-CITE-

29 USC CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-MISC1-

Sec.

651. Congressional statement of findings and declaration of

purpose and policy.

652. Definitions.

653. Geographic applicability; judicial enforcement;

applicability to existing standards; report to

Congress on duplication and coordination of Federal

laws; workmen's compensation law or common law or

statutory rights, duties, or liabilities of employers

and employees unaffected.

654. Duties of employers and employees.

655. Standards.

(a) Promulgation by Secretary of national consensus

standards and established Federal standards;

time for promulgation; conflicting standards.

(b) Procedure for promulgation, modification, or

revocation of standards.

(c) Emergency temporary standards.

(d) Variances from standards; procedure.

(e) Statement of reasons for Secretary's

determinations; publication in Federal

Register.

(f) Judicial review.

(g) Priority for establishment of standards.

656. Administration.

(a) National Advisory Committee on Occupational

Safety and Health; establishment; membership;

appointment; Chairman; functions; meetings;

compensation; secretarial and clerical

personnel.

(b) Advisory committees; appointment; duties;

membership; compensation; reimbursement to

member's employer; meetings; availability of

records; conflict of interest.

(c) Use of services, facilities, and personnel of

Federal, State, and local agencies;

reimbursement; employment of experts and

consultants or organizations; renewal of

contracts; compensation; travel expenses.

657. Inspections, investigations, and recordkeeping.

(a) Authority of Secretary to enter, inspect, and

investigate places of employment; time and

manner.

(b) Attendance and testimony of witnesses and

production of evidence; enforcement of

subpoena.

(c) Maintenance, preservation, and availability of

records; issuance of regulations; scope of

records; periodic inspections by employer;

posting of notices by employer; notification

of employee of corrective action.

(d) Obtaining of information.

(e) Employer and authorized employee

representatives to accompany Secretary or his

authorized representative on inspection of

workplace; consultation with employees where

no authorized employee representative is

present.

(f) Request for inspection by employees or

representative of employees; grounds;

procedure; determination of request;

notification of Secretary or representative

prior to or during any inspection of

violations; procedure for review of refusal by

representative of Secretary to issue citation

for alleged violations.

(g) Compilation, analysis, and publication of

reports and information; rules and

regulations.

(h) Use of results of enforcement activities.

658. Citations.

(a) Authority to issue; grounds; contents; notice

in lieu of citation for de minimis violations.

(b) Posting.

(c) Time for issuance.

659. Enforcement procedures.

(a) Notification of employer of proposed assessment

of penalty subsequent to issuance of citation;

time for notification of Secretary by employer

of contest by employer of citation or proposed

assessment; citation and proposed assessment

as final order upon failure of employer to

notify of contest and failure of employees to

file notice.

(b) Notification of employer of failure to correct

in allotted time period violation for which

citation was issued and proposed assessment of

penalty for failure to correct; time for

notification of Secretary by employer of

contest by employer of notification of failure

to correct or proposed assessment;

notification or proposed assessment as final

order upon failure of employer to notify of

contest.

(c) Advisement of Commission by Secretary of

notification of contest by employer of

citation or notification or of filing of

notice by any employee or representative of

employees; hearing by Commission; orders of

Commission and Secretary; rules of procedure.

660. Judicial review.

(a) Filing of petition by persons adversely

affected or aggrieved; orders subject to

review; jurisdiction; venue; procedure;

conclusiveness of record and findings of

Commission; appropriate relief; finality of

judgment.

(b) Filing of petition by Secretary; orders subject

to review; jurisdiction; venue; procedure;

conclusiveness of record and findings of

Commission; enforcement of orders; contempt

proceedings.

(c) Discharge or discrimination against employee

for exercise of rights under this chapter;

prohibition; procedure for relief.

661. Occupational Safety and Health Review Commission.

(a) Establishment; membership; appointment;

Chairman.

(b) Terms of office; removal by President.

(c) Omitted.

(d) Principal office; hearings or other proceedings

at other places.

(e) Functions and duties of Chairman; appointment

and compensation of administrative law judges

and other employees.

(f) Quorum; official action.

(g) Hearings and records open to public;

promulgation of rules; applicability of

Federal Rules of Civil Procedure.

(h) Depositions and production of documentary

evidence; fees.

(i) Investigatory powers.

(j) Administrative law judges; determinations;

report as final order of Commission.

(k) Appointment and compensation of administrative

law judges.

662. Injunction proceedings.

(a) Petition by Secretary to restrain imminent

dangers; scope of order.

(b) Appropriate injunctive relief or temporary

restraining order pending outcome of

enforcement proceeding; applicability of Rule

65 of Federal Rules of Civil Procedure.

(c) Notification of affected employees and

employers by inspector of danger and of

recommendation to Secretary to seek relief.

(d) Failure of Secretary to seek relief; writ of

mandamus.

663. Representation in civil litigation.

664. Disclosure of trade secrets; protective orders.

665. Variations, tolerances, and exemptions from required

provisions; procedure; duration.

666. Civil and criminal penalties.

(a) Willful or repeated violation.

(b) Citation for serious violation.

(c) Citation for violation determined not serious.

(d) Failure to correct violation.

(e) Willful violation causing death to employee.

(f) Giving advance notice of inspection.

(g) False statements, representations or

certification.

(h) Omitted.

(i) Violation of posting requirements.

(j) Authority of Commission to assess civil

penalties.

(k) Determination of serious violation.

(l) Procedure for payment of civil penalties.

667. State jurisdiction and plans.

(a) Assertion of State standards in absence of

applicable Federal standards.

(b) Submission of State plan for development and

enforcement of State standards to preempt

applicable Federal standards.

(c) Conditions for approval of plan.

(d) Rejection of plan; notice and opportunity for

hearing.

(e) Discretion of Secretary to exercise authority

over comparable standards subsequent to

approval of State plan; duration; retention of

jurisdiction by Secretary upon determination

of enforcement of plan by State.

(f) Continuing evaluation by Secretary of State

enforcement of approved plan; withdrawal of

approval of plan by Secretary; grounds;

procedure; conditions for retention of

jurisdiction by State.

