US (United States) Code. Title 40. Subtitle II. Part A. Chapter 37: Contract work hours and safety standars

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public buildings, property and works

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-CITE-

40 USC CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY

STANDARDS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-MISC1-

Sec.

3701. Definition and application.

3702. Work hours.

3703. Report of violations and withholding of amounts for

unpaid wages and liquidated damages.

3704. Health and safety standards in building trades and

construction industry.

3705. Safety programs.

3706. Limitations, variations, tolerances, and exemptions.

3707. Contractor certification or contract clause in

acquisition of commercial items not required.

3708. Criminal penalties.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 39 section 410.

-End-

-CITE-

40 USC Sec. 3701 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3701. Definition and application

-STATUTE-

(a) Definition. - In this chapter, the term "Federal Government"

has the same meaning that the term "United States" had in the

Contract Work Hours and Safety Standards Act (Public Law 87-581, 76

Stat. 357).

(b) Application. -

(1) Contracts. - This chapter applies to -

(A) any contract that may require or involve the employment

of laborers or mechanics on a public work of the Federal

Government, a territory of the United States, or the District

of Columbia; and

(B) any other contract that may require or involve the

employment of laborers or mechanics if the contract is one -

(i) to which the Government, an agency or instrumentality

of the Government, a territory, or the District of Columbia

is a party;

(ii) which is made for or on behalf of the Government, an

agency or instrumentality, a territory, or the District of

Columbia; or

(iii) which is a contract for work financed at least in

part by loans or grants from, or loans insured or guaranteed

by, the Government or an agency or instrumentality under any

federal law providing wage standards for the work.

(2) Laborers and mechanics. - This chapter applies to all

laborers and mechanics employed by a contractor or subcontractor

in the performance of any part of the work under the contract -

(A) including watchmen, guards, and workers performing

services in connection with dredging or rock excavation in any

river or harbor of the United States, a territory, or the

District of Columbia; but

(B) not including an employee employed as a seaman.

(3) Exceptions. -

(A) This chapter. - This chapter does not apply to -

(i) a contract for -

(I) transportation by land, air, or water;

(II) the transmission of intelligence; or

(III) the purchase of supplies or materials or articles

ordinarily available in the open market;

(ii) any work required to be done in accordance with the

provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.);

and

(iii) a contract in an amount that is not greater than

$100,000.

(B) Section 3902 (!1). - Section 3902 (!1) of this title does

not apply to work where the assistance described in subsection

(a)(2)(C) (!2) from the Government or an agency or

instrumentality is only a loan guarantee or insurance.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1169.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3701(a) (no source).

3701(b)(1) 40:329(a) (1st Pub. L. 87-581, title I,

sentence less Sec. 103(a), (b), Aug. 13,

proviso). 1962, 76 Stat. 358.

3701(b)(2) 40:329(a) (last

sentence).

3701(b)(3) 40:329(b).

(A)(i),

(ii)

3701(b)(3) 40:329(c). Pub. L. 87-581, title I,

(A)(iii) Sec. 103(c), as added Pub.

L. 103-355, title IV, Sec.

4104(c)(1), Oct. 13, 1994,

108 Stat. 3342.

3701(b)(3)( 40:329(a) (1st

B) sentence proviso).

--------------------------------------------------------------------

Subsection (a) is added for clarity.

In subsection (b)(1), before clause (A), the words "except as

otherwise provided" are omitted as unnecessary.

In subsection (b)(2), before clause (A), the words "Except as

otherwise expressly provided" are omitted as unnecessary.

In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are

substituted for ["]Walsh-Healey Public Contracts Act" to use the

correct short title of the Act.

-REFTEXT-

REFERENCES IN TEXT

The Contract Work Hours and Safety Standards Act, referred to in

subsec. (a), is title I of Pub. L. 87-581, Aug. 13, 1962, 76 Stat.

357, as amended, which was classified generally to subchapter II

(Sec. 327 et seq.) of chapter 5 of former Title 40, Public

Buildings, Property, and Works, prior to repeal and reenactment as

this chapter by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304. Section 101 of title I of Pub. L. 87-581 was

classified to section 327 of former Title 40 and was repealed and

not reenacted by Pub. L. 107-217. For complete classification of

this Act to the Code, see Tables.

The Walsh-Healey Act, referred to in subsec. (b)(3)(A)(ii), is

act June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is

classified generally to sections 35 to 45 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Short Title note set out under section 35 of Title 41 and Tables.

