Questions cont'd - doe-hdbk-1101-20040033

DOE-HDBK-1101-2004

Questions

36.

Please clarify the definition of employee. Does the PSM Rule mean hourly, salaried,

or both?

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.

37.

What are acceptable levels of employee participation? Must employees participate

in all PSM elements? What documentation is required to demonstrate

participation?

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.

38.

How do DOE contractors consult with employees and their representatives at a

non-union facility?

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.

39.

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.

40.

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.

41.

What does access to PrHAs mean?

Employees working in a covered process area should be able to review a PrHA report on

the process.