(g) Judicial review of Secretary's withdrawal of

approval or rejection of plan; jurisdiction;

venue; procedure; appropriate relief; finality

of judgment.

(h) Temporary enforcement of State standards.

668. Programs of Federal agencies.

(a) Establishment, development, and maintenance by

head of each Federal agency.

(b) Report by Secretary to President.

(c) Omitted.

(d) Access by Secretary to records and reports

required of agencies.

669. Research and related activities.

(a) Authority of Secretary of Health and Human

Services to conduct research, experiments, and

demonstrations, develop plans, establish

criteria, promulgate regulations, authorize

programs, and publish results and industrywide

studies; consultations.

(b) Authority of Secretary of Health and Human

Services to make inspections and question

employers and employees.

(c) Contracting authority of Secretary of Labor;

cooperation between Secretary of Labor and

Secretary of Health and Human Services.

(d) Dissemination of information to interested

parties.

(e) Delegation of functions of Secretary of Health

and Human Services to Director of the National

Institute for Occupational Safety and Health.

669a. Expanded research on worker health and safety.

670. Training and employee education.

(a) Authority of Secretary of Health and Human

Services to conduct education and

informational programs; consultations.

(b) Authority of Secretary of Labor to conduct

short-term training of personnel.

(c) Authority of Secretary of Labor to establish

and supervise education and training programs

and consult and advise interested parties.

(d) Compliance assistance program.

671. National Institute for Occupational Safety and Health.

(a) Statement of purpose.

(b) Establishment; Director; appointment; term.

(c) Development and establishment of standards;

performance of functions of Secretary of

Health and Human Services.

(d) Authority of Director.

(e) Additional authority of Director.

(f) Annual reports.

(g) Lead-based paint activities.

671a. Workers' family protection.

(a) Short title.

(b) Findings and purpose.

(c) Evaluation of employee transported contaminant

releases.

(d) Regulations.

(e) Authorization of appropriations.

672. Grants to States.

(a) Designation of State agency to assist State in

identifying State needs and responsibilities

and in developing State plans.

(b) Experimental and demonstration projects.

(c) Designation by Governor of appropriate State

agency for receipt of grant.

(d) Submission of application.

(e) Approval or rejection of application.

(f) Federal share.

(g) Administration and enforcement of programs

contained in approved State plans; Federal

share.

(h) Report to President and Congress.

673. Statistics.

(a) Development and maintenance of program of

collection, compilation, and analysis;

employments subject to coverage; scope.

(b) Authority of Secretary to promote, encourage,

or engage in programs, make grants, and grant

or contract for research and investigations.

(c) Federal share for grants.

(d) Utilization by Secretary of State or local

services, facilities, and employees; consent;

reimbursement.

(e) Reports by employers.

(f) Supersedure of agreements between Department of

Labor and States for collection of statistics.

674. Audit of grant recipient; maintenance of records;

contents of records; access to books, etc.

675. Annual reports by Secretary of Labor and Secretary of

Health and Human Services; contents.

676. Omitted.

677. Separability.

678. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 671a of this title; title

2 sections 1302, 1341, 1371, 1434; title 3 sections 402, 425; title

15 sections 2080, 2603; title 25 section 450m; title 30 section

951; title 31 section 1105; title 39 sections 404, 415, 3622; title

42 sections 280b-1, 300ee-2, 2297h-13, 4853a, 6971, 7412, 11021,

11022.

-End-

-CITE-

29 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 651. Congressional statement of findings and declaration of

purpose and policy

-STATUTE-

(a) The Congress finds that personal injuries and illnesses

arising out of work situations impose a substantial burden upon,

and are a hindrance to, interstate commerce in terms of lost

production, wage loss, medical expenses, and disability

compensation payments.

(b) The Congress declares it to be its purpose and policy,

through the exercise of its powers to regulate commerce among the

several States and with foreign nations and to provide for the

general welfare, to assure so far as possible every working man and

woman in the Nation safe and healthful working conditions and to

preserve our human resources -

(1) by encouraging employers and employees in their efforts to

reduce the number of occupational safety and health hazards at

their places of employment, and to stimulate employers and

employees to institute new and to perfect existing programs for

providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but

dependent responsibilities and rights with respect to achieving

safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory

occupational safety and health standards applicable to businesses

affecting interstate commerce, and by creating an Occupational

Safety and Health Review Commission for carrying out adjudicatory

functions under this chapter;

(4) by building upon advances already made through employer and

employee initiative for providing safe and healthful working

conditions;

(5) by providing for research in the field of occupational

safety and health, including the psychological factors involved,

and by developing innovative methods, techniques, and approaches

for dealing with occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing

causal connections between diseases and work in environmental

conditions, and conducting other research relating to health

problems, in recognition of the fact that occupational health

standards present problems often different from those involved in

occupational safety;

(7) by providing medical criteria which will assure insofar as

practicable that no employee will suffer diminished health,

functional capacity, or life expectancy as a result of his work

experience;

(8) by providing for training programs to increase the number

and competence of personnel engaged in the field of occupational

safety and health;

(9) by providing for the development and promulgation of

occupational safety and health standards;

(10) by providing an effective enforcement program which shall

include a prohibition against giving advance notice of any

inspection and sanctions for any individual violating this

prohibition;

(11) by encouraging the States to assume the fullest

responsibility for the administration and enforcement of their

occupational safety and health laws by providing grants to the

States to assist in identifying their needs and responsibilities

in the area of occupational safety and health, to develop plans

in accordance with the provisions of this chapter, to improve the

administration and enforcement of State occupational safety and

health laws, and to conduct experimental and demonstration

projects in connection therewith;

(12) by providing for appropriate reporting procedures with

respect to occupational safety and health which procedures will

help achieve the objectives of this chapter and accurately

describe the nature of the occupational safety and health

problem;

(13) by encouraging joint labor-management efforts to reduce

injuries and disease arising out of employment.

-SOURCE-

(Pub. L. 91-596, Sec. 2, Dec. 29, 1970, 84 Stat. 1590.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(3), (11), and (12), was

in the original "this Act", meaning Pub. L. 91-596, Dec. 29, 1970,

84 Stat. 1590, as amended. For complete classification of this Act

to the Code, see Short Title note set out under this section and

Tables.

