Please clarify the definition of employee. Does the PSM Rule mean hourly, salaried,
Under the PSM Rule, OSHA normally considers an employee to be an hourly worker
who is directly involved with a covered process. However, DOE encourages full worker
participation, including subcontractor, hourly, and exempt workers.
What are acceptable levels of employee participation? Must employees participate
in all PSM elements? What documentation is required to demonstrate
DOE contractors should decide the appropriate level of employee involvement in PSM
activities based on site-specific conditions and consultation with employees. Although
the PSM Rule requires no specific documentation of employee involvement beyond that
specified in the written plan, the degree of employee participation should be evident in
such PSM documentation as PrHA reports and minutes of safety meetings.
How do DOE contractors consult with employees and their representatives at a
DOE contractors may provide a broad spectrum of possibilities for employee
participation in various PSM activities. They may also create management/employee
committees to address site PSM and safety and health issues.
The PSM Rule requires contractors to consult with employees and their
representatives. Is the term broad enough to include representatives of international
unions or consultants designated by the union locals or international?
The term employee representative means a union representative where a union exists, or
an employee-designated representative in the absence of a union. The term may include
the local union representatives, international union representatives, or individuals
designated by these parties, such as safety and health committee representatives at the
sites or non-employee consultants. In the absence of a union, employees may designate a
representative to participate in the consultation process.
What does access mean? Does access refer to availability at a central location? Do
DOE contractors have to make copies for employees if requested?
Access under the PSM Rule means that information must be made available for
employees and their representatives in a reasonable manner. Reasonable access may
require loaning documents or placing copies in more convenient places than a central
location. The trade secret provision of the Rule permits contractors to require
confidentiality agreements when needed.
What does access to PrHAs mean?
Employees working in a covered process area should be able to review a PrHA report on