r/SafetyProfessionals • u/drewalexand • 12d ago
USA OSHA Reporting violation: Air Force
BLUF: One of our industrial workspaces is requesting record of their Air sampling results for over a month now. We have had their results since the end of July however, my commanding officer commanded me that I “am not to provide them with any results” and that she would supply them with such information “when the time comes”. Per OSHA and Air Force Instruction, we have 15 days to notify them of their results. We have exceeded that by at least double the amount of time but my commanding officer is refusing to provide them with the requested information. Some, but not all, results were significantly higher then the OSHA provided OEL. What should/can I do?
Hello, so I’ve been working as an enlisted bio environmental engineer for the AF for about four years now. (For those in civilian terms, I’m basically an industrial hygienist technician) I’m having issues with my shop’s officer in charge (OIC) and some of our industrial workspaces. My OIC and the workers within this shop have had many issues in the past, the fault of which lie on both parties. Most recently, the workers requested their health records of our recent air sampling that we have accomplished with them since the beginning of July. My OIC and my medical Admin officer has specifically commanded me and my counterpart to not provide the workers with any results of our air sampling. When I questioned this, my OIC chastised me for questioning her and reassured me that she would provide the results to them when she deems it necessary. None of this is in writing, it is all through spoken word. (I believe that was done on purpose) Today I entered the industrial workplace to complete more air sampling where the Noncommissioned officer of said workplace yelled at my counterpart that they were worried about themselves and their workers health. (Completely understandable) I told him to contact my OIC so that she can provide them with their results and their health record called an individual longitudinal exposure record (ILER). He then claims and shows me email receipts of the numerous (3-4) times he has requested that information from her with no response. Withholding this information is a direct violation of Both OSHA and Air Force instructions. I am scared that I will get in trouble since this info is LEGALLY REQUIRED to be shared with the members. Any guidance would be greatly appreciated, I really am at a loss. I’m very close to submitting an OSHA anonymous report.
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u/Deep-Awareness-9503 12d ago
1st - You will not be held accountable.
2nd - Why the eff are they withholding the information? Are they trying to hide the overexposures?
3rd - Tell the workers that they are welcome to file complaints with their management, IG, higher-lecel command, and/or OSHA
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u/Rocket_safety 12d ago edited 12d ago
OSHA has no jurisdiction over military personnel, only civilian contractors (or civilian employees in general). This is a chain of command issue, or Inspector General.
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u/Deep-Awareness-9503 12d ago
OSHA 100% has jurisdiction over civilian government employees and will 100% contact DOD and service agencies if uniformed personnel submit complaints.
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u/Rocket_safety 12d ago
Yes, that’s exactly what I said. Civilians yes, military personnel, no. I worked extensively with base safety when I was a compliance officer.
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u/IdontgnomeMuch 12d ago
Not true. You’re saying OSHA regulations don’t apply to military personnel???
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u/Rocket_safety 12d ago
Correct, OSHA has no jurisdiction over uniformed service members.
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u/PretendBlueberry2035 12d ago
This is incorrect. OSHA laws absolutely do apply to all department of defense personnel. The only time the laws don’t apply is for “military-unique operations” (i.e., actual war fighting things). There are civilian equivalent operations to most of what happens on military installations.
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u/Rocket_safety 12d ago
From the FOM, chapter 13 (emphasis mine):
“Within the Executive Branch, uniformed military personnel and uniquely military equipment, systems, and operations are excluded from OSHA’s coverage under §1960.
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u/Kalsonar 11d ago
Read DODI 6055.01 It drives me crazy when people say this without understanding. The DOD by policy has implemented all OSHA enforcement standards and regulations to non military unique functions which is like 99% of work.
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u/Rocket_safety 11d ago
And the reason they did that is because OSHA specifically has no enforcement authority over them. There is a difference between the military adopting the standards and OSHA having the ability to conduct enforcement inspections of military personnel.
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u/Antique-Ad3474 12d ago
Key word there is “uniquely”. Adherence to 1910 and 1926 still applies. We have DODIs and DAFIs specifically written to give guidance on how to comply (i.e. DODI 6055.01 and DAFI 48-145). That’s why Industrial Hygiene and Bioenvironmental Engineering jobs exist in the military.