-MISC1-

EFFECTIVE DATE

Section 34 of Pub. L. 91-596 provided that: "This Act [enacting

this chapter and section 3142-1 of Title 42, The Public Health and

Welfare, amending section 553 of this title, sections 5108, 5314,

5315, and 7902 of Title 5, Government Organization and Employees,

sections 633 and 636 of Title 15, Commerce and Trade, section 1114

of Title 18, Crimes and Criminal Procedure, and section 1421 of

former Title 49, Transportation, and enacting provisions set out as

notes under this section and section 1114 of Title 18] shall take

effect one hundred and twenty days after the date of its enactment

[Dec. 29, 1970]."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-197, Sec. 1, July 16, 1998, 112 Stat. 638, provided

that: "This Act [amending section 670 of this title] may be cited

as the 'Occupational Safety and Health Administration Compliance

Assistance Authorization Act of 1998'."

SHORT TITLE

Section 1 of Pub. L. 91-596 provided: "That this Act [enacting

this chapter and section 3142-1 of Title 42, The Public Health and

Welfare, amending section 553 of this title, sections 5108, 5314,

5315, and 7902 of Title 5, Government Organization and Employees,

sections 633 and 636 of Title 15, Commerce and Trade, section 1114

of Title 18, Crimes and Criminal Procedure, and section 1421 of

former Title 49, Transportation, and enacting provisions set out as

notes under this section and section 1114 of Title 18] may be cited

as the 'Occupational Safety and Health Act of 1970'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 671 of this title.

-End-

-CITE-

29 USC Sec. 652 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 652. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "Secretary" mean (!1) the Secretary of Labor.

(2) The term "Commission" means the Occupational Safety and

Health Review Commission established under this chapter.

(3) The term "commerce" means trade, traffic, commerce,

transportation, or communication among the several States, or

between a State and any place outside thereof, or within the

District of Columbia, or a possession of the United States (other

than the Trust Territory of the Pacific Islands), or between

points in the same State but through a point outside thereof.

(4) The term "person" means one or more individuals,

partnerships, associations, corporations, business trusts, legal

representatives, or any organized group of persons.

(5) The term "employer" means a person engaged in a business

affecting commerce who has employees, but does not include the

United States (not including the United States Postal Service) or

any State or political subdivision of a State.

(6) The term "employee" means an employee of an employer who is

employed in a business of his employer which affects commerce.

(7) The term "State" includes a State of the United States, the

District of Columbia, Puerto Rico, the Virgin Islands, American

Samoa, Guam, and the Trust Territory of the Pacific Islands.

(8) The term "occupational safety and health standard" means a

standard which requires conditions, or the adoption or use of one

or more practices, means, methods, operations, or processes,

reasonably necessary or appropriate to provide safe or healthful

employment and places of employment.

(9) The term "national consensus standard" means any

occupational safety and health standard or modification thereof

which (1),(!2) has been adopted and promulgated by a nationally

recognized standards-producing organization under procedures

whereby it can be determined by the Secretary that persons

interested and affected by the scope or provisions of the

standard have reached substantial agreement on its adoption, (2)

was formulated in a manner which afforded an opportunity for

diverse views to be considered and (3) has been designated as

such a standard by the Secretary, after consultation with other

appropriate Federal agencies.

(10) The term "established Federal standard" means any

operative occupational safety and health standard established by

any agency of the United States and presently in effect, or

contained in any Act of Congress in force on December 29, 1970.

(11) The term "Committee" means the National Advisory Committee

on Occupational Safety and Health established under this chapter.

(12) The term "Director" means the Director of the National

Institute for Occupational Safety and Health.

(13) The term "Institute" means the National Institute for

Occupational Safety and Health established under this chapter.

(14) The term "Workmen's Compensation Commission" means the

National Commission on State Workmen's Compensation Laws

established under this chapter.

-SOURCE-

(Pub. L. 91-596, Sec. 3, Dec. 29, 1970, 84 Stat. 1591; Pub. L.

105-241, Sec. 2(a), Sept. 28, 1998, 112 Stat. 1572.)

-MISC1-

AMENDMENTS

1998 - Par. (5). Pub. L. 105-241 inserted "(not including the

United States Postal Service)" after "the United States".

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on January 5, 1973, to terminate

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

January 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. 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.

-FOOTNOTE-

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

(!2) So in original. The comma probably should not appear.

-End-

-CITE-

29 USC Sec. 653 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 653. Geographic applicability; judicial enforcement;

applicability to existing standards; report to Congress on

duplication and coordination of Federal laws; workmen's

compensation law or common law or statutory rights, duties, or

liabilities of employers and employees unaffected

-STATUTE-

(a) This chapter shall apply with respect to employment performed

in a workplace in a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, American Samoa,

Guam, the Trust Territory of the Pacific Islands, Lake Island,

Outer Continental Shelf lands defined in the Outer Continental

Shelf Lands Act [43 U.S.C. 1331 et seq.], Johnston Island, and the

Canal Zone. The Secretary of the Interior shall, by regulation,

provide for judicial enforcement of this chapter by the courts

established for areas in which there are no United States district

courts having jurisdiction.

(b)(1) Nothing in this chapter shall apply to working conditions

of employees with respect to which other Federal agencies, and

State agencies acting under section 2021 of title 42, exercise

statutory authority to prescribe or enforce standards or

regulations affecting occupational safety or health.

(2) The safety and health standards promulgated under the Act of

June 30, 1936, commonly known as the Walsh-Healey Act [41 U.S.C. 35

et seq.], the Service Contract Act of 1965 [41 U.S.C. 351 et seq.],

Public Law 91-54, Act of August 9, 1969, Public Law 85-742, Act of

August 23, 1958, and the National Foundation on Arts and Humanities

Act [20 U.S.C. 951 et seq.] are superseded on the effective date of

corresponding standards, promulgated under this chapter, which are

determined by the Secretary to be more effective. Standards issued

under the laws listed in this paragraph and in effect on or after

the effective date of this chapter shall be deemed to be

occupational safety and health standards issued under this chapter,

as well as under such other Acts.

