OSHA Instruction STP 2-1.100 November 10, 1980 Office of State Programs

SUBJECT: Revised Standards for a Merit System of Personnel Administration for Grant-Aided Agencies

A. Purpose. This instruction provides guidance to the Regional Administrators on the revised Office of Personnel Management Standards for a Merit System of Personnel Administration.

B. Scope. This instruction applies OSHA-wide.

C. References.

1. 29 CFR 1902.3(h), State Plans for the Development and Enforcement of State Standards.

2. Chapter XVII, State Jurisdiction and State Plans, Field Operations Manual.

3. 5 CFR 900--Intergovernmental Personnel Act Programs--Subpart F, Standards for a Merit System of Personnel Administration.

D. Cancellation. OSHA Instruction STP 2-1.5, May 18, 1972, is cancelled.

E. Action. Each Regional Administrator shall:

1. Ensure that this instruction is forwarded to the State designees;

2. Provide to State designees, upon request, a copy of the February 16, 1979, Federal Register notice which includes the revised merit system standards; and

3. Ensure that the region's responsibilities in G. of this instruction are carried out.

F. Background.

1. One of the purposes of the Intergovernmental Personnel Act is to assist State and local governments to strengthen their staffs by improving their personnel administration. This goal is to be accomplished by the Office of Personnel Management's prescribing, and in cooperation with Federal grantor agencies, administering personnel standards on a merit basis for State and local government personnel systems serving grant-aided programs.

2. The merit system standards have been revised to make them consistent with the Civil Service Reform Act and to enable State and local governments to reform or modernize their personnel systems along similar lines, consistent with the merit system standards provisions.

G. Roles and Responsibilities.

1. The Regional Administrator has responsibility for:

a. Assuring through routine State plan monitoring and evaluation of grant-aided agencies that the personnel systems are being implemented in compliance with merit system requirements of the Office of Personnel Management (OPM).

b. Participating with OPM in its periodic evaluations to further assure that grant-aided agencies under OSHA's jurisdiction meet OPM Merit System Standards.

c. Communicating policies, procedures and other related program information to the State agencies.

d. Notifying State designees and OPM of deficiencies noted during routine State plan monitoring operations.

2. Because the affirmative action plan is an integral part of the personnel system, the Regional Administrator has further responsibility for:

a. Reviewing and evaluating the grant-aided agencies' affirmative action plans during routine monitoring of State plan activities. Noted deficiencies or potential problems shall be referred to the State designee and OPM.

b. Working closely with OPM Regional staff in the review of plans to assure achievement of goals set forth in the plans for equal employment opportunity.

3. The Office of Personnel Management (OPM) administers the merit system standards in cooperation with the Federal grantor agencies. This includes the authority to interpret the Intergovernmental Personnel Act and merit system standards and for determining, through periodic evaluation, whether the State or local personnel system is operating consistent with the standards. Otherwise, OPM is the prime agency that provides technical assistance and consultation to State and local governments on their personnel systems and negotiates and proposes actions for solutions to deviations from the standards.

H. Grant-Aided Agencies' Affirmative Action Plans.

1. Each State or local agency which carries out the designee's responsibilities under a State plan must have an affirmative action program which covers each operation of the agency for which Federal funds are received.

2. Each State or local agency participating in activities under a State plan must develop and maintain an affirmative action plan. The plan must be kept current to reflect the changing needs of the agency and must be made available on request by OPM and OSHA staffs for on-site review and evaluation.

I. Technical Assistance and Copies of Standards.

1. Standards for a Merit System of Personnel Administration, 900.607-1, Equal Employment and Affirmative Action, contains requirements and guidelines for use by the State in the development of its affirmative action plan. However, a State may also consult with OPM Regional staff on specific questions relating to the requirements and guidelines, or for technical assistance.

2. Standards for a Merit System of Personnel Administration was published in the Federal Register (Vol. 44-No. 34) on Friday, February 16, 1979. If copies are needed for either OSHA Regional Office staff or the State designees, they may be obtained from the OPM Regional Office or the Office of State Programs.

Bruce Hillenbrand Acting Director, Federal Compliance and State Programs

DISTRIBUTION: National and Regional Offices State Designees NIOSH Regional Program Directors