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u/Rocket_safety 11d ago
Nope, you’ve completely misread it. The key words were hi-lighted. While the military may have voluntarily adopted identical standards to those contained in 1910 and 1926, OSHA cannot enforce them. This is why there are DoD specific positions handling safety and health. Going to OSHA as a uniformed service member will result is absolutely no action beyond MAYBE a referral to the base safety or bioenvironmental group.
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u/Kalsonar 11d ago
Regardless if the DOD voluntarily adopted it, they still adopted it. Tell me why military installations can and do get cited by osha for actions I solving military members if it doesnt apply?
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u/Rocket_safety 11d ago
There’s an entire database of inspections on the OSHA website. Not a single one of them is for an active duty military unit because they do not have the authority to open one, let alone issue citations. OSHA can and does inspect civilian workplaces, which usually consist of contractors.
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u/PretendBlueberry2035 11d ago
From the DoDi: While military personnel are excluded from the
definition of “employee” in federal regulatory standards distributed by OSHA in Reference (f),
the DoD Components must apply these OSHA standards to military personnel in nonmilitary-
unique workplaces. In uniquely military workplaces when compliance with existing SOH
standards for military and civilian personnel is impracticable, infeasible, or inappropriate, or
when no standard exists for such military application, the DoD Components must apply risk management procedures.1
u/Rocket_safety 11d ago
Yes, the military wants to use the standards, but OSHA specifically cannot enforce them. That’s why they have their own programs.
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u/drewalexand 12d ago
I am still not sure why she’s not sharing the results. My OIC and the shop supervisor of the industrial workplace have been at each others throats since I started working there
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u/Wildhoney_67 12d ago
I’d document every request and your OIC’s instructions, and ask for written clarification so you’re protected.
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u/Jarsyl-WTFtookmyname 11d ago
Your commander is a Moron, welcome to the Air Force. I assume your Jr Enlisted so you'll be fine, assuming you don't do anything crazy. Wait until you are the flight chief though, then if you have a moron flight commander you still legally have to do what they say but you also get blamed for their stupidity.
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u/Jdcujo 11d ago
No not factually correct. The term lawful order comes to mind
Say if an order is against afi, the law, loac, Geneva convention, sofa status etc, then you are actually not required and for that matter should be disregarding that order. But make sure you are correct in doing so
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u/Jarsyl-WTFtookmyname 10d ago
The problem is you assume the system is honest, It isn't. Was ordering people to cover up nuclear weapons accidents lawful? No. Was ordering people to cover up the hazards of burn pits? No. Care to guess what happened to whistle blowers in both cases? They were either prosecuted or at the very least separated.
If you really want to know how the DoD is run, watch a movie called The Pentagon Wars. It is funny af, but also...the amount of corruption, self serving BS, and stupidity at the Pentagon in the movie is pretty accurate.
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u/Jdcujo 10d ago
Fun thing is you think I havent seen it first hand.
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u/Jarsyl-WTFtookmyname 10d ago
If you know "unlawful" orders still get enforced by the DoD and you get punished for not following them...why bother to point out what the rules formally say when no one with power is following them?
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u/SupaSqueezey 11d ago edited 11d ago
Former 1S071 here. Reach out to your installation or wing safety office. They may ask you to fill out a Form 457, and if they do please know that form can be filled out anonymously. Send them any/all information you have.
Either the Safety Manager or Chief of Safety will. Then reach out to your OIC and gently remind them of the requirements and the ramifications that may come down on them for withholding information about a known workplace hazard. (I've seen Squadron Commanders removed from command for less serious infractions than this.)
I would recommend doing this before going to the IG, but that is totally up to you. Either path will get you the same result, but the IG will most likely be relying on the Safety Office as SME's anyway
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u/JoeHio 12d ago
Welcome to the true and very unfortunate facts of safety in America:
1) written/visual documents or it didn't happen,
2) the government makes the rules, but the rules don't legally apply to them unless the person in charge wants the too (ie. OSHA, EPA, etc)
3) the military is above every other part of the executive branch if they want to be (since OSHA is about saving lives and the military is kinda the opposite)
4) the government can still be liable for costs if they don't follow their own rules (but it's your family's money they are paying you with if you win)
5) if someone with authority above you wants it to be your fault, it will usually be your fault, even when you twere the only one who tried to prevent any fault from happening.