See also section 262 of Title 29, Labor.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3702, 3703, 3704 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "Section 3702".

(!2) So in original. Probably should be "subsection

(b)(1)(B)(iii)".

-End-

-CITE-

40 USC Sec. 3702 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3702. Work hours

-STATUTE-

(a) Standard Workweek. - The wages of every laborer and mechanic

employed by any contractor or subcontractor in the performance of

work on a contract described in section 3701 of this title shall be

computed on the basis of a standard workweek of 40 hours. Work in

excess of the standard workweek is permitted subject to this

section. For each workweek in which the laborer or mechanic is so

employed, wages include compensation, at a rate not less than one

and one-half times the basic rate of pay, for all hours worked in

excess of 40 hours in the workweek.

(b) Contract Requirements. - A contract described in section 3701

of this title, and any obligation of the Federal Government, a

territory of the United States, or the District of Columbia in

connection with that contract, must provide that -

(1) a contractor or subcontractor contracting for any part of

the contract work which may require or involve the employment of

laborers or mechanics shall not require or permit any laborer or

mechanic, in any workweek in which the laborer or mechanic is

employed on that work, to work more than 40 hours in that

workweek, except as provided in this chapter; and

(2) when a violation of clause (1) occurs, the contractor and

any subcontractor responsible for the violation are liable -

(A) to the affected employee for the employee's unpaid wages;

and

(B) to the Government, the District of Columbia, or a

territory for liquidated damages as provided in the contract.

(c) Liquidated Damages. - Liquidated damages under subsection

(b)(2)(B) shall be computed for each individual employed as a

laborer or mechanic in violation of this chapter and shall be equal

to $10 for each calendar day on which the individual was required

or permitted to work in excess of the standard workweek without

payment of the overtime wages required by this chapter.

(d) Amounts Withheld to Satisfy Liabilities. - Subject to section

3703 of this title, the governmental agency for which the contract

work is done or which is providing financial assistance for the

work may withhold, or have withheld, from money payable because of

work performed by a contractor or subcontractor, amounts

administratively determined to be necessary to satisfy the

liabilities of the contractor or subcontractor for unpaid wages and

liquidated damages as provided in this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1169.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3702(a) 40:328(a). Pub. L. 87-581, title I,

Sec. 102, Aug. 13, 1962, 76

Stat. 357; Pub. L. 99-145,

title XII, Sec. 1241(a),

Nov. 8, 1985, 99 Stat. 734.

3702(b) 40:328(b) (words

before (1)), (1),

(2) (1st sentence).

3702(c) 40:328(b)(2) (2d

sentence).

3702(d) 40:328(b)(2) (last

sentence).

--------------------------------------------------------------------

In subsection (a). the words "Notwithstanding any other provision

of law" are omitted as unnecessary.

-End-

-CITE-

40 USC Sec. 3703 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3703. Report of violations and withholding of amounts for

unpaid wages and liquidated damages

-STATUTE-

(a) Reports of Inspectors. - An officer or individual designated

as an inspector of the work to be performed under a contract

described in section 3701 of this title, or to aid in the

enforcement or fulfillment of the contract, on observation or after

investigation immediately shall report to the proper officer of the

Federal Government, a territory of the United States, or the

District of Columbia all violations of this chapter occurring in

the performance of the work, together with the name of each laborer

or mechanic who was required or permitted to work in violation of

this chapter and the day the violation occurred.

(b) Withholding Amounts. -

(1) Determining amount. - The amount of unpaid wages and

liquidated damages owing under this chapter shall be determined

administratively.

(2) Amount directed to be withheld. - The officer or individual

whose duty it is to approve the payment of money by the

Government, territory, or District of Columbia in connection with

the performance of the contract work shall direct the amount of -

(A) liquidated damages to be withheld for the use and benefit

of the Government, territory, or District; and

(B) unpaid wages to be withheld for the use and benefit of

the laborers and mechanics who were not compensated as required

under this chapter.

(3) Payment. - The Comptroller General shall pay the amount

administratively determined to be due directly to the laborers

and mechanics from amounts withheld on account of underpayments

of wages if the amount withheld is adequate. If the amount

withheld is not adequate, the Comptroller General shall pay an

equitable proportion of the amount due.

