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B-213993 1 (1984-03-06)

handle is hein.gao/gaobadloq0001 and id is 1 raw text is: THU COMPTROLLER GENERAL )-w OECIUION 1.. OP THE UNITED STATES WASHINGTON. 0. C. 20548 FILB: B-213993 DATE: March 6, 1984 MATTER OF: Purchase of Down-Filled Parkas DIGEST: 1. The Office of Surface Mining (OSM), Department of Interior may furnish down-filled parkas to employees temporarily assigned to Alaska or the high country of the Western States during the winter months under authority of section 19 of the Occupational Safety and Health Act of 1970 since it has been administratively determined that the parkas are required as personal protec- tive equipment for work to be performed under extreme weather conditions. 2. Purchase by the Office of Surface Mining (OSM), Department of Interior of down-filled parkas for employees temporarily assigned to Alaska or the high country of the Western States during the winter months is also authorized under 5 U.S.C. S 7903. The purchase meets the three-pronged test set forth in GAO decisions. The Assistant Director, Budget and Administration, Office of Surface Mining (OSM), Department of Interior, requests an advance decision on the legality of purchasing down-filled parkas for use by OSM employees in Alaska and the high country of the Western States during the winter. We find that OSM is authorized to purchase these parkas under section 19 of the Occupational Safety and Health Act of 1970 if it is administratively'determined that the parkas are required as personal protective equipment. Similarly, purchase of the parkas would be authorized by 5 U.S.C. S 7903 (1982), if they qualify as special clothing necessary for performance of an employee's assigned task. According to the information provided, the down-filled parkas would be used by employees, including inspectors and support personnel, called upon to conduct surface mine inspections as well as to respond to emergency mine slides and subsidences during winter months. These employees are assigned to work in Alaska or the high country of the

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