OSHA Instruction PER 5-5.2 October 30, 1978

February 27, 1973

OSHA Administrative Directive PER 5-5.2

To: All OSHA Employees

Subject: OSHA's Policy for Equal Employment Opportunity

Directives Affected: This Directive is to be used in conjunction with Secretary's Orders No. 19-72 and No. 30-72, and OSHA Administrative Directives No. 19 and No. 44 are hereby canceled.

Attachment: None.

1. Purpose. To state OSHA's policy and assign responsibility for equality of employment opportunity.

2. Policy. OSHA's equal employment opportunity program is based on an affirmative plan of action. Affirmative action requires more than the elimination of discrimination based on race, sex, national origin, religion, or age. It requires a positive attack on those problem areas, conditions, and factors which are barriers to the realization of each employee's full potential. Equality of opportunity in recruitment, job assignments, promotions, working conditions, and training is the basis of the Federal Merit System and the goal of our EEO policy.

Program success demands that all employees know both their responsibility to support this effort and their right to benefit from equal employment opportunity. While EEO is the concern of all individuals, specific responsibilities are assigned to selected positions to insure that the objectives of the affirmative action plan will be achieved.

3. Responsibility.

a. OMS. The prime responsibility for administering the equal opportunity program, including the Federal Women's Program (FWP), is functionally assigned to the Division of Employee Development, Office of Management Services.

OSHA Instruction PER 5-5.2 October 30, 1978

The Division develops the OSHA Affirmative Action Plan, assigns duties and responsibilities for implementing the Plan, and monitors its effectiveness. To realize the EEO policy this Division will:

1. Promote the total equal opportunity program so that all supervisors and employees are informed of their rights and responsibilities.

2. Establish a reporting system from which to analyze the status of minorities and women within OSHA.

3. Coordinate a recruiting program, in the National Office and the field, designed to attract minorities and women to positions within OSHA.

4. Provide information and staff assistance to management and employees about the Plan, OSHA's EEO policy, and related activities.

5. Identify and respond to career development needs through training, education, counseling, and upward mobility programs.

6. Work with the DOL EEO Office to accomplish our mutual goals.

b. National Office Directors. National Office Directors will take positive action to comply with OSHA, DOL, and CSC efforts to fulfill EEO policy activities and goals. They will implement action items in the Affirmative Action Plan for which they have been designated the action official.

c. Regional Administrators. Regional Administrators will implement the OSHA EEO policy in their regions by meeting, as a minimum, the requirements of the OSHA Regional EEO Affirmative Action Plan. To accomplish this effect, Regional Administrators will:

1. Designate a part-time EEO assistant who will serve as the contact point for the National Office and carry out responsibilities as assigned.

2. Act positively to comply with OSHA, DOL, and CSC efforts to fulfill EEO policy activities and goals.

OSHA Instruction PER 5-5.2 October 30, 1978

3. Identify and take action in a broad range of EEO concerns, especially in matters affecting conditions of employment like fair housing, adequate transportation to the workplace, and child and medical care.

4. Collect and report requested information so that OSHA may accurately monitor the regional progress in EEO.

d. Managers and Supervisors. Each manager and supervisor (including National Office Directors and RA's) has a duty to inform himself and his employees about the objectives of the Affirmative Action Plan and contribute to achieving those goals within his control. Among other responsibilities, managers and supervisors will:

1. Evaluate the performance of subordinate supervisors, if any, on their specific efforts to support OSHA's EEO policy. Make this evaluation a part of all Merit Staffing Performance Reports.

2. Take positive actions through selections, promotions, on-the-job training, work assignments, formal training, etc., to insure that the minority and female representation of their employees is at least consistent with OSHA goals and time tables.

3. Advise employees on their performance and encourage developmental opportunities, including planned on-the-job training, work assignments, and formal training, which will help them achieve their full potential.

4. Cooperate with inquiries and investigations of equal employment opportunity complaints and participate, if required, in the hearing process.

5. Use the resources of the Division of Employee Development to assist in fulfilling obligations to employees.

OSHA Instruction PER 5-5.2 October 30, 1978

4. Effective Date. This directive is effective immediately and will be retained until further notice.

Barry J. White, Director Office of Management Services

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

(Originator OMD)