(c) Right of Action and Intervention Against Contractors and

Sureties. - If the accrued payments withheld under the terms of the

contract are insufficient to reimburse all the laborers and

mechanics who have not been paid the wages required under this

chapter, the laborers and mechanics, in the case of a department or

agency of the Government, have the same right of action and

intervention against the contractor and the contractor's sureties

as is conferred by law on persons furnishing labor or materials. In

those proceedings it is not a defense that the laborers and

mechanics accepted or agreed to accept less than the required rate

of wages or voluntarily made refunds.

(d) Review Process. -

(1) Time limit for appeal. - Within 60 days after an amount is

withheld as liquidated damages, any contractor or subcontractor

aggrieved by the withholding may appeal to the head of the agency

of the Government or territory for which the contract work is

done or which is providing financial assistance for the work, or

to the Mayor of the District of Columbia in the case of

liquidated damages withheld for the use and benefit of the

District.

(2) Review by agency head or mayor. - The agency head or Mayor

may review the administrative determination of liquidated

damages. The agency head or Mayor may issue a final order

affirming the determination or may recommend to the Secretary of

Labor that an appropriate adjustment in liquidated damages be

made, or that the contractor or subcontractor be relieved of

liability for the liquidated damages, if it is found that the

amount is incorrect or that the contractor or subcontractor

violated this chapter inadvertently, notwithstanding the exercise

of due care by the contractor or subcontractor and the agents of

the contractor or subcontractor.

(3) Review by secretary. - The Secretary shall review all

pertinent facts in the matter and may conduct any investigation

the Secretary considers necessary in order to affirm or reject

the recommendation. The decision of the Secretary is final.

(4) Judicial action. - A contractor or subcontractor aggrieved

by a final order for the withholding of liquidated damages may

file a claim in the United States Court of Federal Claims within

60 days after the final order. A final order of the agency head,

Mayor, or Secretary is conclusive with respect to findings of

fact if supported by substantial evidence.

(e) Applicability of Other Laws. -

(1) Reorganization plan. - Reorganization Plan Numbered 14 of

1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.

(2) Section 3145. - Section 3145 of this title applies to

contractors and subcontractors referred to in section 3145 who

are engaged in the performance of contracts subject to this

chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1170.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3703(a) 40:330(a) (1st Pub. L. 87-581, title I,

sentence). Sec. 104, Aug. 13, 1962, 76

Stat. 358; Pub. L. 97-164,

title I, Sec. 160(a)(13),

Apr. 2, 1982, 96 Stat. 48.

3703(b) 40:330(a) (2d, last

sentences).

3703(c) 40:330(b).

3703(d) 40:330(c).

3703(e) 40:330(d).

--------------------------------------------------------------------

In subsection (a), the words "or possession" are omitted for

consistency in this chapter. The words "or days" are omitted

because of 1:1.

In subsection (c), the word "Mayor" is substituted for

"Commissioners" [meaning the Board of Commissioners of the District

of Columbia] [subsequently changed to "Commissioner" (meaning the

Commissioner of the District of Columbia) because of section 401 of

Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.

951)] because of section 421 of the District of Columbia Home Rule

Act (Public Law 93-198, 87 Stat. 789).

In subsection (d)(4), the words "United States Court of Federal

Claims" are substituted for "United States Claims Court" because of

section 902(b)(1) of the Federal Courts Administration Act of 1992

(Public Law 102-572, 106 Stat. 4516).

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(e)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R.

3176, 64 Stat. 1267, which is set out in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3702, 3704 of this title;

title 28 section 1499.

-End-

-CITE-

40 USC Sec. 3704 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3704. Health and safety standards in building trades and

construction industry

-STATUTE-

(a) Condition of Contracts. -

(1) In general. - Each contract in an amount greater than

$100,000 that is entered into under legislation subject to

Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64

Stat. 1267) and is for construction, alteration, and repair,

including painting and decorating, must provide that no

contractor or subcontractor contracting for any part of the

contract work shall require any laborer or mechanic employed in

the performance of the contract to work in surroundings or under

working conditions that are unsanitary, hazardous, or dangerous

to health or safety, as established under construction safety and

health standards the Secretary of Labor prescribes by regulation

based on proceedings pursuant to section 553 of title 5, provided

that the proceedings include a hearing similar in nature to that

authorized by section 553.

(2) Consultation. - In formulating standards under this

section, the Secretary shall consult with the Advisory Committee

created by subsection (d) of this section.

