[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Proposed Rules]
[Page 54658-54660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-20]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 54658]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 250
RIN 3206-AK77
Personnel Management In Agencies--Employee Surveys
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed
regulations concerning employee surveys required by the National
Defense Authorization Act for Fiscal Year 2004. The regulations will
add a new subpart which requires agencies to conduct an annual survey
of their employees. In addition, the proposed regulations provide a
list of questions that must appear in each agency's employee survey.
DATES: Comments must be received on or before October 17, 2005.
ADDRESSES: You may submit comments, identified by RIN number, by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: employ@opm.gov. Include ``RIN 3206-AK77, Employee
Surveys'' in the subject line of the message.
Fax: (202) 606-2329.
Mail: Mark Doboga, Deputy Associate Director for Talent
and Capacity Policy, U.S. Office of Personnel Management, Room 6551,
1900 E Street, NW., Washington, DC 20415-9700.
Hand Delivery/Courier: U.S. Office of Personnel
Management, Room 6551, 1900 E Street, NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: For information on the survey
questions, contact Nancy Kichak by phone on 202-606-0722, by FAX on
202-606-2922, or by e-mail at nancy.kichak@opm.gov. For all other
information, contact Hakeem Basheerud-Deen by phone on 202-606-1434, by
FAX on 202-606-2329, or by e-mail at hakeem.basheerud-deen@opm.gov. You
may contact Ms. Kichak and Mr. Basheerud-Deen by TTY on 202-418-3134.
SUPPLEMENTARY INFORMATION:
Requiring Annual Employee Surveys
Section 1128 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136, 5 U.S.C. 7101 note) requires each agency
to conduct an annual survey of its employees ``to assess--
(1) Leadership and management practices that contribute to agency
performance; and
(2) Employee satisfaction with--
(A) Leadership policies and practices;
(B) Work environment;
(C) Rewards and recognition for professional accomplishment and
personal contributions to achieving organizational mission;
(D) Opportunity for professional development and growth; and
(E) Opportunity to contribute to achieving organizational mission.
Prescribing Certain Survey Questions
The law requires OPM to ``issue regulations prescribing survey
questions that should appear on all agency surveys.'' In addition, the
law requires agencies to make the survey results available to the
public and post the results on their Web sites, unless the head of the
agency determines that doing so would jeopardize or negatively impact
national security.
To select the survey questions to prescribe in regulation, OPM
survey staff identified questions from the 2002 Federal Human Capital
Survey (FHCS) that meet one of the assessment requirements in law. OPM
survey staff subjected those questions to a regression analysis to
identify the questions with the highest correlation to leadership and
management practices or employee satisfaction.
As a second step, OPM survey staff independently listed major
components of human capital management and verified that OPM had
selected at least one question in each area. As a result, OPM added
questions that address security and performance appraisal.
Based on these considerations, staff applied judgment to pare the
list down to 24 questions. The recommended questions were presented at
a Chief Human Capital Officers Council meeting, as well as a meeting
with interested agency stakeholders and survey staff. Analysis of the
comments received resulted in the addition of one question and the
slight modification of several others. Finally, OPM survey staff
convened a panel of senior experts to review the list of questions. The
panel added three questions to improve coverage of human capital
management systems and to ensure the 28 questions selected comply with
the law.
The assessment requirements in law are restated below, with the
questions that meet each requirement identified by number in brackets
[].
(1) Leadership and management practices that contribute to agency
performance [5, 6, 7, 11, 12, 13, 17, 20]; and
(2) Employee satisfaction with [27];
(A) Leadership policies and practices [18, 19, 23, 25];
(B) Work environment [1, 10, 21, 22];
(C) Rewards and recognition for professional accomplishment and
personal contributions to achieving organizational mission[14, 15, 24,
28];
(D) Opportunity for professional development and growth [2, 16,
26]; and
(E) Opportunity to contribute to achieving organizational mission
[3, 4, 8, 9].
OPM may vary the composition of the survey questions from time to
time. The questions published in 5 CFR part 250, subpart C, will remain
valid until changed by OPM through the regulatory process. Agencies
should prepare and conduct surveys in accordance with professionally
accepted survey standards to: ensure results are of high quality (e.g.,
the agency uses a communication strategy to publicize the survey and
has determined an appropriate survey sample); the survey adequately
assesses employee satisfaction; and the processing protects respondent
confidentiality. The Government Accountability Office (GAO) publication
entitled ``Developing and Using Questionnaires'' (October 1993, GAO/
PEMD-10.1.7) provides guidance for agency use. OPM will provide
additional guidance to agencies on this topic.
