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B-229085 1 (1987-11-30)

handle is hein.gao/gaobadmxt0001 and id is 1 raw text is: 


OL;-ER     The Comptroller General
           of the United States
           Washington, D.C. 20548                           '
 UNIVI     Decision



                         Internal Revenue Service -- Purchase of Safety
           Matter of:   Shoes

           File:        B-229085

           Date:         November 30, 1987



              DIGEST

              Purchase of steel toe safety shoes by a District Office of
              the Internal Revenue Service (IRS) for a supply clerk whose
              work includes movement of heavy objects with various
              equipment is authorized under Section 19 of the Occupational
              Safety and Health Act (OSHA) of 1970, if such footwear is
              administratively determined to be necessary for safety
              reasons to protect the clerk from the possibility of foot
              injury. As a federal agency the IRS 'is subject to OSHA
              regulations and must satisfy standards set by-the Secretary
              of Labor for personal protective equipment.

              DECISION

              We have been asked by an authorized certifying officer of
              the Internal Revenue Service (IRS) for an advance decision
              on the legality of purchasing safety shoes for a supply
              clerk whose work includes moving heavy objects. For the
              reasons that follow, we find such payment is proper.

              On March 5, 1987, the IRS District Office in Des Moines,
              Iowa, purchased safety shoes with steel toes for use by the
              supply clerk. Work performed by the clerk involved moving
              heavy objects such as files, desks, and pallets using a
              variety of equipment--trucks, jacks, and dollies. It was
              administratively determined by the Chief, Facilities
              Management Branch (FMB) in Des Moines, that such shoes were
              necessary to protect the supply clerk from the real
              possibility of serious foot injury.

              As a federal agency, the IRS is subject to Section 19 of the
              Occupational Safety and Health Act of 1970 (OSHA), and must
              establish occupational safety and health programs consistent
              with standards promulgated by the Secretary of Labor.
              29 U.S.C. S 668 (1987). Under these standards, the general


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