(3) The Secretary shall, within three years after the effective

date of this chapter, report to the Congress his recommendations

for legislation to avoid unnecessary duplication and to achieve

coordination between this chapter and other Federal laws.

(4) Nothing in this chapter shall be construed to supersede or in

any manner affect any workmen's compensation law or to enlarge or

diminish or affect in any other manner the common law or statutory

rights, duties, or liabilities of employers and employees under any

law with respect to injuries, diseases, or death of employees

arising out of, or in the course of, employment.

-SOURCE-

(Pub. L. 91-596, Sec. 4, Dec. 29, 1970, 84 Stat. 1592.)

-REFTEXT-

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in subsec.

(a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which

is classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of Title 43 and Tables.

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

Act of June 30, 1936, commonly known as the Walsh-Healey Act,

referred to in subsec. (b)(2), is act June 30, 1936, ch. 881, 49

Stat. 2036, as amended, which is classified generally to section 35

et seq. 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 section 262 of this title.

The Service Contract Act of 1965, referred to in subsec. (b)(2),

is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which

is classified generally to chapter 6 (Sec. 351 et seq.) of Title

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

Title note set out under section 351 of Title 41 and Tables.

Public Law 91-54, Act of August 9, 1969, referred to in subsec.

(b)(2), is Pub. L. 91-54, Aug. 9, 1969, 83 Stat. 96, which amended

sections 1 and 2 and added section 107 of Pub. L. 87-581, Aug. 13,

1962, 76 Stat. 357. Sections 1 and 2 of Pub. L. 87-581 were set out

as notes under section 327, and section 107 of Pub. L. 87-581 was

classified to section 333, of former Title 40, Public Buildings,

Property, and Works. Sections 1 and 2 of Pub. L. 87-581 were

repealed, and section 107 of Pub. L. 87-581 was repealed and

reenacted as sections 3704 and 3705 of Title 40, Public Buildings,

Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304.

Public Law 85-742, Act of August 23, 1958, referred to in subsec.

(b)(2), is Pub. L. 85-742, Aug. 23, 1958, 72 Stat. 835, which

amended section 941 of Title 33, Navigation and Navigable Waters,

and enacted provisions set out as a note under section 941 of Title

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

Tables.

The National Foundation on the Arts and the Humanities Act,

referred to in subsec. (b)(2), is Pub. L. 89-209, Sept. 29, 1965,

79 Stat. 845, as amended, known as the National Foundation on the

Arts and the Humanities Act of 1965, which is classified

principally to subchapter I (Sec. 951 et seq.) of chapter 26 of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 951 of Title 20

and Tables.

The effective date of this chapter, referred to in subsec.

(b)(2), (3), is the effective date of Pub. L. 91-596, which is 120

days after Dec. 29, 1970, see section 34 of Pub. L. 91-596, set out

as an Effective Date note under section 651 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC1-

EPA ADMINISTRATOR NOT EXERCISING "STATUTORY AUTHORITY" UNDER THIS

SECTION IN EXERCISING ANY AUTHORITY UNDER TOXIC SUBSTANCES CONTROL

ACT

In exercising any authority under the Toxic Substances Control

Act (15 U.S.C. 2601 et seq.) in connection with amendment made by

section 15(a) of Pub. L. 101-637, the Administrator of the

Environmental Protection Agency not, for purposes of subsection

(b)(1) of this section, to be considered to be exercising statutory

authority to prescribe or enforce standards or regulations

affecting occupational safety and health, see section 15(b) of Pub.

L. 101-637, set out as a note under section 2646 of Title 15,

Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 673 of this title; title

15 section 2608; title 42 section 7412; title 49 section 5107.

-End-

-CITE-

29 USC Sec. 654 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 654. Duties of employers and employees

-STATUTE-

(a) Each employer -

(1) shall furnish to each of his employees employment and a

place of employment which are free from recognized hazards that

are causing or are likely to cause death or serious physical harm

to his employees;

(2) shall comply with occupational safety and health standards

promulgated under this chapter.

(b) Each employee shall comply with occupational safety and

health standards and all rules, regulations, and orders issued

pursuant to this chapter which are applicable to his own actions

and conduct.

-SOURCE-

(Pub. L. 91-596, Sec. 5, Dec. 29, 1970, 84 Stat. 1593.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 658, 666 of this title;

title 2 section 1341; title 3 section 425; title 42 section 7412.

-End-

-CITE-

29 USC Sec. 655 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 655. Standards

-STATUTE-

(a) Promulgation by Secretary of national consensus standards and

established Federal standards; time for promulgation; conflicting

standards

Without regard to chapter 5 of title 5 or to the other

subsections of this section, the Secretary shall, as soon as

practicable during the period beginning with the effective date of

this chapter and ending two years after such date, by rule

promulgate as an occupational safety or health standard any

national consensus standard, and any established Federal standard,

unless he determines that the promulgation of such a standard would

not result in improved safety or health for specifically designated

employees. In the event of conflict among any such standards, the

Secretary shall promulgate the standard which assures the greatest

protection of the safety or health of the affected employees.

(b) Procedure for promulgation, modification, or revocation of

standards

The Secretary may by rule promulgate, modify, or revoke any

occupational safety or health standard in the following manner:

(1) Whenever the Secretary, upon the basis of information

submitted to him in writing by an interested person, a

representative of any organization of employers or employees, a

nationally recognized standards-producing organization, the

Secretary of Health and Human Services, the National Institute for

Occupational Safety and Health, or a State or political

subdivision, or on the basis of information developed by the

Secretary or otherwise available to him, determines that a rule

should be promulgated in order to serve the objectives of this

chapter, the Secretary may request the recommendations of an

advisory committee appointed under section 656 of this title. The

Secretary shall provide such an advisory committee with any

proposals of his own or of the Secretary of Health and Human

Services, together with all pertinent factual information developed

by the Secretary or the Secretary of Health and Human Services, or

otherwise available, including the results of research,

demonstrations, and experiments. An advisory committee shall submit

to the Secretary its recommendations regarding the rule to be

promulgated within ninety days from the date of its appointment or

within such longer or shorter period as may be prescribed by the

Secretary, but in no event for a period which is longer than two

hundred and seventy days.