Agency Discretion
Agencies retain discretion to decide who shall administer their
surveys, how
[[Page 54659]]
the information will be collected, and how the results will be made
available to the public and posted on their Web sites. Agencies may
contract with other agencies, including OPM, or other sources to
conduct surveys, but are not required to do so.
Agencies may add survey questions, change the order of the
questions, and ``reverse'' the order of responses, except for the ``Do
Not Know'' response option, which should remain last.
Using Agency Results
Survey results will be used to compare data over time and across
agencies. Further, the survey results will support the requirement that
OPM ``design a set of systems, including appropriate metrics, for
assessing the management of human capital by Federal agencies,'' as set
forth in 5 U.S.C. 1103(c). OPM is preparing proposed regulations
revising 5 CFR 250 to provide this design and appropriate metrics.
Data Collection
Data must be collected by December 31 of each calendar year. To
coordinate and encourage the timely availability of agency survey
results, OPM is establishing a date of no later than 120 days after an
agency completes survey administration each year for posting survey
results on agency Web sites, based on surveys conducted during that
calendar year. OPM expects to issue final regulations in early 2006.
Consequently, each agency will need to conduct its employee survey by
December 31 of each calendar year, beginning with calendar year 2006,
and post results no later than 120 days after survey administration is
complete, as noted in the regulation.
Relationship to Federal Human Capital Survey
In years when OPM administers the Federal Human Capital Survey
(FHCS), which will always include the survey questions prescribed in 5
CFR part 250, subpart C, it is anticipated agencies will choose to use
the FHCS to comply with the requirement to survey employees for that
calendar year. OPM ultimately expects to administer the FHCS in the
fall of even-numbered years and to offer services to support agencies
surveying their employees with the subpart C questions in the fall of
odd-numbered years. To achieve a systematic 12-month interval with
survey administrations ultimately accomplished each fall, and given the
fact that surveys using subpart C questions will not be conducted in
calendar year 2005, OPM plans to address the annual employee survey
requirement for 2006 by administering the next FHCS in late spring
2006. In 2007, agencies could administer the subpart C questions in the
fall. In future even-numbered calendar years, the FHCS would be
administered in the fall.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain Federal employees.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 250
Authority delegations (Government agencies), Government employees.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is proposing to amend 5 CFR part 250, as follows:
PART 250--PERSONNEL MANAGEMENT IN AGENCIES
1. The authority citation is revised to read as follows:
Authority: 5 U.S.C. 1101 note, 1103(a)(5), 1104, 1302, 3301,
3302, 7101 note; E.O. 13197, 66 FR 7853, 3 CFR 748 (2002); E.O.
10577, 12 FR 1259, 3 CFR, 1954-1958 Comp., p. 218.
2. Add subpart B to read as follows:
Subpart B--[Reserved]
3. Add subpart C to read as follows:
Subpart C--Employee Surveys
Sec.
250.301 Survey requirements.
250.302 Availability of results.
Subpart C--Employee Surveys
Sec. 250.301 Survey requirements.
(a) Each executive agency, as defined in 5 U.S.C. 105, must conduct
an annual survey of its employees containing each question in this
section.
(b) The 28 prescribed employee survey questions and response
choices are listed in the following table:
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Employee survey questions Employee response choices
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Personal Work Experiences
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(1) The people I work with cooperate to Strongly Agree, Agree, Neither
get the job done. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(2) I am given a real opportunity to Strongly Agree, Agree, Neither
improve my skills in my organization. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(3) My work gives me a feeling of Strongly Agree, Agree, Neither
personal accomplishment. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(4) I like the kind of work I do....... Strongly Agree, Agree, Neither
Agree Nor Disagree, Disagree,
or Strongly Disagree.
(5) Overall, how good a job do you feel Very Good, Good, Fair, Poor, or
is being done by your immediate Very Poor.
supervisor/team leader?
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Recruitment, Development & Retention
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(6) The workforce has the job-relevant Strongly Agree, Agree, Neither
knowledge and skills necessary to Agree Nor Disagree, Disagree,
accomplish organizational goals. Strongly Disagree, or Do Not
Know.