(b) Compliance. -

(1) Actions to gain compliance. - The Secretary may make

inspections, hold hearings, issue orders, and make decisions

based on findings of fact as the Secretary considers necessary to

gain compliance with this section and any health and safety

standard the Secretary prescribes under subsection (a). For those

purposes the Secretary and the United States district courts have

the authority and jurisdiction provided by sections 4 and 5 of

the Walsh-Healey Act (41 U.S.C. 38, 39).

(2) Remedy when noncompliance found. - When the Secretary,

after an opportunity for an adjudicatory hearing by the

Secretary, establishes noncompliance under this section of any

condition of a contract described in -

(A) section 3701(b)(1)(B)(i) or (ii) of this title, the

governmental agency for which the contract work is done may

cancel the contract and make other contracts for the completion

of the contract work, charging any additional cost to the

original contractor; or

(B) section 3701(b)(1)(B)(iii) of this title, the

governmental agency which is providing the financial guarantee,

assistance, or insurance for the contract work may withhold the

guarantee, assistance, or insurance attributable to the

performance of the contract.

(3) Nonapplicability. - Section 3703 of this title does not

apply to the enforcement of this section.

(c) Repeated Violations. -

(1) Transmittal of names of repeat violators to comptroller

general. - When the Secretary, after an opportunity for an agency

hearing, decides on the record that, by repeated willful or

grossly negligent violations of this chapter, a contractor or

subcontractor has demonstrated that subsection (b) is not

effective to protect the safety and health of the employees of

the contractor or subcontractor, the Secretary shall make a

finding to that effect and, not sooner than 30 days after giving

notice of the finding to all interested persons, shall transmit

the name of the contractor or subcontractor to the Comptroller

General.

(2) Ban on awarding contracts. - The Comptroller General shall

distribute each name transmitted under paragraph (1) to all

agencies of the Federal Government. Unless the Secretary

otherwise recommends, the contractor, subcontractor, or any

person in which the contractor or subcontractor has a substantial

interest may not be awarded a contract subject to this section

until three years have elapsed from the date the name is

transmitted to the Comptroller General. The Secretary shall

terminate the ban if, before the end of the three-year period,

the Secretary, after affording interested persons due notice and

an opportunity for a hearing, is satisfied that a contractor or

subcontractor whose name was transmitted to the Comptroller

General will comply responsibly with the requirements of this

section. The Comptroller General shall inform all Government

agencies after being informed of the Secretary's action.

(3) Judicial review. - A person aggrieved by the Secretary's

action under this subsection or subsection (b) may file with the

appropriate United States court of appeals a petition for review

of the Secretary's action within 60 days after receiving notice

of the Secretary's action. The clerk of the court immediately

shall send a copy of the petition to the Secretary. The Secretary

then shall file with the court the record on which the action is

based. The findings of fact by the Secretary, if supported by

substantial evidence, are final. The court may enter a decree

enforcing, modifying, modifying and enforcing, or setting aside

any part of, the order of the Secretary or the appropriate

Government agency. The judgment of the court may be reviewed by

the Supreme Court as provided in section 1254 of title 28.

(d) Advisory Committee on Construction Safety and Health. -

(1) Establishment. - There is an Advisory Committee on

Construction Safety and Health in the Department of Labor.

(2) Composition. - The Committee is composed of nine members

appointed by the Secretary, without regard to chapter 33 of title

5, as follows:

(A) Three members shall be individuals representative of

contractors to whom this section applies.

(B) Three members shall be individuals representative of

employees primarily in the building trades and construction

industry engaged in carrying out contracts to which this

section applies.

(C) Three members shall be public representatives who shall

be selected on the basis of their professional and technical

competence and experience in the construction health and safety

field.

(3) Chairman. - The Secretary shall appoint one member as

Chairman.

(4) Duties. - The Committee shall advise the Secretary -

(A) in formulating construction safety and health standards

and other regulations; and

(B) on policy matters arising in carrying out this section.

(5) Experts and consultants. - The Secretary may appoint

special advisory and technical experts or consultants as may be

necessary to carry out the functions of the Committee.

(6) Compensation and expenses. - Committee members are entitled

to receive compensation at rates the Secretary fixes, but not

more than $100 a day, including traveltime, when performing

Committee business, and expenses under section 5703 of title 5.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1172.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3704(a) 40:333(a). Pub. L. 87-581, title I,

Sec. 107(a)-(e), as added

Pub. L. 91-54, Sec. 1, Aug.

