Recordkeeping rule (29 CFR Part 1904), which federal
agencies are required to follow, could provide data at the establishment
level and significantly enhance the level of assistance offered to
federal agencies.  Ms. Brayden explained that the current challenge was
to determine the best way to gather and analyze the data and noted that
several systems and methods were in use throughout the government.  She
requested that committee members consider sharing with OFAP their
experience and insight regarding their own departments’ systems.

BLS Injury and Illness Data - Katharine Newman, DOL, Bureau of Labor
Statistics (BLS), presented information on the system BLS uses to
collect and analyze injury and illness data for private industry.  Ms.
Newman explained the types of data BLS collects from OSHA 300 and 301
forms along with the uses and benefits of such data collection and
analysis.  She provided the most recent BLS injury and illness data as
well as information on:

Collection methods;

BLS’s area of concentration for providing and publishing detailed case
data;

Data compilations and trends by industry and occupation;

Data analyses and trends by gender, age, and race;

Different characteristics of injuries and illnesses;

Electronic means of data collection; and

Availability of the system to OSHA.

Ms. Newman explained the procedures for using the BLS system, including
the ease of use for respondents.  She noted the success of the data
collection system and mentioned how to find examples of analyses on
BLS’s website.

New Injury and Illness Data Collection System Development -- Ms. Brayden
briefed the Council on the timeframe for completing the development and
selection of a new injury and illness data collection system for federal
agencies.  She noted that before a new SHARE Initiative could be
implemented, it would be necessary to develop a program for data
collection and collect a year’s worth of baseline data.  She mentioned
the disparity between the recording period requirements of the OSHA
Recordkeeping rule (calendar year) and the SHARE Initiative (fiscal
year) and suggested the possibility of designing the new program on a
calendar year basis.  She said that if the replacement for the SHARE
program collects data on a calendar year basis, the program would be
slated to begin on January 1, 2010.  She stated that such a timeline
required swift program development in order to ensure sufficient
baseline data.  She expressed interest in receiving suggestions and
feedback from the Council with respect to data collection systems and
programmatic designs.  

Mr. Foulke proposed that a FACOSH Subcommittee on Recordkeeping be
created.  The motion was seconded.  Ms. Rodriguez asked for
clarification on the Subcommittee’s specific tasks.  She requested
that guidelines be established on Subcommittee setup, composition, lines
of reporting, and membership.  Ms. Brayden stated that guidelines would
be provided at a later time.  Ms. Brayden said the Subcommittee would
need to elicit feedback from federal departments and agencies about
their system needs and implementation capabilities, and the state of
current technology.  She noted that the success of any future program
depended on the quality of the needs analysis.  Mr. Bowling asked
whether the BLS data collection system could provide the necessary
baseline.  Mr. Foulke clarified that the system was currently designed
for the private sector and that the Subcommittee might find that the
government has different needs.  Gary Steinberg, Department of Veterans
Affairs, stressed the importance of a baseline.  

Mr. Foulke mentioned several issues the Subcommittee might investigate,
such as whether the new data system should cover volunteers and their
injuries and illnesses.  Mr. Foulke added that it would be beneficial
for the Subcommittee to collect information on current best practices.  

The motion to establish a Recordkeeping Subcommittee passed unanimously.
 Mr. Foulke asked that nominations for Subcommittee members and chair be
sent to Ms. Brayden by the end of the month.  

Federal Agency Safety and Health Training

Ms. Brayden provided an update on federal agency occupational safety and
health training.  She reported on federal training week (FEDWEEK) held
in November 2006.  She noted that FEDWEEK’s format had been redesigned
to offer half-day courses, allowing the students to complete up to six
courses during the training period.  She stated that at least 60
individuals had participated and that the offerings had received
favorable reviews.  Ms. Brayden noted that FEDWEEK 2007 scheduled for
November 6-8, 2007, would use a similar format, increase the
availability of the more popular classes, and include new classes that
are currently in the development process.  Ms. Brayden asked for input
on topic areas of interest for the training week.  

Ms. Brayden also reported on efforts to move forward on providing
distance-learning opportunities for federal personnel.  She stated that
the OSHA Training Institute (OTI) was involved in the endeavor.  Mr.
Foulke noted that he had directed Frank Payne, OTI Director, to update
the Institute’s training programs.  Ms. Brayden asked for suggestions
and assistance from members with regard to distance learning.  Mr. Gary
Steinberg said that establishing web sites or libraries for sharing
federal agency training information would be useful to the federal
community.  He also mentioned that virtual or distance learning could
increase the availability of training.  He suggested that other
departments could explore the possibility of offering training
conferences.  Mr. Foulke also stated that virtual learning and video
conferencing were beneficial tools.  He noted that it would be helpful
to collect information on agencies’ capabilities in these areas to
allow greater training availability.

Mr. Foulke asked whether OSHA had ever investigated other federal agency
occupational safety and health training practices with the purpose of
determining “best practices.”  Ms. Brayden replied that such an
investigation could be done.  Mr. Foulke commented that compiling a list
of federal agency training capabilities and programs would help OSHA to
disseminate knowledge in both the private and public sectors.  Mr.
McGraw, International Association of Fire Fighters, expressed an
interest in learning about the specific programs that agencies were
using to facilitate the decrease in their injury statistics and
subsequently sharing that information throughout the government.  Ms.
Brayden noted that such a panel discussion had occurred during the SHARE
Ceremony and Mr. Foulke stated that a summary of that discussion would
be helpful.