(7) My work unit is able to recruit Strongly Agree, Agree, Neither
people with the right skills. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(8) I know how my work relates to the Strongly Agree, Agree, Neither
agency's goals and priorities. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(9) The work I do is important......... Strongly Agree, Agree, Neither
Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
[[Page 54660]]
(10) Physical conditions (for example, Strongly Agree, Agree, Neither
noise level, temperature, lighting, Agree Nor Disagree, Disagree,
cleanliness in the workplace) allow Strongly Disagree, or Do Not
employees to perform their jobs well. Know.
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Performance Culture
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(11) Promotions in my work unit are Strongly Agree, Agree, Neither
based on merit. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(12) In my work unit, steps are taken Strongly Agree, Agree, Neither
to deal with a poor performer who Agree Nor Disagree, Disagree,
cannot or will not improve. Strongly Disagree, or Do Not
Know.
(13) Creativity and innovation are Strongly Agree, Agree, Neither
rewarded. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(14) In my work unit, differences in Strongly Agree, Agree, Neither
performance are recognized in a Agree Nor Disagree, Disagree,
meaningful way. Strongly Disagree, or Do Not
Know.
(15) My performance appraisal is a fair Strongly Agree, Agree, Neither
reflection of my performance Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(16) Discussions with my supervisor/ Strongly Agree, Agree, Neither
team leader about my performance are Agree Nor Disagree, Disagree,
worthwhile. Strongly Disagree, or Do Not
Know.
(17) Managers/supervisors/team leaders Strongly Agree, Agree, Neither
work well with employees of different Agree Nor Disagree, Disagree,
backgrounds. Strongly Disagree, or Do Not
Know.
----------------------------------------
Leadership
------------------------------------------------------------------------
(18) I have a high level of respect for Strongly Agree, Agree, Neither
my organization's senior leaders. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(19) In my organization, leaders Strongly Agree, Agree, Neither
generate high levels of motivation and Agree Nor Disagree, Disagree,
commitment in the workforce. Strongly Disagree, or Do Not
Know.
(20) Managers review and evaluate the Strongly Agree, Agree, Neither
organization's progress toward meeting Agree Nor Disagree, Disagree,
its goals and objectives. Strongly Disagree, or Do Not
Know.
(21) Employees are protected from Strongly Agree, Agree, Neither
health and safety hazards on the job. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(22) My organization has prepared Strongly Agree, Agree, Neither
employees for potential safety and Agree Nor Disagree, Disagree,
security threats. Strongly Disagree, or Do Not
Know.
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Job Satisfaction
------------------------------------------------------------------------
(23) How satisfied are you with your Very Satisfied, Satisfied,
involvement in decisions that affect Neither Satisfied Nor
your work? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(24) How satisfied are you with the Very Satisfied, Satisfied,
recognition you receive for doing a Neither Satisfied Nor
good job? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(25) How satisfied are you with the Very Satisfied, Satisfied,
policies and practices of your senior Neither Satisfied Nor
leaders? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(26) How satisfied are you with the Very Satisfied, Satisfied,
training you receive for your present Neither Satisfied Nor
job? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(27) Considering everything, how Very Satisfied, Satisfied,
satisfied are you with your job? Neither Satisfied Nor
Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(28) Considering everything, how Very Satisfied, Satisfied,
satisfied are you with your pay? Neither Satisfied Nor
Dissatisfied, Dissatisfied, or
Very Dissatisfied.
------------------------------------------------------------------------
Sec. 250.302 Availability of results.
(a) Each agency will make the results of its annual survey
available to the public and post the results on its Web site, unless
the agency head determines that doing so would jeopardize or negatively
impact national security. The posted survey results will include the
following:
(1) The agency's evaluation of its survey results;
(2) How the survey was conducted;
(3) Description of the employee sample, unless all employees are
surveyed;
(4) The survey questions and response choices with the prescribed
questions identified;
(5) The number of employees surveyed and number of survey
respondents; and
(6) The number of respondents for each survey question and each
response choice.
(b) Data must be collected by December 31 of each calendar year.
Each agency must post the beginning and ending dates of its employees
survey and either the survey results described in paragraph (a) or a
statement noting the decision not to post no later than 120 days after
the agency completes survey administration. OPM may extend this date in
unusual circumstances.
(c) Each agency must submit its survey results to OPM no later than
120 days after the agency completes survey administration.
[FR Doc. 05-18374 Filed 9-15-05; 8:45 am]
BILLING CODE 6325-39-M