(2) The Secretary shall publish a proposed rule promulgating,

modifying, or revoking an occupational safety or health standard in

the Federal Register and shall afford interested persons a period

of thirty days after publication to submit written data or

comments. Where an advisory committee is appointed and the

Secretary determines that a rule should be issued, he shall publish

the proposed rule within sixty days after the submission of the

advisory committee's recommendations or the expiration of the

period prescribed by the Secretary for such submission.

(3) On or before the last day of the period provided for the

submission of written data or comments under paragraph (2), any

interested person may file with the Secretary written objections to

the proposed rule, stating the grounds therefor and requesting a

public hearing on such objections. Within thirty days after the

last day for filing such objections, the Secretary shall publish in

the Federal Register a notice specifying the occupational safety or

health standard to which objections have been filed and a hearing

requested, and specifying a time and place for such hearing.

(4) Within sixty days after the expiration of the period provided

for the submission of written data or comments under paragraph (2),

or within sixty days after the completion of any hearing held under

paragraph (3), the Secretary shall issue a rule promulgating,

modifying, or revoking an occupational safety or health standard or

make a determination that a rule should not be issued. Such a rule

may contain a provision delaying its effective date for such period

(not in excess of ninety days) as the Secretary determines may be

necessary to insure that affected employers and employees will be

informed of the existence of the standard and of its terms and that

employers affected are given an opportunity to familiarize

themselves and their employees with the existence of the

requirements of the standard.

(5) The Secretary, in promulgating standards dealing with toxic

materials or harmful physical agents under this subsection, shall

set the standard which most adequately assures, to the extent

feasible, on the basis of the best available evidence, that no

employee will suffer material impairment of health or functional

capacity even if such employee has regular exposure to the hazard

dealt with by such standard for the period of his working life.

Development of standards under this subsection shall be based upon

research, demonstrations, experiments, and such other information

as may be appropriate. In addition to the attainment of the highest

degree of health and safety protection for the employee, other

considerations shall be the latest available scientific data in the

field, the feasibility of the standards, and experience gained

under this and other health and safety laws. Whenever practicable,

the standard promulgated shall be expressed in terms of objective

criteria and of the performance desired.

(6)(A) Any employer may apply to the Secretary for a temporary

order granting a variance from a standard or any provision thereof

promulgated under this section. Such temporary order shall be

granted only if the employer files an application which meets the

requirements of clause (B) and establishes that (i) he is unable to

comply with a standard by its effective date because of

unavailability of professional or technical personnel or of

materials and equipment needed to come into compliance with the

standard or because necessary construction or alteration of

facilities cannot be completed by the effective date, (ii) he is

taking all available steps to safeguard his employees against the

hazards covered by the standard, and (iii) he has an effective

program for coming into compliance with the standard as quickly as

practicable. Any temporary order issued under this paragraph shall

prescribe the practices, means, methods, operations, and processes

which the employer must adopt and use while the order is in effect

and state in detail his program for coming into compliance with the

standard. Such a temporary order may be granted only after notice

to employees and an opportunity for a hearing: Provided, That the

Secretary may issue one interim order to be effective until a

decision is made on the basis of the hearing. No temporary order

may be in effect for longer than the period needed by the employer

to achieve compliance with the standard or one year, whichever is

shorter, except that such an order may be renewed not more than

twice (I) so long as the requirements of this paragraph are met and

(II) if an application for renewal is filed at least 90 days prior

to the expiration date of the order. No interim renewal of an order

may remain in effect for longer than 180 days.

(B) An application for a temporary order under this paragraph (6)

shall contain:

(i) a specification of the standard or portion thereof from

which the employer seeks a variance,

(ii) a representation by the employer, supported by

representations from qualified persons having firsthand knowledge

of the facts represented, that he is unable to comply with the

standard or portion thereof and a detailed statement of the

reasons therefor,

(iii) a statement of the steps he has taken and will take (with

specific dates) to protect employees against the hazard covered

by the standard,

(iv) a statement of when he expects to be able to comply with

the standard and what steps he has taken and what steps he will

take (with dates specified) to come into compliance with the

standard, and

(v) a certification that he has informed his employees of the

application by giving a copy thereof to their authorized

representative, posting a statement giving a summary of the

application and specifying where a copy may be examined at the

place or places where notices to employees are normally posted,

and by other appropriate means.

A description of how employees have been informed shall be

contained in the certification. The information to employees shall

also inform them of their right to petition the Secretary for a

hearing.

(C) The Secretary is authorized to grant a variance from any

standard or portion thereof whenever he determines, or the

Secretary of Health and Human Services certifies, that such

variance is necessary to permit an employer to participate in an

experiment approved by him or the Secretary of Health and Human

Services designed to demonstrate or validate new and improved

techniques to safeguard the health or safety of workers.

(7) Any standard promulgated under this subsection shall

prescribe the use of labels or other appropriate forms of warning

as are necessary to insure that employees are apprised of all

hazards to which they are exposed, relevant symptoms and

appropriate emergency treatment, and proper conditions and

precautions of safe use or exposure. Where appropriate, such

standard shall also prescribe suitable protective equipment and

control or technological procedures to be used in connection with

such hazards and shall provide for monitoring or measuring employee

exposure at such locations and intervals, and in such manner as may

be necessary for the protection of employees. In addition, where

appropriate, any such standard shall prescribe the type and

frequency of medical examinations or other tests which shall be

made available, by the employer or at his cost, to employees

exposed to such hazards in order to most effectively determine

whether the health of such employees is adversely affected by such

exposure. In the event such medical examinations are in the nature

of research, as determined by the Secretary of Health and Human

Services, such examinations may be furnished at the expense of the

Secretary of Health and Human Services. The results of such

examinations or tests shall be furnished only to the Secretary or

the Secretary of Health and Human Services, and, at the request of

the employee, to his physician. The Secretary, in consultation with

the Secretary of Health and Human Services, may by rule promulgated

pursuant to section 553 of title 5, make appropriate modifications

in the foregoing requirements relating to the use of labels or

other forms of warning, monitoring or measuring, and medical

examinations, as may be warranted by experience, information, or

medical or technological developments acquired subsequent to the

promulgation of the relevant standard.

