5 U.S.C. § 7901 — Health service programs

Page 919 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7901 ministrative proceedings pending at time provisions of Pub. L. 101–12 take effect, and suits and other pro- ceedings as in effect immediately before effective date of Pub. L. 101–12, see section 7 of Pub. L. 101–12 set out as a note under section 1201 of this title. CHAPTER 79—SERVICES TO EMPLOYEES Sec. 7901. Health service programs. 7902. Safety programs. 7903. Protective clothing and equipment. 7904. Employee assistance programs relating to drug abuse and alcohol abuse. 7905. Programs to encourage commuting by means other than single-occupancy motor vehi- cles. 7906. Services of post-combat case coordinators. Editorial Notes AMENDMENTS 2011—Pub. L. 112–81, div. A, title XI, § 1106(b), Dec. 31, 2011, 125 Stat. 1614, added item 7906. 1993—Pub. L. 103–172, § 2(b), Dec. 2, 1993, 107 Stat. 1996, added item 7905. 1986—Pub. L. 99–570, title VI, § 6004(b), Oct. 27, 1986, 100 Stat. 3207–159, added item 7904. Statutory Notes and Related Subsidiaries STATE OR LOCAL GOVERNMENT PROGRAMS ENCOUR- AGING EMPLOYEE USE OF PUBLIC TRANSPORTATION; FEDERAL AGENCY PARTICIPATION Pub. L. 102–241, § 44, Dec. 19, 1991, 105 Stat. 2226, pro- vided that: ‘‘The Department of Transportation may include military personnel of the Coast Guard in any program in which the Department participates under section 629 of the Treasury, Postal Service and General Government Appropriations Act, 1991, Public Law 101–509 [set out below], notwithstanding section 629(c)(2) of that Act.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Pub. L. 101–509, title VI, § 629, Nov. 5, 1990, 104 Stat. 1478, authorized Federal agencies and employees to par- ticipate in State or local government programs encour- aging employees to use public transportation, directed General Accounting Office, not later than June 30, 1993, to conduct a study and submit a report on the imple- mentation of such programs, and provided that this section was repealed effective Dec. 31, 1993. § 7901. Health service programs (a) The head of each agency of the Govern- ment of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction. (b) A health service program may be estab- lished by contract or otherwise, but only— (1) after consultation with the Secretary of Health, Education, and Welfare and consider- ation of its recommendations; and (2) in localities where there are a sufficient number of employees to warrant providing the service. (c) A health service program is limited to— (1) treatment of on-the-job illness and dental conditions requiring emergency attention; (2) preemployment and other examinations; (3) referral of employees to private physi- cians and dentists; and (4) preventive programs relating to health. (d) The Secretary of Health, Education, and Welfare, on request, shall review a health serv- ice program conducted under this section and shall submit comment and recommendations to the head of the agency concerned. (e) When this section authorizes the use of the professional services of physicians, that author- ization includes the use of the professional serv- ices of surgeons and osteopathic practitioners within the scope of their practice as defined by State law. (f) The health programs conducted by the Ten- nessee Valley Authority are not affected by this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 90–83, § 1(47), Sept. 11, 1967, 81 Stat. 209; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(9), Sept. 23, 1996, 110 Stat. 2869.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 150. Aug. 8, 1946, ch. 865, 60 Stat. 903. Sept. 23, 1950, ch. 1010, § 8, 64 Stat. 986. In subsection (a), the words ‘‘agency of the Govern- ment of the United States’’ are coextensive with and substituted for ‘‘departments and agencies including Government-owned and controlled corporations’’ to avoid confusion with the definitions in sections 101–105. In subsection (d) the word ‘‘appropriate’’ in the phrase ‘‘appropriate comment and recommendations’’ is omitted as unnecessary. The words ‘‘to the head of the agency concerned’’ are added for clarity. In subsection (e), the substance of the definition of ‘‘physician’’ in former section 790 is substituted for the reference to that section. In subsection (f)(2) and (3), the words ‘‘Canal Zone Government’’ and ‘‘Panama Canal Company’’ are sub- stituted for ‘‘Panama Canal’’ and ‘‘Panama Railroad’’, respectively, on the authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038. The last proviso of the first sentence of the Act of Aug. 8, 1946, is omitted as executed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT This section amends 5 U.S.C. 7901 to reflect 1966 Reor- ganization Plan No. 3, effective June 25, 1966, 80 Stat. 1610, section 1 of which transferred all functions of the Public Health Service to the Secretary of Health, Edu- cation, and Welfare. Editorial Notes AMENDMENTS 1996—Subsec. (f). Pub. L. 104–201 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘The health programs conducted by the following agencies are not affected by this section— ‘‘(1) the Tennessee Valley Authority; ‘‘(2) the Canal Zone Government; and ‘‘(3) the Panama Canal Company.’’ Page 920 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7902 Statutory Notes and Related Subsidiaries CHANGE OF NAME Secretary of Health, Education, and Welfare redesig- nated Secretary of Health and Human Services by sec- tion 3508 of Title 20, Education. SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–172, § 1(a), Dec. 2, 1993, 107 Stat. 1995, pro- vided that: ‘‘This Act [enacting section 7905 of this title and provisions set out as notes under section 7905 of this title] may be cited as the ‘Federal Employees Clean Air Incentives Act’.’’ DEMONSTRATION PROJECT: HEALTH PROTECTION; HEALTH PROMOTION; DISEASE PREVENTION; AND SEC- ONDARY PREVENTION Pub. L. 99–251, title I, § 110, Feb. 27, 1986, 100 Stat. 17, directed Director of Office of Personnel Management to conduct a demonstration project to determine most ef- fective method of furnishing health protection, health promotion, disease prevention, and secondary preven- tion services to Federal Government employees, with Director to report to Congress no later than 60 days after termination of project on Feb. 27, 1988. § 7902. Safety programs (a) For the purpose of this section— (1) ‘‘employee’’ means an employee as de- fined by section 8101 of this title; and (2) ‘‘agency’’ means an agency in any branch of the Government of the United States (not including the United States Postal Service), including an instrumentality wholly owned by the United States, and the government of the District of Columbia. (b) The Secretary of Labor shall carry out a safety program under section 941(b)(1) of title 33 covering the employment of each employee of an agency. (c) The President may— (1) establish by Executive order a safety council composed of representatives of the agencies and of labor organizations rep- resenting employees to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and (2) undertake such other measures as he con- siders proper to prevent injuries and accidents to employees of the agencies. (d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks. (e) Each agency shall— (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and (2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 91–596, § 19(c), Dec. 29, 1970, 84 Stat. 1610; Pub. L. 105–241, § 2(b)(2), Sept. 28, 1998, 112 Stat. 1572.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 784 (less (a)). Sept. 16, 1916, ch. 458, § 33 (less (a)); added HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large Dec. 22, 1944, ch. 664, 58 Stat. 887. Oct. 14, 1949, ch. 691, § 209, 63 Stat. 865. Subsection (a) is added on authority of former sec- tions 790(b) and 794 (1st sentence), which are carried into section 8101. The words ‘‘Secretary of Labor’’ and ‘‘Secretary’’ are substituted for ‘‘Administrator’’ on authority of sec- tion 1 of 1950 Reorg. Plan No. 19, eff. May 24, 1950, 64 Stat. 1271. Subsection (b) is restated for clarity. The words ‘‘under section 941(b)(1) of title 33’’ are substituted for ‘‘The provisions of section 941 of title 33 shall, insofar as not inapplicable, apply’’ on authority of section 941(g)(2) of title 33. The reference to ‘‘a safety program’’ is based in part on the words ‘‘in furtherance of the safety program carried out by the Secretary pursuant to this section’’ in former section 784(c). In subsection (d), the word ‘‘foster’’ is omitted as in- cluded in ‘‘develop and support’’. The words ‘‘and re- duce compensable injuries’’ are omitted as unneces- sary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1998—Subsec. (a)(2). Pub. L. 105–241 inserted ‘‘(not in- cluding the United States Postal Service)’’ after ‘‘Gov- ernment of the United States’’. 1970—Subsec. (c)(1). Pub. L. 91–596 included represent- atives of labor organizations representing employees. Executive Documents EXECUTIVE ORDER NO. 10990 Ex. Ord. No. 10990, Feb. 5, 1962, 27 F.R. 1065, which pro- vided for the establishment of a Federal Safety Coun- cil, was superseded by Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, formerly set out below. EXECUTIVE ORDER NO. 11612 Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, which related to occupational safety and health programs for federal employees, was superseded by Ex. Ord. 11807, Sept. 28, 1974, 39 F.R. 35559, formerly set out below. EXECUTIVE ORDER NO. 11807 Ex. Ord. No. 11807, Sept. 28, 1974, 39 F.R. 35559, which related to occupational safety and health programs for federal employees and continued the Federal Advisory Council on Occupational Safety and Health, was re- voked by Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set out below. EX. ORD. NO. 12196. OCCUPATIONAL SAFETY AND HEALTH PROGRAMS FOR FEDERAL EMPLOYEES Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, as amended by Ex. Ord. No. 12223, June 30, 1980, 45 F.R. 45235; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, pro- vided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 7902(c) of Title 5 of the United States Code and in accord with Section 19 of the Occupational Safety and Health Act of 1970, as amended (29 U.S.C 668), it is ordered: 1–1. SCOPE OF THIS ORDER 1–101. This order applies to all agencies of the Execu- tive Branch except military personnel and uniquely military equipment, systems, and operations.