OSHA Instruction ADM 8.1A CH-8 August 26, 1991 Office of Human Resources and Organizational Management

Subject: Changes to OSHA Directives System Manual

A. Purpose. This instruction transmits a revised OSHA Draft Clearance Request, OSHA 83 form (11/90 edition).

B. Scope. This instruction applies OSHA-wide.

C. Action.

1. Originators of OSHA National Office directives must start using immediately the attached revised OSHA 83, Draft Clearance Request when preparing proposed directives for clearance.

2. Remove pages I-1, I-2, and III-1 through III-12 from OSHA Instruction ADM 8.1A and replace with the attached changed pages.

3. File the transmittal pages of this instruction after change seven transmittal page for OSHA Instruction ADM 8.1A.

D. Explanation of Change.

1. Concurrence of OSHA directives is no longer assumed if the clearance is not received by the deadline date specified on the OSHA 83 form.

2. Originators of proposed directives must receive a response from each office listed (item three) on the OSHA 83 form.

E. Copies. Copies of the revised OSHA 83 form may be obtained from the Division of Organizational Management and Human Resources Planning, Room N3618.

David C. Zeigler Director Administrative Programs

Distribution: National, Regional and Area Offices

A. Purpose. This chapter introduces the OSHA Directives System.

B. Applicability. This instruction applies to all organizational elements of the Occupational Safety and Health Administration (OSHA).

C. Scope. The OSHA Directives System communicates the following types of information:

1. Mandatory. When material fits into any of the following categories, issue it as a directive, following the guidelines and procedures contained in this manual:

a. Establishes policy or procedure.

b. Delegates authority or assigns responsibility.

c. Establishes or changes organizational structure.

d. Revises or cancels another directive.

e. Establishes a report or form.

2. Optional. you may issue announcements and requests for comments, approval, or information in the directives system.

3. Exclusions. You may not issue the following types of information in the OSHA Directives System:

a. Publications issued primarily for the public.

b. News releases.

c. Routine correspondence.

D. Definitions.

1. Directive. A written communication which initiates or governs action, conduct, or procedure. In OSHA, directives are issued as either instructions or notices.

| 2. Directives Coordinator. The official designated by | the Assistant Secretary to coordinate National | Office directives which affect field activities. | The Director, Office of Field Programs, is | designated the OSHA Directives Coordinator.

3. Directives Liaison Officer. The designated official within each OSHA Directorate, Regional Office, or Area Office responsible for administering the OSHA Directives System for that office.

4. Directives Management. An element of records management dealing with the information systems used to communicate policy and procedure to agency employees. This includes the development and prompt distribution of directives that are complete, easily understood, readily accessible, and revisable.

| 5. Directives Officer (DO). The official responsible | for the overall administration of the OSHA | Directives System. The Chief, Division of Organizational Management and Human Resources Planning is designated the OSHA Directives Officer.

6. Directives System. The primary means for management to issue policy or procedure to OSHA personnel.

7. Instruction. An OSHA directive which transmits information which has continuing value, commonly referred to as "permanent" information. You may issue an instruction as a manual whenever the material is over 20 pages long or whenever other special requirements dictate this format.

A. Purpose. This chapter prescribes responsibilities, guidelines, and procedures for coordinating and clearing OSHA directives.

B. Responsibilities.

1. Assistant Secretary or Deputy Assistant Secretary. The Assistant Secretary or Deputy Assistant Secretary will:

a. Sign (or delegate signatory authority for) national directives.

b. Approve (or delegate approval authority for) superseding normal coordination and clearance procedures to issue emergency directives. (See paragraph D.3., Emergency Release.)

2. Originator. The originator of a directive will:

| | a. Prepare OSHA 83 (Revised November 1990), OSHA | Draft Clearance Request. (See Figure III-3, | page III-11 for completed sample form OSHA 83.)

b. Distribute the draft directive to internal and/or external offices for review and comment.

c. Collect, review, and integrate comments in a final draft directive.

d. Submit the final directive for signature, all copies of OSHA 83, all comments received from internal and/or external offices, and any other background materials, to the Directives Officer (national directives) or Directives Liaison Officer (office directives).

3. Clearance Officers. Clearance Officers will respond to requests for comments on draft directives within specified time periods.

4. Directives Coordinator. The Directives Coordinator will:

a. Coordinate collection and review of comments on proposed directives which affect OSHA field activities.

b. Submit integrated field comments to the originator.

