14 FAM 440
UNIFORMS, personal PROTECTIVE equipment and clothing worldwide
(CT:LOG-379; 06-09-2023)
(Office of Origin: A/LM)
14 FAM 441 SCOPE and AUTHORITY
14 FAM 441.1 Scope and Applicability
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. This subchapter prescribes the management of uniform and personal protective equipment and clothing (PPE) program worldwide.
b. This policy covers, in part, uniform cost limits and issuance of PPE that applies to U.S. Government civilian Federal employees, locally employed (LE) staff, and personnel hired under a personal services agreement (PSA).
c. Post and agencies must implement a policy to administer a uniform allowance program. The Department's officials responsible for this policy include the chief of mission (COM) at overseas posts, bureau executive directors and domestic managing directors. At a minimum, the policy should:
(1) Identify the category of U.S. Government employees required to wear uniforms;
(2) Establish requirements for determining the annual uniform funding limitation;
(3) Require employees to provide evidence acceptable to the agency of the employee's purchase of one or more uniforms (e.g., receipts); and
(4) Require employees to obtain uniforms that meet standards acceptable to the agency.
14 FAM 441.2 Authorities
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. Authorities include:
(1) 5 U.S.C. 5901, Uniform Allowances, which provides each U.S. Government agency the authority to furnish a uniform or pay an allowance to a U.S. Government employee, not to exceed the maximum amount established by the Office of Personnel Management (OPM);
(2) 22 U.S.C. 2669, section (e), which provides authority for the Department of State to use available funds to purchase uniforms; and
(3) 29 U.S.C. 668, sections (a)(1) and (2), which requires the head of each Federal agency to establish and maintain an effective and comprehensive occupational safety and health program to acquire, maintain and require use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees as prescribed by OSHA;
b. U.S. Government Code of Federal Regulations (CFR):
(1) 5 CFR 591.103, which contains OPM's regulations on establishing and administering the uniform allowance program;
(2) 29 CFR 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and;
(3) 29 CFR 1910 and 29 CFR 1926, Occupational Safety and Health Standards.
c. Executive Order plus Industry Standards:
(1) Executive Order 12196, Occupational Safety and Health Program for Federal Employees, as amended; and
(2) National Fire Protection Association (NFPA) Codes and Standards.
14 FAM 441.3 Applicability
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. U.S. Government civilian Federal employees, LE staff, and personnel hired under a personal services agreement to whom uniforms and PPE may be furnished under the authorities cited in 14 FAM 441.2, are those whose official duties are determined to necessitate the wearing of uniforms or PPE. Contractors (other than personal services contractors) are not eligible for uniforms or PPE items. The following are illustrative, but not an exhaustive list of the categories of personnel to be considered: medical staff, chauffeurs, guards, bodyguards, and certain warehouse and facility maintenance employees.
b. Furnishing uniforms to the official residence expense (ORE) staff of the chief of mission, deputy chief of mission, principal officer, or USAID director is not authorized by the authorities cited in 14 FAM 411.2. The ORE staff are not considered U.S. Government employees nor employees of the U.S. mission (3 FAH-1 H-3252.2).
c. This policy does not apply to employees of a contractor (i.e., company), and does not apply to the U.S. Government-owned personal property held by a contractor, including uniforms and PPE. See the terms and conditions in each specific contract.
d. Each of the other foreign affairs agencies have separate policies and procedures for their operations located in the U.S. and its territories that address providing uniforms to U.S. Government employees and requirements for OSHA personal protective equipment or OSHA personal protective clothing (i.e., welders clothes, hazmat suit for asbestos abatement, etc.).
e. Submit requests for interpretation of, or deviation from, these policies as follows:
(1) 15 FAM 800, the Fire Protection Program. Any questions or comments on fire protection PPE and clothing should be directed to the Office of Fire Protection, Directorate for Operations, Bureau of Overseas Buildings Operations (OBO/OPS/FIRE);
(2) 15 FAM 900, the Safety, Health, and Environmental Management Program: Any questions or comments on safety, health, and environmental regulations at foreign locations should be directed to the Office of Safety, Health, and Environmental Management (SHEM), Directorate for Operations, Bureau of Overseas Buildings Operations (OBO/OPS/SHEM);
(3) The Domestic Environmental and Safety Policy: Any questions or comments on domestic safety, health or environmental matters should be directed to the Domestic Environmental and Safety Division (A/OPR/FMS/DESD). The DESD Intranet site contains the Domestic Environment and Safety Guide on the Domestic PPE Program;
(4) 12 FAH-7, Local Guard Program: Any questions or comments on uniforms and Law Enforcement Equipment (LEE) (14 FAM 411.4) in relation to guards and bodyguards supporting security programs overseas should be directed to the regional security officer (RSO) and Office of Overseas Protective Operations (DS/IP/OPO);
(5) Logistics Policy (A/LM/POL) via LogisticsPolicyQuery@state.gov on uniforms and the personal property aspects of this subchapter along with the Property Management Division (A/LM/PMP/PM) on operational requirements for personal property control, inventory and disposition, including ILMS;
(6) USAID/Washington: Bureau for Management, Management Services Office, Overseas Management Division (USAID/W - M/MS/OMD);
(7) Commerce: International Trade Administration, U.S. and Foreign Commercial Services, Office of International Operations, Overseas Property Manager; and
(8) Agriculture: Foreign Agricultural Service; Office of Foreign Service Operations; International Services Division.