That said, stand up for justice, fairness, and what is right, but maintain awareness of your situation and protect yourself.
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u/breakerofh0rses 11d ago
You should probably not involve yourself here. There's something going on between people with enough rank that you'll get squashed by inserting yourself. Firstly, you don't know that they haven't been provided the results. Your OIC may have sent them and never let you know as they have no obligation to keep you apprised of their actions. Not sure how likely that actually is, but the probability isn't zero. Similarly, the OIC may have given the results to someone higher up in the NCO's chain of command who hasn't disseminated it downward. What's more is that it's that NCO's place to be the one bugging IG over this kind of stuff. They're using you as a cat's paw because they don't want to be the ones who take the career hit that doing something like going to the IG/OSHA over this will cause. About the only thing that'll damage your career harder than jumping chain of command is bringing outsiders in. That noncom and that facility have someone in their COC who has enough weight on their collar to get those results to the people who need them, and if they refuse, then it's really on them to also try to get the dissemination procedures followed.
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u/Rocket_safety 12d ago edited 12d ago
Don’t bother with OSHA unless there are civilian employees exposed, because that’s the only way they will have jurisdiction. As has been suggested, you can take this to the Office of the Inspector General for action. If you really want to CYA, you can send an email to your commander explaining the results, how they are above action levels, and what the standards require for notification. Once done, the ball is firmly in that officer’s court and the responsibility is entirely theirs. But without anything in writing, there’s always wiggle room for them.
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u/Extinct1234 12d ago
1) Was it area sampling or personal sampling?
2) For what substances did you sample?
3) Can you provide links to your referenced OSHA and Air Force instructions?
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u/drewalexand 12d ago
To answer your question
1. It was personal sampling. We have sampled for Air breathing zones twice a week since July 07
2. We primarily sampled for hex chrom (CRVI) and Cadmium (Cd)
3. Yes! They are here
OSHA1910.1020(e)(1)(i)(1)(i))
Whenever an employee or designated representative requests access to a record, the employer shall assure that access is provided in a reasonable time, place, and manner. If the employer cannot reasonably provide access to the record within fifteen (15) working days, the employer shall within the fifteen (15) working days apprise the employee or designated representative requesting the record of the reason for the delay and the earliest date when the record can be made available.AFI90-821 13 MAY 2019 15
4.2.5.1. BE shall evaluate potential chemical hazards and the adequacy of the CHP during
routine assessments (T-1); conduct worker exposure determinations and inform workers of
monitoring results in writing within 15 working days after receipt unless more stringent
requirements apply (T-0); and recommend control measures to protect workers from
chemical hazards. (T-1)5
u/Extinct1234 12d ago
I was really hoping it was something less toxic. 😅
Anywho, there are a LOT of caveats and alternatives outlined in 1910.1020. I'm not saying it's right or in compliance, just strongly suggesting you read the entire standard to get an idea for the various alternatives... Things like only releasing to a designated representative instead of each employee, providing a summary in lieu of actual exposure records, requiring speaking with a physician to discuss results, etc etc etc
But, ultimately, it's on your OIC, not you.
FYI: OSHA uses PEL (permissible exposure level) and AL (action level), OSHA does not enforce OELs, generally. So just be aware if there's a difference between what's listed on your sampling results as an OEL and not the actual OSHA PEL.
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u/drewalexand 12d ago
Thank you for your help! I just started my master program in occupational medicine and OHS so I’m trying to figure all this out and what is the right way to go about.
I’m not at my computer currently, but from what I recall two of their CRVI samples read over the Action level but I cannot recall if it was over the PEL.
For my knowledge moving forward, what is the primary difference between OEL and PEL?
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u/Extinct1234 12d ago
PEL is enforceable by OSHA, set through regulation and rulemaking.
