MESSAGE FROM GENERAL COUNSEL
To fulfill my statutory responsibilities under Section 215(e)(2) of the Congressional Accountability Act, I am submitting this report to Congress on the results of the occupational safety and health inspections conducted by the Office of Compliance during the 112th and 113th Congresses. The United States Capitol Police Board has made a number of redactions to the report that may be released to the public and that will be posted on our web site at www.compliance.gov. Legislative Branch officials will receive the copy without redactions for their use, as they have in the past, as well as the copy with redactions, which they may share with the public.
I would like to thank the staff of the Office of the Architect of the Capitol and the other employing offices for their support with our biennial inspections and our investigations of requests for inspection. I wish to thank Sue Adams, Director, Safety, Fire and Environmental Programs, Architect of the Capitol, in particular, for her efforts to ensure there are processes in place to address issues and for fostering resolution and abatement of workplace safety hazards.
We value the high level of cooperation we receive from the employing offices – not only does it enable us to carry out our statutory mandate to inspect all Congressional facilities at least once each Congress without undue complications or litigation, but it has contributed significantly to reducing the workplace hazards on Capitol Hill.
August 2015
Amy Dunning
General Counsel
INTRODUCTION
A. Reasons for a Combined Report
This report contains the results of the biennial occupational health and safety (“OSH”) inspections conducted by the Office of Compliance’s Office of General Counsel (“OGC”) during the 112th and 113th Congresses. Due to funding reductions, the OGC was unable to assemble and finalize the results of the 112th Congress until the end of the 113th Congress. Rather than issue a separate report for each inspection, as has been done in the past, the results for both inspections are contained in one report.
B. Statutory Requirements
Congress passed the Occupational Safety and Health Act (“OSHAct”) in 1970 “[t]o ensure safe and healthful working conditions for working men and women[.]” 29 U.S.C. § 651, OSHAct Section 1. In what has come to be known as the “General Duty Clause,” the OSHAct requires employers to furnish each employee “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious harm to employees.” Id. at § 654(a)(1), OSHAct Section 5(a)(1). The Act also requires employers and employees to comply with occupational safety and health (OSH) standards issued pursuant to the statute. Id. at §§ 654(a)(2), 5(b), OSHAct Sections 5(a)(2), 5(b).
The Congressional Accountability Act (“CAA”) expressly requires employing offices and employees in the Legislative Branch to “comply with the provisions of section 5 of the OSHAct 2 U.S.C. § 1341(a). Employing offices thus are subject to the General Duty Clause, and both employing offices and employees are required to comply with OSH standards issued pursuant to the OSHAct. Id.