14 FAM 442 Responsibilities
(CT:LOG-368; 02-09-2023)
(State only)
a. Missions abroad that are subject to control of a chief of mission (COM) under section 207 of the Foreign Service Act of 1980 (Public Law 96-465) must ensure that a uniform and PPE policy is implemented for those employees whose official duties require the wearing of uniforms or PPE (see 15 FAM 957.6).
b. The Director of the Office of Safety, Health and Environmental Management in the Directorate for Operations, Bureau of Overseas Operations (OBO/OPS/SHEM) is responsible for developing and managing the Department's overseas safety and health program. SHEM program requirements and policies, including those related to PPE, are contained in 15 FAM 900.
c. The Director of the Domestic Environmental and Safety Division (A/OPR/FMS/DESD) is responsible for developing the Department’s domestic personal protective equipment and clothing (PPE) program. DESD is also responsible for providing technical assistance to bureaus, executive directors, managing directors, and workplace supervisors who are involved with the selection and use of PPE. The DESD Intranet site contains the Domestic Environment and Safety Guide to assist with PPE program implementation including selection, use, and employee training.
d. Bureaus, offices, and posts are responsible for funding and providing uniforms and PPE as necessary to protect employees and to meet Department of State or Federal standards overseas (see 15 FAM 900, which addresses funding of safety and health programs including PPE).
14 FAM 443 Subchapter Definitions
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
Agency: An executive agency, as defined in 5 U.S.C. 105 (5 CFR 591.102).
Category of employees: Any group of employees designated by an agency that has the same basic uniform requirements (5 CFR 591.102).
Head of agency: The head of an agency or an official who has been delegated the authority to act for the head of the agency (5 CFR 591.102).
Personal Protective Equipment/Clothing (PPE): Protective equipment for eyes, face, skin, head and extremities, protective clothing, respirators, ear protectors, protective shields, safety shoes, and barriers as a minimum; these items are essential for effective protection of workers potentially exposed to hazardous conditions in the work environment (29 CFR 1910 and 29 CFR 1926). All PPE must meet Occupational Safety and Health Administration (OSHA) design or performance standards, or that of the National Fire Protection Association (NEPA).
Uniform: Specified article or articles of clothing that may include, but is not limited to such items as shoes, boots, hats, shirts, slacks, skirts, or outerwear employees are required by an agency to wear to provide a distinctive and easily identifiable appearance in performing their job. A "uniform" does not include protective equipment required for the employee's safety under 5 U.S.C. 7903 or normal business or work attire purchased at the discretion of the employee (5 CFR 591.102).
Year: For uniforms only, year refers to the U.S. Government fiscal year (October 1 through September 30) relative to the basis for applying the maximum established uniform cost rate. (14 FAM 444.3).
14 FAM 444 FURNISHING UNIFORMS
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
This section is the Department's implementation of the OPM Government-wide regulations 5 CFR 591.101 through 5 CFR 591.103.
14 FAM 444.1 Determination of Requirement to Wear Uniform
(CT:LOG-379; 06-09-2023)
(State/USAID/Commerce/Agriculture)
a. The determination that the duties of an employee (medical employees excluded) require the wearing of a uniform are made by the property management officer (PMO), bureau executive director, managing director, workplace supervisor, RSO, and heads of agencies abroad (USAID, Commerce, or Agriculture), or their designees, on the basis of the following criteria:
(1) The duties of the employee involve performing services for, or obtaining services from, the local government, business firms, or the public; and
(2) It is necessary for employees to appear in uniforms to facilitate identification with the U.S. Government.
b. Determination with respect to the wearing of uniforms by medical personnel is made by the Bureau of Medical Services (MED).
14 FAM 444.2 Composition of Uniforms
(CT:LOG-222; 04-20-2017)
(State/USAID/Commerce/Agriculture)
Uniforms consist of articles of clothing that may include but are not limited to shoes, boots, hats, shirts, slacks, skirts, or outerwear, and of which may include appropriate insignia. The style, material, and color of the uniform (except for those furnished to medical personnel) should be determined by the PMO, bureau executive director, managing director, or workplace supervisor, RSO, and heads of agencies or their designees.
