Employee Participation cont'd

DOE-HDBK-1101-96

Questions

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

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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.

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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 activi-

ties 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 documenta-

tion as PrHA reports and minutes of safety meetings.

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

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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.

The PSM Rule requires contractors to consult with employees and their representatives. Is

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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

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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 docu-

ments 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?

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

process.