(8) Whenever a rule promulgated by the Secretary differs

substantially from an existing national consensus standard, the

Secretary shall, at the same time, publish in the Federal Register

a statement of the reasons why the rule as adopted will better

effectuate the purposes of this chapter than the national consensus

standard.

(c) Emergency temporary standards

(1) The Secretary shall provide, without regard to the

requirements of chapter 5 of title 5, for an emergency temporary

standard to take immediate effect upon publication in the Federal

Register if he determines (A) that employees are exposed to grave

danger from exposure to substances or agents determined to be toxic

or physically harmful or from new hazards, and (B) that such

emergency standard is necessary to protect employees from such

danger.

(2) Such standard shall be effective until superseded by a

standard promulgated in accordance with the procedures prescribed

in paragraph (3) of this subsection.

(3) Upon publication of such standard in the Federal Register the

Secretary shall commence a proceeding in accordance with subsection

(b) of this section, and the standard as published shall also serve

as a proposed rule for the proceeding. The Secretary shall

promulgate a standard under this paragraph no later than six months

after publication of the emergency standard as provided in

paragraph (2) of this subsection.

(d) Variances from standards; procedure

Any affected employer may apply to the Secretary for a rule or

order for a variance from a standard promulgated under this

section. Affected employees shall be given notice of each such

application and an opportunity to participate in a hearing. The

Secretary shall issue such rule or order if he determines on the

record, after opportunity for an inspection where appropriate and a

hearing, that the proponent of the variance has demonstrated by a

preponderance of the evidence that the conditions, practices,

means, methods, operations, or processes used or proposed to be

used by an employer will provide employment and places of

employment to his employees which are as safe and healthful as

those which would prevail if he complied with the standard. The

rule or order so issued shall prescribe the conditions the employer

must maintain, and the practices, means, methods, operations, and

processes which he must adopt and utilize to the extent they differ

from the standard in question. Such a rule or order may be modified

or revoked upon application by an employer, employees, or by the

Secretary on his own motion, in the manner prescribed for its

issuance under this subsection at any time after six months from

its issuance.

(e) Statement of reasons for Secretary's determinations;

publication in Federal Register

Whenever the Secretary promulgates any standard, makes any rule,

order, or decision, grants any exemption or extension of time, or

compromises, mitigates, or settles any penalty assessed under this

chapter, he shall include a statement of the reasons for such

action, which shall be published in the Federal Register.

(f) Judicial review

Any person who may be adversely affected by a standard issued

under this section may at any time prior to the sixtieth day after

such standard is promulgated file a petition challenging the

validity of such standard with the United States court of appeals

for the circuit wherein such person resides or has his principal

place of business, for a judicial review of such standard. A copy

of the petition shall be forthwith transmitted by the clerk of the

court to the Secretary. The filing of such petition shall not,

unless otherwise ordered by the court, operate as a stay of the

standard. The determinations of the Secretary shall be conclusive

if supported by substantial evidence in the record considered as a

whole.

(g) Priority for establishment of standards

In determining the priority for establishing standards under this

section, the Secretary shall give due regard to the urgency of the

need for mandatory safety and health standards for particular

industries, trades, crafts, occupations, businesses, workplaces or

work environments. The Secretary shall also give due regard to the

recommendations of the Secretary of Health and Human Services

regarding the need for mandatory standards in determining the

priority for establishing such standards.

-SOURCE-

(Pub. L. 91-596, Sec. 6, Dec. 29, 1970, 84 Stat. 1593; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (a),

is the effective date of Pub. L. 91-596, Dec. 29, 1970, 84 Stat.

1590, which is 120 days after Dec. 29, 1970, see section 34 of Pub.

L. 91-596, set out as an Effective Date note under section 651 of

this title.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (b)(1),

(6)(C), (7), and (g) pursuant to section 509(b) of Pub. L. 96-88

which is classified to section 3508(b) of Title 20, Education.

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on January 5, 1973, to terminate

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

January 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. 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.

PROHIBITION ON EXPOSURE OF WORKERS TO CHEMICAL OR OTHER HAZARDS FOR

PURPOSE OF CONDUCTING EXPERIMENTS

Pub. L. 102-394, title I, Sec. 102, Oct. 6, 1992, 106 Stat. 1799,

provided that: "None of the funds appropriated under this Act or

subsequent Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Acts shall be used

to grant variances, interim orders or letters of clarification to

employers which will allow exposure of workers to chemicals or

other workplace hazards in excess of existing Occupational Safety

and Health Administration standards for the purpose of conducting

experiments on workers' health or safety."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title I, Sec. 102, Nov. 26, 1991, 105 Stat.

1114.

Pub. L. 101-517, title I, Sec. 102, Nov. 5, 1990, 104 Stat. 2196.

Pub. L. 101-166, title I, Sec. 102, Nov. 21, 1989, 103 Stat.

1165.

Pub. L. 100-202, Sec. 101(h) [title I, Sec. 102], Dec. 22, 1987,

101 Stat. 1329-256, 1329-263.

Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title I, Sec. 102], Oct.

18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.

5233, title I, Sec. 102], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title I, Sec. 102, Dec. 12, 1985, 99 Stat. 1109.

Pub. L. 98-619, title I, Sec. 102, Nov. 8, 1984, 98 Stat. 3311.

OCCUPATIONAL HEALTH STANDARD CONCERNING EXPOSURE TO BLOODBORNE

PATHOGENS

Pub. L. 102-170, title I, Sec. 100, Nov. 26, 1991, 105 Stat.

1113, provided that:

"(a) Notwithstanding any other provision of law, on or before

December 1, 1991, the Secretary of Labor, acting under the

Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.],

shall promulgate a final occupational health standard concerning

occupational exposure to bloodborne pathogens. The final standard

shall be based on the proposed standard as published in the Federal

Register on May 30, 1989 (54 FR 23042), concerning occupational

exposures to the hepatitis B virus, the human immunodeficiency

virus and other bloodborne pathogens.