Facility Safety and Health Design

David Marciniak, General Services Administration (GSA), provided an
update on federal facility safety and health design.  Mr. Marciniak said
he wanted to continue discussing the possible formation of a workgroup
on integrating safety and health considerations into federal facility
design requirements.  He stated that, as the second-largest manager of
federal buildings (owned or leased), GSA was concerned about facility
safety for federal employees, contractors, and visitors.  Mr. Marciniak
stated that a workgroup could help to augment current building codes and
specifications by creating a guide for integrating occupant safety and
health considerations into building designs.  He said that GSA proposed
a workgroup to collate and centralize information from federal agencies,
develop guidelines, and then integrate those guidelines into building
standards and codes.

Mr. Marciniak provided specific examples of GSA’s efforts in this area
(Exhibit 8).  He also gave a breakdown of the organization of the
guidelines, from design standards to codes and regulations to
agency-specific requirements to recommendations.  Mr. Marciniak also
cited various health and safety hazards, such as the Legionella
bacterium and walking surface slip resistance, and discussed how hazard
reduction could be figured into a building’s design.  He also
discussed integrating maintenance and inspection considerations.

Donald Bathurst, DHS, provided information on the Department of
Defense’s “whole building design process” and said that such
information could be useful to GSA.  Mr. Foulke asked whether such
information had ever been collated and centralized and Mr. Marciniak
responded that a “whole building design guide” would be a good
repository.

Mr. Foulke stated his willingness to have the Council pursue providing
some assistance to GSA and adjourned the meeting for lunch.

Lunch Break

The Council recessed for lunch.

New Business

Field Federal Safety and Health Councils

Michelle Walker and Laura Mills, both from OFAP, presented information
on the Field Federal Safety and Health Councils (FFSHCs), federal
interagency groups established pursuant to 29 CFR Part 1960.  

Ms. Walker provided some background on the purpose and functions of
FFSHCs, including that FFSHCs:

Provide training to federal agencies, employee organizations, federal
executive boards, and federal executive associations;

Provide outreach and education on a variety of occupational safety and
health (OSH) issues;

Serve as clearinghouses for OSH information; and

Establish cooperative relationships with their local communities
(Exhibit 9).

She noted that FFSHCs consist of both management and non-management
members, allow associate memberships for non-federal interested parties,
and do not limit the number of personnel who can participate on a FFSHC.
 She also provided a brief outline of a council’s organization,
officers, and terms of office (Exhibit 9).

Ms. Mills explained the requirements and procedures for forming a FFSHC.
 She presented a map showing the location of the 48 active FFSHCs across
the country (Exhibit 9) and noted that FACOSH members could find more
information on OSHA’s website at   HYPERLINK "http://www.osha.gov" 
www.osha.gov .  Mr. Foulke asked about the small number of FFSHCs in two
relatively large geographic areas.  Ms. Walker clarified that the
federal agencies in those regions are widely dispersed over a large
geographic area and the difficulty of regular meeting attendance was a
consideration.

Ms. Mills described OSHA’s provisions for recognizing the annual
achievements of FFSHCs.  She noted that there were three award levels
within each of three different council size categories.  Ms. Mills said
that her office had recently finalized the draft FFSHC Manual that
established policies and procedures for council activities and guidance
on council organization.

Mr. Ron McGraw asked about the requirement for agency heads to appoint
FFSHC representatives and said he thought non-management members should
be chosen by their respective unions or union members.  Ms. Walker
replied that FFSHC appointment by agency heads was a regulatory
requirement (29 CFR 1960.88) as part of a collaborative process between
agency representatives and those interested in council participation. 
She also noted that OFAP had been working to encourage agencies to
appoint a balanced number of management and non-management
representatives.

Ms. Rodriguez asked whether the difficulty of labor representatives to
obtain FFSHC membership had changed.  Ms. Walker responded that
participation of labor 

organizations was increasing.  Ms. Walker also noted that her office
had begun asking federal agencies to provide information on both their
managerial and non-managerial employees’ participation.

FACOSH Member Nominations

Mr. Foulke noted that two management and three labor representatives’
terms would expire in June 2007.  He thanked the outgoing members and
asked them to think about submitting a request to be considered for
continued FACOSH membership.

Mr. Foulke stated that a request for nominations would be published in
the Federal Register on March 2, 2007, and that all qualified
individuals would receive consideration.  He also reminded the members
that the Secretary reserved the right to nominate qualified candidates. 
Mr. Foulke mentioned that the submission period for nominations was 30
days.

Ms. Deborah Kleinberg, Seafarers International Union, asked about
obtaining a nomination package and Ms. Brayden said the Federal Register
notice would provide instructions on what the nomination package must
contain.  

Member Certificates and Photographs

Mr. Foulke presented to Council members the FACOSH group photograph
taken at the September 28, 2006, meeting, which he said will be hung in
the OSHA conference room.  He also informed the members that the
Secretary of Labor’s Certificates of FACOSH Appointment were not
available for distribution at the meeting. 

Next meeting and adjournment

Mr. Foulke suggested that the next FACOSH meeting be scheduled for
September 2007 and without objection the members agreed on September 27,
2007, for the next FACOSH meeting.  Mr. Foulke thanked members for their
participation and adjourned the meeting at 2:01 p.m.

*  	Exhibits referenced in these minutes are available for copying and
inspection at the OSHA Docket Office, Docket No. OSHA-2007-0010, Room
N-2625, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Washington DC 20210; telephone (202) 693-2350.  Exhibits can also be
accessed at   HYPERLINK "http://www.regulations.gov" 
http://www.regulations.gov , the federal eRulemaking Portal.

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