Federal employee representatives in hazard-abatement meetings

February 19, 1986

Mr. Morris "Moe" Biller
General President
American Postal Workers Union, AFL-CIO
[Recipient address omitted]
Dear Mr. Biller:

Your letter of January 28 requesting party status for exclusive representation in Federal sector Occupation Safety and Health Administration (OSHA) proceedings is an issue that has been discussed for some time. We have, in the light of our meeting and your letter, discussed it again within the Labor Department.

However, nothing in either Executive Order 12196 or the basic program elements of 29 CFR Part 1960 compels, or even supports, an interpretation that Federal employee representatives, as a matter of right, must participate in all meetings at which there are discussions of hazard abatement. Indeed, the only requirements with respect to abatement are that, (1) where there are no safety and health committees, employee representatives be sent a copy of an abatement plan when abatement cannot be effected within thirty days: and (2) employee representatives be informed of interim protective measures being taken when abatement is not within the authority and resources of the official in charge of an establishment (29 CFR 1960.30).

I understand your position in this matter and I hope you will understand our reluctance to take the steps you suggest at this time. Rather than to argue about proceeding, I believe this is the time to concentrate on the substance of the hazard abatement. OSHA will continue its policy to keep employee representatives informed of the results of such meetings when agreement cannot be reached by management on representative's participation. Let me assure you that OSHA encourages maximum labor-management cooperation and communication in all aspects of safety and health in the Federal sector.

We appreciate your interest and concern for the safety and health of Federal employees.

Sincerely,
Patrick R. Tyson
Acting Assistant Secretary