"(b) In the event that the final standard referred to in

subsection (a) is not promulgated by the date required under such

subsection, the proposed standard on occupational exposure to

bloodborne pathogens as published in the Federal Register on May

30, 1989 (54 FR 23042) shall become effective as if such proposed

standard had been promulgated as a final standard by the Secretary

of Labor, and remain in effect until the date on which such

Secretary promulgates the final standard referred to in subsection

(a).

"(c) Nothing in this Act [enacting section 962 of Title 30,

Mineral Lands and Mining, amending section 290b of Title 42, The

Public Health and Welfare, enacting provisions set out as notes

under section 1070a of Title 20, Education and section 1383 of

Title 42, and amending provisions set out as notes under section

1255a of Title 8, Aliens and Nationality, and section 1221-1 of

Title 20] shall be construed to require the Secretary of Labor

(acting through the Occupational Safety and Health Administration)

to revise the employment accident reporting regulations published

at 29 C.F.R. 1904.8."

RETENTION OF MARKINGS AND PLACARDS

Pub. L. 101-615, Sec. 29, Nov. 16, 1990, 104 Stat. 3277, provided

that: "Not later than 18 months after the date of enactment of this

Act [Nov. 16, 1990], the Secretary of Labor, in consultation with

the Secretary of Transportation and the Secretary of the Treasury,

shall issue under section 6(b) of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 655(b)) standards requiring any

employer who receives a package, container, motor vehicle, rail

freight car, aircraft, or vessel which contains a hazardous

material and which is required to be marked, placarded, or labeled

in accordance with regulations issued under the Hazardous Materials

Transportation Act [former 49 U.S.C. 1801 et seq.] to retain the

markings, placards, and labels, and any other information as may be

required by such regulations on the package, container, motor

vehicle, rail freight car, aircraft, or vessel, until the hazardous

materials have been removed therefrom."

CHEMICAL PROCESS SAFETY MANAGEMENT

Pub. L. 101-549, title III, Sec. 304, Nov. 15, 1990, 104 Stat.

2576, provided that:

"(a) Chemical Process Safety Standard. - The Secretary of Labor

shall act under the Occupational Safety and Health Act of 1970 (29

U.S.C. 653) [29 U.S.C. 651 et seq.] to prevent accidental releases

of chemicals which could pose a threat to employees. Not later than

12 months after the date of enactment of the Clean Air Act

Amendments of 1990 [Nov. 15, 1990], the Secretary of Labor, in

coordination with the Administrator of the Environmental Protection

Agency, shall promulgate, pursuant to the Occupational Safety and

Health Act, a chemical process safety standard designed to protect

employees from hazards associated with accidental releases of

highly hazardous chemicals in the workplace.

"(b) List of Highly Hazardous Chemicals. - The Secretary shall

include as part of such standard a list of highly hazardous

chemicals, which include toxic, flammable, highly reactive and

explosive substances. The list of such chemicals may include those

chemicals listed by the Administrator under section 302 of the

Emergency Planning and Community Right to Know Act of 1986 [42

U.S.C. 11002]. The Secretary may make additions to such list when a

substance is found to pose a threat of serious injury or fatality

in the event of an accidental release in the workplace.

"(c) Elements of Safety Standard. - Such standard shall, at

minimum, require employers to -

"(1) develop and maintain written safety information

identifying workplace chemical and process hazards, equipment

used in the processes, and technology used in the processes;

"(2) perform a workplace hazard assessment, including, as

appropriate, identification of potential sources of accidental

releases, an identification of any previous release within the

facility which had a likely potential for catastrophic

consequences in the workplace, estimation of workplace effects of

a range of releases, estimation of the health and safety effects

of such range on employees;

"(3) consult with employees and their representatives on the

development and conduct of hazard assessments and the development

of chemical accident prevention plans and provide access to these

and other records required under the standard;

"(4) establish a system to respond to the workplace hazard

assessment findings, which shall address prevention, mitigation,

and emergency responses;

"(5) periodically review the workplace hazard assessment and

response system;

"(6) develop and implement written operating procedures for the

chemical process including procedures for each operating phase,

operating limitations, and safety and health considerations;

"(7) provide written safety and operating information to

employees and train employees in operating procedures,

emphasizing hazards and safe practices;

"(8) ensure contractors and contract employees are provided

appropriate information and training;

"(9) train and educate employees and contractors in emergency

response in a manner as comprehensive and effective as that

required by the regulation promulgated pursuant to section 126(d)

of the Superfund Amendments and Reauthorization Act [of 1986]

[Pub. L. 99-499, set out in a note below];

"(10) establish a quality assurance program to ensure that

initial process related equipment, maintenance materials, and

spare parts are fabricated and installed consistent with design

specifications;

"(11) establish maintenance systems for critical process

related equipment including written procedures, employee

training, appropriate inspections, and testing of such equipment

to ensure ongoing mechanical integrity;

"(12) conduct pre-start-up safety reviews of all newly

installed or modified equipment;

"(13) establish and implement written procedures to manage

change to process chemicals, technology, equipment and

facilities; and

"(14) investigate every incident which results in or could have

resulted in a major accident in the workplace, with any findings

to be reviewed by operating personnel and modifications made if

appropriate.

"(d) State Authority. - Nothing in this section may be construed

to diminish the authority of the States and political subdivisions

thereof as described in section 112(r)(11) of the Clean Air Act [42

U.S.C. 7412(r)(11)]."

WORKER PROTECTION STANDARDS

Pub. L. 99-499, title I, Sec. 126(a)-(f), Oct. 17, 1986, 100

Stat. 1690-1692, as amended by Pub. L. 100-202, Sec. 101(f) [title

II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-187, 1329-198,

provided:

"(a) Promulgation. - Within one year after the date of the

enactment of this section [Oct. 17, 1986], the Secretary of Labor

shall, pursuant to section 6 of the Occupational Safety and Health

Act of 1970 [29 U.S.C. 655], promulgate standards for the health

and safety protection of employees engaged in hazardous waste

operations.

"(b) Proposed Standards. - The Secretary of Labor shall issue

proposed regulations on such standards which shall include, but

need not be limited to, the following worker protection provisions:

"(1) Site analysis. - Requirements for a formal hazard analysis

of the site and development of a site specific plan for worker

protection.