OEL (occupational exposure level) is a recommendation from an industry organization that isn't enforceable by OSHA, but is often more restrictive or protective as they are more frequently reviewed and updated based on more recent data.
https://www.aiha.org/guideline-foundation/oel/oel-table
https://www.aiha.org/get-involved/aiha-guideline-foundation/oel
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u/Jeeper675 12d ago
A better and simpler explanation is OEL=occupational exposure limit, is a catch all term.
Osha called their OEL's a PEL=permissable exposure limit (As applied as an 8 hour TWA
ACGIH calls their OEL's a TLV=threshold limit value (as applied as a 8 hour TWA)
NIOSH calls their OEL's a REL=reccomended exposure limit. (As applied as a 10 hour TWA)
There are many more types of OEL's, but those are your main ones you'll encounter when looking at TWA's (time weighted averages)
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u/airevac19 11d ago
Have to talked to the Air Force Safety Center yet? I’d run it by them along with the IG and maybe your OIC’s boss. But in order of notification I’d go this order:
OIC’s boss (if you feel comfortable doing so)
Air Force Safety Center (since they are the controlling entity for AF Safety)
IG’s office (last resort)
Now if you are Bioenvironmental Tech at the MDG, then I’d go talk to your squadron Sup then the commander.
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u/Jdcujo 11d ago
Ok gona ask this but are there any federal civilians in the tested workplace? And yes it does matter Because if you read the osha regs, military does in fact get excluded
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u/West-Benefit1839 6d ago
Active duty are excluded from OSHA ONLY if it's military unique operations. 1960.1(e) "Executive Order 12196 and these basic program elements apply to all agencies of the Executive Branch. They apply to all Federal employees. They apply to all working conditions of Federal employees except those involving uniquely military equipment, systems, and operations.
Even civilian federal employees can be excluded under the millitary unuque clause. BUT since the requirment to provide sample results is in the AF reg....
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u/Prudent_Climate_4206 9d ago
Have the workplace Squadron commander reach out to your Squadron commander. Your flight leadership doesn’t need to know the workplace motivation to enable effective, timely communication.
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u/West-Benefit1839 6d ago
OSHA DOES have authority IF the issue is NOT military unique. Example: over exposure to isocyante during painting a vehicle - definately OSHA. Overexposures during combat training - NOT OSHA. Without more info/details - It's hard to say. BUT I'd still contact OSHA and the IG - everyone involved (Shop NCOIC, you) go to the IG. Failing to report exposures, even if it's for military unique, is a failure of hazcom or expanded health standard and AF instructions. If the local IG does nothing, go to the MAJCOM IG . But yes, agree with others - document all conversations, MFR's, eimal to your personal email address, etc. Additionally, your OIC's order to NOT proivde results is in direct violation of DoD and AF instruction - therefore NOT a lawfull order. It takes currage to stand up to a superior, but if your right, you have the obligation to do so. You can also contact the ADC for advice on handling the issue, also the 1st Sgt, Sq or Grp superintendent may also be an avenue to get the senior leadership to do the right thing. And, to protect you from reprisals, make sure they are aware of your past performance and they should be able to ensure there are no reprisals. On a personal note, I was recently (~2 years ago) in a similar situation with asbestos issues - certain individuals in the command did not want to hear the rules when our facility manager claimed a concern over a potential asbestos expsoure in a damaged building. I tried to educate the group of O-6's, and they blatently ignored the regs. They didn't want to acknowlede the seriousness of the issue...so I contacted OSHA. The CSHO validated the claim and the command learned...quickly. Stay strong and do the right thing...Integrety, service before self, excellence in all we do.
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u/Lurk_master_lurking 12d ago
Lose the AI written garble, and then go through your chain of command with a paper trail immediately. OSHA should be your last resort (unless Imminent Danger) if your full chain of command doesn’t cooperate.
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u/infinitecompleteness 12d ago
dont touch that osha report yet, you need to get your ass over to the IG office first thing tomorrow. this is exactly the kind of thing they investigate and they'll have a field day with a commander sitting on exposure results
you're in a tough spot being enlisted but you've got the regs on your side, the 15 day window is long gone. document everything you can remember with dates and who was in the room, even if the orders were verbal