5. Directives Officer. The Directives Officer will ensure that national directives are coordinated and cleared properly.

6. Directives Liaison Officers, Each Directives Liaison Officer will ensure that directives | within his/her jurisdiction are coordinated and cleared properly.

C. Guidelines.

1. General. Be selective in clearing draft directives outside the originating office. Clearance is mandatory if the subject matter relates to any of the offices listed in Figure III-1, Mandatory Clearance Table, page III-8. Include organizations that are:

a. Responsible for programs, standards, or procedures affected by the draft directives,

b. Administratively or legally responsible for reviewing the draft directive.

c. Required to take or modify action as a result of the draft directive.

2. Within the Department of Labor

a. Within OSHA.

(1) National Directives. Clear national directives which affect the activities or functions of another OSHA national or field office with that office.

(2) Office Directives. Clear office directives which affect the activities or function of other organizations or individuals with those organizations or individuals.

b. Office of the Solicitor. Clear the following regulatory materials with the Office of the Solicitor.

(1) Any construction or interpretation of laws or regulations.

(2) Any citation of laws or regulations as the authority for a legal position.

(3) Any other statement expressing an opinion on a matter of law, legal rights, or liabilities.

3. Outside the Department of Labor.

a. Office of Management and Budget (OMB). Appropriate off ices of OMB must clear national directives which implement OMB Circulars.

b. Other Federal Agencies. Clear with other Federal agencies those directives which affect those agencies' programs. Refer to arrangements between the Assistant Secretary and the heads of other Federal agencies.

c. State and Local Governments. Chief executives of State and local governments may comment on major proposed directives which directly affect any of the following:

(1) Interstate and intergovernmental relation ships (e.g., State-State, State-local, and interlocal).

(2) Designations of agencies within State or local governments.

(3) Organizations, planning, personnel, or fiscal activities of State or local governments.

(4) Roles and functions of heads of State or local governments.

D. Coordination Procedures.

1. Informal. Originators should informally coordinate draft directives and exchange comments and suggestions with affected counterparts before submitting the proposed directive for formal clearance.

a. Preliminary Agreements. As you develop a proposed directive, carry on discussions with affected offices at a high enough level to permit firm agreements. This will expedite clearance, but does not constitute final clearance.

b. Coordination. Informal coordination should enable clearance officers to act promptly when they receive draft directives for formal review and clearance. It should also avoid additional detailed review of material already discussed during the developmental stage.

c. Office Directives. When office directives supplement a national directive, you may informally coordinate with the originating National Office and with the Directives Coordinator.

2. Formal Clearance. Figure III-2, National Directives Processing Procedures, page III-10, shows the steps involved in formally coordinating and clearing draft national directives. (The process for clearing office directives will be established by each office and explained in their office directive on directives.) In an emergency, these procedures may be temporarily bypassed. (See paragraph D.3, Emergency Release.)

a. Originator.

| (1) Completes items 1 through 6 on OSHA 83 | (Rev. November 1990). See Figure III-3, page | III- 11.

(2) In item 5, allow 10 working days for clearance within the National Office.

(3) Prepares enough copies of OSHA 83 and draft directive to circulate concurrently to all clearance officers within the national office, including the Directives Coordinator and the Labor Management Officer.

(4) Checks off on each copy of OSHA 83 (item 3) the name of the clearance office to which that copy goes.

(5) Sends copy of the OSHA 83 and draft directive to each clearance office in the National Office.

b. Directives Coordinator (Office of Field Programs).

(1) Determines whether field coordination is necessary.

| (2) Informs originator that field coordination | is necessary and requests a new due date. | (See paragraph b.(4) below.) | (3) If field coordination is necessary, completes items 1 through 6 on the OSHA 83.

(4) In item 5 of the OSHA 83, allows 15 working days for field clearance.

(5) Copies and distributes the OSHA 83 and draft directive as necessary to field offices.

c. Labor Management Relations Officer.

| (1) Determines whether consultation with Local | 12 or the NCFLL is required. | | (2) Indicates whether consultation is required | in item 7 and completes 8, 9 and 10 on the | OSHA 83. | | (3) If consultation with Local 12 or the NCFLL | is required, coordinate with directorates.