14 FAM 444.3 Maximum Uniform Allowable Cost Per Fiscal Year
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. The maximum amount allowable for uniforms for employees who are required to wear a uniform in the performance of their duties is $800 per fiscal year.
b. Although agencies have the authority to pay up to a maximum of $800 per fiscal year, it is not suggested that every employee who must wear a uniform receives the maximum rate per fiscal year.
c. Within this limitation, the PMO, bureau executive director, managing director, workplace supervisor and RSO, must establish a list of items to be furnished consistent with the employee’s duties and with factors of cleanliness, climatic conditions, local customs, and any other specialized uniform requirements, if appropriate. Such determinations should include initial supply levels and the conditions and frequency of replacements.
d. Due diligence must be exercised when purchasing such uniforms. Many uniforms are available under GSA Federal Supply Schedules at reasonable prices.
14 FAM 445 personal PROTECTIVE equipment and CLOTHING (PPE)
4 FAM 445.1 Payment for and Furnishing Personal Protective Equipment and Clothing
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. Many OSHA and NFPA standards require employers to provide PPE when necessary to protect employees from job related injuries, illnesses, and fatalities. These typically include hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets, welding goggles, face shields, chemical protective equipment and fall protection equipment.
b. PPE meeting OSHA requirements is provided at no cost. If an employee prefers an enhanced PPE (a higher grade/quality due to personal preference and not approved as medically necessary) and if the POSHO approves, the employee may be responsible for any additional associated costs above and beyond the original cost for equipment meeting OSHA/NFPA standards.
c. OSHA has noted several exceptions (noted below) where employees may pay for their own PPE. The overruling requirement is that employers must ensure the employees have the appropriate PPE while performing their required jobs. Exceptions to employer payment may include:
(1) Non-specialty safety-toe protective footwear and non-specialty prescription safety eyewear (29 CFR 1910.132(h)(2); 1915.152(f)(2); 1917.96(a); 1918.106(a); 1926.95(d)(2)): The regulatory text makes clear that employers are not required to pay for ordinary safety-toe footwear and ordinary prescription safety eyewear so long as the employer allows the employee to wear these items off the job site.
(2) Metatarsal protection: An employer is not required to pay for shoes with integrated metatarsal protection if the employer provides and pays for metatarsal guards that attach to the shoes.
(3) 29 CFR 1910.132(h)(4)(i)) exempts logging boots from the employer payment requirement. The logging standard does not require employers to pay for the logging boots required by 29 CRR 1910.266(d)(1)(v) but leaves the responsibility for payment open to employer and employee negotiation. It makes clear that logging boots will continue to be excepted from the employer payment rule everyday clothing (29 CFR 1910.132(h)(4)(ii); 29 CFR 1915.152(f); 29 CFR 1917.96(d)(1); 1918.106(d)(1); 1926.95(d)(4)(i)); and
(4) The regulation recognizes there are certain circumstances where long-sleeve shirts, long pants, street shoes, normal work boots, and other similar types of clothing could serve as PPE. When everyday clothing like this satisfies the PPE requirement, the employer is not required to pay for it. Similarly, employers are not required to pay for ordinary clothing used solely for protection from weather, such as winter coats, jackets, gloves, and parkas (29 CFR 1910.132(h)(4)(iii); 1915.152(f)(4)(ii); 1917.96(d)(2); 1918.106(d)(2); 1926.95(d)(4)(ii)). In the rare case that ordinary weather gear is not sufficient to protect the employee from unusually severe weather conditions and special equipment or extraordinary clothing is needed, the employer is required to pay for such protection. OSHA also notes that clothing used in artificially controlled environments with extreme hot or cold temperatures, such as freezers, are not considered part of the weather gear exception. Additionally, if there is significant potential for personal clothing to become soiled or damaged, or standard local clothing is insufficient, then the overseas post must provide clothing or otherwise protect the individual's personal clothing and prevent transport of contaminants outside the workplace.
d. OSHA requires that the employer pay for the replacement of PPE used to comply with OSHA standards (9 CFR 1910.132(h)(5); 1915.152(f)(5); 1917.96(e); 1918.106(e); 1926.95(d)(5)). When an employee has lost or intentionally damaged the employer-issued PPE, the employer is not required to pay for its replacement and may require the employee to cover the cost. Regardless, the employee cannot perform hazardous work without the appropriate PPE in suitable condition.
e. Furnishing PPE such as respirators, gloves, safety shoes, eye and head protection, and outer clothing is an integral part of the Department of State's safety and health strategy (15 FAM 900) for protecting employees engaged in hazardous activities and in accordance with various Occupational Safety and Health Administration (OSHA) standards (see 15 FAM 957.6 for additional guidance on PPE).
f. Furnishing PPE, where required, to guards and bodyguards for their protection against potentially dangerous chemical or biological agents is an integral part of the security operations at U.S. missions overseas (12 FAH-7).