9, 1969, 83 Stat. 96; Pub.

L. 103-355, title IV, Sec.

4104(c)(2), Oct. 13, 1994,

108 Stat. 3342.

3704(b) 40:333(b), (c).

3704(c) 40:333(d).

3704(d) 40:333(e).

--------------------------------------------------------------------

In subsection (a)(1), the words "in an amount greater than

$100,000" are substituted for "(other than a contract referred to

in section 329(c) of this title)" for clarity.

In subsection (b), the text of 40:333(c) is omitted as

unnecessary because the district courts have jurisdiction on all

civil actions involving a federal question since the requirement of

a threshold amount in controversy was deleted. In paragraph (2)(B),

the words "guarantee" and "insurance" are added for consistency in

this section and with section 3701(b)(1)(B)(iii) of the revised

title.

In subsection (c)(2), the words "The Secretary shall end the ban"

are substituted for "he [sic] shall terminate the application of

the preceding sentence to such contractor or subcontractor (and to

any person in which the contractor or subcontractor has a

substantial interest)" for clarity and to eliminate unnecessary

words. The word "thereafter" is omitted as unnecessary.

In subsection (c)(3), the words "as provided in section 2112 of

title 28", "make and", and "upon certiorari or certification" are

omitted as unnecessary.

In subsection (d)(2), before clause (A), the words "chapter 33 of

title 5" are substituted for "the civil service laws" because of

section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80

Stat. 631), the first section of which enacted Title 5, United

States Code.

In subsection (d)(6), the words "expenses under section 5703 of

title 5" are substituted for 40:333(e)(3)(words after semicolon) to

eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(a)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R.

3176, 64 Stat. 1267, which is set out in the Appendix to Title 5,

Government Organization and Employees.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 24312.

-End-

-CITE-

40 USC Sec. 3705 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3705. Safety programs

-STATUTE-

The Secretary of Labor shall -

(1) provide for the establishment and supervision of programs

for the education and training of employers and employees in the

recognition, avoidance, and prevention of unsafe working

conditions in employment covered by this chapter; and

(2) collect reports and data and consult with and advise

employers as to the best means of preventing injuries.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3705 40:333(f). Pub. L. 87-581, title I,

Sec. 107(f), as added Pub.

L. 91-54, Sec. 1, Aug. 9,

1969, 83 Stat. 98.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 3706 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3706. Limitations, variations, tolerances, and exemptions

-STATUTE-

The Secretary of Labor may provide reasonable limitations to, and

may prescribe regulations allowing reasonable variations to,

tolerances from, and exemptions from, this chapter that the

Secretary may find necessary and proper in the public interest to

prevent injustice or undue hardship or to avoid serious impairment

of the conduct of Federal Government business.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3706 40:331. Pub. L. 87-581, title I,

Sec. 105, Aug. 13, 1962, 76

Stat. 359.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 3707 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3707. Contractor certification or contract clause in

acquisition of commercial items not required

-STATUTE-

In a contract to acquire a commercial item (as defined in section

4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)),

a certification by a contractor or a contract clause may not be

required to implement a prohibition or requirement in this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3707 40:334. Pub. L. 87-581, title I,

Sec. 108, as added Pub. L.

103-355, title VIII, Sec.

8301(b), Oct. 13, 1994, 108

Stat. 3396.

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-End-

-CITE-

40 USC Sec. 3708 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-

Sec. 3708. Criminal penalties

-STATUTE-

A contractor or subcontractor having a duty to employ, direct, or

control a laborer or mechanic employed in the performance of work

contemplated by a contract to which this chapter applies that

intentionally violates this chapter shall be fined under title 18,

imprisoned for not more than six months, or both.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3708 40:332. Pub. L. 87-581, title I,

Sec. 106, Aug. 13, 1962, 76

Stat. 359.

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The words "shall be fined under title 18" are substituted for

"shall be deemed guilty of a misdemeanor, and for each and every

such offense shall, upon conviction, be punished by a fine of not

to exceed $1,000" for consistency with chapter 227 of title 18. The

words "in the discretion of the court having jurisdiction thereof"

are omitted as unnecessary.

-End-

-CITE-

40 USC PART B - UNITED STATES CAPITOL 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART B - UNITED STATES CAPITOL

-HEAD-

PART B - UNITED STATES CAPITOL

-End-