(4) Returns OSHA 83 directly to originating office (item 6).

d. Clearance Officers in National Office.

| (1) Review draft directive. | | (2) Complete items 7, 8, 9 and 10 on the OSHA 83. | (See Figure III-3, page III-11.) | | (3) Return the OSHA 83 with comments directly to | originating office (item 6).

e. Clearance Officers in the Field.

(1) Review draft directives.

| (2) Complete items 7, 8, 9 and 10 on the OSHA 83. | | (3) Return the OSHA 83 with comments to the Directives Coordinator through channels determined by Regional Administrator.

f. Directives Coordinator.

(1) May consolidate field comments.

(2) Submits the OSHA 83's received from the field to the originating office (item 6).

g. Originator.

| (1) Reviews and reconciles any comments noted in | item 7 on the OSHA 83. | | (2) Revises draft directive as necessary.

(3) Prepares directive in final form, in consultation with the Directives Liaison Officer.

(4) If external clearance (except Union) is | required, initiates required clearances. | | (5) Sends FINAL directive, KEY words and | appropriate CFR references for directives | index, cross-reference sheets as needed, all | copies of OSHA 83, other materials received | from clearing offices, and other background materials, to the Directives Officer.

h. Directives Officer.

(1) Reviews final directive to ensure compliance with OSHA Directives System.

(2) Routes final directive to approving official for signature.

(3) Places all other materials received from originating office in the historical directive file. (See Chapter VII, Files.)

i. Approving Official.

(2) Signs final directive, or requests revision.

j. Directives Officer.

(1) If approving official has requested revisions, returns directive to Directives Liaison Officer in originating office to coordinate necessary changes.

(2) If directive has been signed, places a signed copy in the historical directive file.

(3) Forwards original of signed directive to Director, Office of Administrative Services.

k. Director, Office of Administrative Services.

(1) Reproduces and distributes directive. (See Chapter V, Reproduction and Distribution).

3. Emergency Release. In emergencies, directives may be issued without going through normal coordination and clearance procedures. The originating office must obtain approval to bypass normal procedures from the Assistant Secretary (for national directives), or the Directorate head or Regional Administrator (for office directives). After emergency release, the directive must then be cleared according to normal procedures and reissued.

Subject Category Clearance Office(s)

ADM Directorate of Administrative Programs

ADC Office of Information and Consumer Affairs

BUD Directorate of Administrative Programs

| CPL Directorate of Compliance Programs | Office of Management Data Systems | | DIS Directorate of Compliance Programs | | FAP Directorate of Compliance Programs

FIN Directorate of Administrative Programs

LEG Directorate of Policy

OFF Directorate of Administrative Programs

PER Directorate of Administrative Programs

PER 5-5 Equal Employment Opportunity Staff

PRO Directorate of Administrative Programs

PBM Directorate of Administrative Programs

PAE Directorate of Compliance Programs

PUB Office of Information and Consumer Affairs

REP Directorate of Administrative Programs

RSH Directorate of Policy

STD Directorate of Safety Standards Programs

| | Directorate of Technical Support | | STP Directorate of Federal and State Operations

TNR Directorate of Technical Support

| TED Directorate of Federal and State

Operations

| All affecting Office of Field Programs | Field | | All Federal Directorate of Federal and State | Program Operations | Changes | | All Office Of Human Resources and | Directives Organizational Management | (Labor Management Officer)

Division of Human Resources and Organizational Management (Directives Officer)

ORIGINATOR COMPLETES THE FOLLOWING:

Item

|1. Originating Office. Enter the name of the office | originating the directive. | |2. Date. Record the date the directive is sent out for | clearance. | |3. Clearance Office. Enter the names and offices of the | clearance officials. The Directives Coordinator must be | included, unless the directive obviously does not affect | the field. | |4. Subject of Clearance. Enter the subject of the proposed | directive. | |5. Deadline Date. Specify the date by which clearance | officers must respond to the proposed directive. | |6. Originating Office Contact. Specify a person who can be | contacted for questions or responses on the proposed | directive. | |CLEARANCE OFFICERS SHALL COMPLETE THE FOLLOWING: | |7. Concurrence. Check one or both boxes, as appropriate. | |8. Clearance Office Contact. Enter the name, office, room | number and telephone number of the clearance office | contact. | |9. Clearance Officer Signature. Clearance officer specified | in item 3 signs his or her name in item Q. | |10. Date Cleared. The date the clearing officer signs Item | #9.