14 FAM 445.2 Determination of Requirement to Wear Personal Protective Equipment and Clothing
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. State's policy and requirements for implementing overseas safety and health programs including those involving PPE is covered in 15 FAM 900.
b. For the requirements for a local guard program overseas, including the acquisition of PPE, are listed in 12 FAH-7.
c. State's regulations for implementing a domestic PPE program are available in the Domestic Environment and Safety Guide (PPE Program, Policy and Procedures for Conducting Workplace Hazard Assessments and Using PPE) contained on the Domestic Environmental and Safety Division (A/OPR/FMS/DESD) Intranet site.
14 FAM 446 CONTROL, CUSTODY, MAINTENANCE AND REPLACEMENT OF UNIFORMS, personal protective equipment and clothing
14 FAM 446.1 Control of Uniforms and Personal Protective Equipment and Clothing
(CT:LOG-368; 02-09-2023)
(State)
a. All uniforms and PPE issued to employees remain the property of the U.S. Government. They must only be used in connection with the employees' official duties.
b. PPE items are part of the Department's safety and health strategy, and in accordance with Occupational Safety and Health Administration (OSHA) (29 CFR 1910 and 29 CFR 1926), they are essential for protection against potential exposure to hazards in the work environment. PPE is not considered a uniform, and therefore not subject to 14 FAM 444.3 or any dollar limit in a single fiscal year. As with all personal property, the APO and workplace supervisors are responsible for the care, custody and safekeeping of PPE.
c. Nonexpendable PPE that meets the accountable property threshold and has been issued or loaned must be maintained within the ILMS Loanable Property module. Expendable PPE (for one-time or one-project use) should not be tracked within ILMS Loanable Property and is not required to be returned for future use. For example, an asbestos removal project may require inner and outer gloves, shoe coverings, and/or a full body suit that must be collected and disposed of as asbestos-contaminated materials.
14 FAM 446.2 Custody of Uniforms and Personal Protective Equipment and Clothing
(CT:LOG-368; 02-09-2023)
(State/USAID/Commerce/Agriculture)
a. Upon separation or transfer to duties not requiring uniforms, all such items must be turned in to the property management office, typically the accountable property officer (APO) or custodial officer, by the employee to whom they were issued within two days of the separation or transfer. All such items must be clean and in good repair when turned in except as otherwise required by OSHA or NFPA standards.
b. When seasonal uniforms are furnished, the APO, workplace supervisor, or designee should determine whether such uniforms are to be returned to storage during off-seasons or retained and stored by the employee.
14 FAM 446.3 Maintenance of Uniforms and Personal Protective Equipment and Clothing
(CT:LOG-368; 02-09-2023)
(State/USAID)
a. Employees to whom uniforms or reusable PPE are issued must assure that they are kept clean and in good repair at all times. If practicable, the uniform is worn only while the employee is at work. However, bureaus, offices, and posts may authorize employees to wear the uniform to and from home as necessary.
b. The cost of cleaning, repairing, or replacing uniforms and PPE if they become damaged, from other than normal wear and tear is considered a personal expense of the employee to whom they were issued except as otherwise required by OSHA or NFPA standards.
c. The custodial officer should arrange for storage of cleaned and repaired uniforms and reusable PPE turned in by the employee to whom the items were issued. Any article of uniform or PPE considered unusable through normal wear and tear or damage, should be reported for disposition in accordance with 14 FAH-1 H-700.
14 FAM 446.4 Replacement and Disposal of Uniforms and Personal Protective Equipment and Clothing
(CT:LOG-368; 02-09-2023)
(State/USAID)
a. Replacement or disposal of any item of uniform or reusable PPE is authorized after the APO or workplace supervisor is assured through physical inspection that the uniform or PPE is so worn or damaged and deemed unusable or ineffective.
b. Articles of uniforms or PPE to be replaced or disposed of are to be turned in to the property management office, typically the APO, or the custodial officer for reporting for disposition action by the property disposal officer except as otherwise required by OSHA standards. All such clothing items that need replacement or are no longer needed and have been identified for disposition, must be documented by completing Form DS-132, Property Disposal Authorization and Survey Report for State or Form AID-534-1, Personal Property Disposal Authorization and Report for USAID. Prior to signing Form DS-132, the APO should ensure complete descriptive information is provided and that the personal property is not needed by the bureau, office, or post. The form is then submitted to the property disposal officer to implement procedures for disposition of personal property as required by 14 FAH-1 H-700.
c. Damaged or missing uniforms or PPE will be processed in accordance with 14 FAM 416.5 to determine whether an employee is personally liable financially for damaged or missing U.S. Government personal property.
14 FAM 447 THROUGH 449 UNASSIGNED