This is an OSHA ARCHIVE Document, and may no longer represents OSHA policy. This document is presented here as historical content, for research and review purposes only.

OSHA Instruction PER 3.3 October 30, 1978

OSHA ADMINISTRATIVE DIRECTIVE PER 3-0.3

To: All OSHA Employees

Subject: Outside Employment - Teaching, Lecturing, and Writing

1. Purpose. To state the OSHA policy concerning outside employment, i.e., teaching, lecturing, writing.

2. Background. The rules governing outside employment are contained in Title 29 of Code of Federal Regulations. These regulations are published as Appendix D to the Employees Handbook issued by the Department of Labor in 1971.

3. OSHA Policy. There is no general prohibition against OSHA employees holding jobs, financial interests, or engaging in outside business or professional activities. They are entitled to the same rights and privileges as all other citizens. Outside activities, such as teaching, lecturing, and writing are generally to be encouraged since they frequently serve to enhance an employee's value to the Government as well as to increase the spread of knowledge in our society.

Employees of OSHA may accept outside teaching, lecturing or writing positions provided the following conditions are strictly adhered to:

1. The hours and duties involved must not interfere with the performance of any official duties.

2. Only that information, data or material which has been made available to the general public may be used in the performance of such activities.

(In teaching a course of safety, the standards which have been published by the GPO and are available to the general public may be used as a text in the course.)

OSHA Instruction PER 3.3 October 30, 1978

3. Under no circumstances may official material such as reports of inspection, penalty citations, etc., which is not available to the general public, be used in any manner in these activities.

4. In the event the academic institutions or organization for which an employee engages in outside employment becomes the object of a safety inspection, that employee will be disqualified or barred from participating in the official inspection.

(It would be highly inappropriate for any employee of OSHA to teach at an academic institution or other organization at night and conduct a safety inspection of that same organization during the official work day.)

4. Action. Any OSHA employee who is engaged in or is planning to engage in outside employment, business or professional activity must request clearance for such activity in writing from his Regional Administrator (if field) or from the appropriate Office Director in Washington, D.C. The request must (a) identify the employee by name, title, grade and location, (b) contain a statement of the employment or activity planned, (c) state the amount of time to be devoted to the employment or activity, and (d) include a statement to the effect that the employee is fully informed of and understands the requirements of all laws, orders, regulations, and standards applicable to the activities for which clearance is being requested.

5. Effective Date. This directive is effective immediately, and will remain in effect until canceled or superseded.

Director, Office of Management Services

DISTRIBUTION: A-1, B-2, C-2, D-4, E-2

(Originator: OM)