"(2) Training. - Requirements for contractors to provide

initial and routine training of workers before such workers are

permitted to engage in hazardous waste operations which would

expose them to toxic substances.

"(3) Medical surveillance. - A program of regular medical

examination, monitoring, and surveillance of workers engaged in

hazardous waste operations which would expose them to toxic

substances.

"(4) Protective equipment. - Requirements for appropriate

personal protective equipment, clothing, and respirators for work

in hazardous waste operations.

"(5) Engineering controls. - Requirements for engineering

controls concerning the use of equipment and exposure of workers

engaged in hazardous waste operations.

"(6) Maximum exposure limits. - Requirements for maximum

exposure limitations for workers engaged in hazardous waste

operations, including necessary monitoring and assessment

procedures.

"(7) Informational program. - A program to inform workers

engaged in hazardous waste operations of the nature and degree of

toxic exposure likely as a result of such hazardous waste

operations.

"(8) Handling. - Requirements for the handling, transporting,

labeling, and disposing of hazardous wastes.

"(9) New technology program. - A program for the introduction

of new equipment or technologies that will maintain worker

protections.

"(10) Decontamination procedures. - Procedures for

decontamination.

"(11) Emergency response. - Requirements for emergency response

and protection of workers engaged in hazardous waste operations.

"(c) Final Regulations. - Final regulations under subsection (a)

shall take effect one year after the date they are promulgated. In

promulgating final regulations on standards under subsection (a),

the Secretary of Labor shall include each of the provisions listed

in paragraphs (1) through (11) of subsection (b) unless the

Secretary determines that the evidence in the public record

considered as a whole does not support inclusion of any such

provision.

"(d) Specific Training Standards. -

"(1) Offsite instruction; field experience. - Standards

promulgated under subsection (a) shall include training standards

requiring that general site workers (such as equipment operators,

general laborers, and other supervised personnel) engaged in

hazardous substance removal or other activities which expose or

potentially expose such workers to hazardous substances receive a

minimum of 40 hours of initial instruction off the site, and a

minimum of three days of actual field experience under the direct

supervision of a trained, experienced supervisor, at the time of

assignment. The requirements of the preceding sentence shall not

apply to any general site worker who has received the equivalent

of such training. Workers who may be exposed to unique or special

hazards shall be provided additional training.

"(2) Training of supervisors. - Standards promulgated under

subsection (a) shall include training standards requiring that

onsite managers and supervisors directly responsible for the

hazardous waste operations (such as foremen) receive the same

training as general site workers set forth in paragraph (1) of

this subsection and at least eight additional hours of

specialized training on managing hazardous waste operations. The

requirements of the preceding sentence shall not apply to any

person who has received the equivalent of such training.

"(3) Certification; enforcement. - Such training standards

shall contain provisions for certifying that general site

workers, onsite managers, and supervisors have received the

specified training and shall prohibit any individual who has not

received the specified training from engaging in hazardous waste

operations covered by the standard. The certification procedures

shall be no less comprehensive than those adopted by the

Environmental Protection Agency in its Model Accreditation Plan

for Asbestos Abatement Training as required under the Asbestos

Hazard Emergency Response Act of 1986 [Pub. L. 99-519, see Short

Title of 1986 Amendment note, set out under section 2601 of Title

15, Commerce and Trade].

"(4) Training of emergency response personnel. - Such training

standards shall set forth requirements for the training of

workers who are responsible for responding to hazardous emergency

situations who may be exposed to toxic substances in carrying out

their responsibilities.

"(e) Interim Regulations. - The Secretary of Labor shall issue

interim final regulations under this section within 60 days after

the enactment of this section [Oct. 17, 1986] which shall provide

no less protection under this section for workers employed by

contractors and emergency response workers than the protections

contained in the Environmental Protection Agency Manual (1981)

'Health and Safety Requirements for Employees Engaged in Field

Activities' and existing standards under the Occupational Safety

and Health Act of 1970 [29 U.S.C. 651 et seq.] found in subpart C

of part 1926 of title 29 of the Code of Federal Regulations. Such

interim final regulations shall take effect upon issuance and shall

apply until final regulations become effective under subsection

(c).

"(f) Coverage of Certain State and Local Employees. - Not later

than 90 days after the promulgation of final regulations under

subsection (a), the Administrator shall promulgate standards

identical to those promulgated by the Secretary of Labor under

subsection (a). Standards promulgated under this subsection shall

apply to employees of State and local governments in each State

which does not have in effect an approved State plan under section

18 of the Occupational Safety and Health Act of 1970 [29 U.S.C.

667] providing for standards for the health and safety protection

of employees engaged in hazardous waste operations."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 656, 657, 658, 666, 667,

668, 669 of this title; title 2 section 1341; title 3 section 425;

title 7 section 1942; title 42 section 4853.

-End-

-CITE-

29 USC Sec. 656 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 656. Administration

-STATUTE-

(a) National Advisory Committee on Occupational Safety and Health;

establishment; membership; appointment; Chairman; functions;

meetings; compensation; secretarial and clerical personnel

(1) There is hereby established a National Advisory Committee on

Occupational Safety and Health consisting of twelve members

appointed by the Secretary, four of whom are to be designated by

the Secretary of Health and Human Services, without regard to the

provisions of title 5 governing appointments in the competitive

service, and composed of representatives of management, labor,

occupational safety and occupational health professions, and of the

public. The Secretary shall designate one of the public members as

Chairman. The members shall be selected upon the basis of their

experience and competence in the field of occupational safety and

health.

(2) The Committee shall advise, consult with, and make

recommendations to the Secretary and the Secretary of Health and

Human Services on matters relating to the administration of this

chapter. The Committee shall hold no fewer than two meetings during

each calendar year. All meetings of the Committee shall be open to

the public and a transcript shall be kept and made available for

public inspection.

(3) The members of the Committee shall be compensated in

accordance with the provisions of section 3109 of title 5.

(4) The Secretary shall furnish to the Committee an executive

secretary and such secretarial, clerical, and other services as are

deemed necessary to the conduct of its business.

(b) Advisory committees; appointment; duties; membership;

compensation; reimbursement to member's employer; meetings;

availability of records; conflict of interest

An advisory committee may be appointed by the Secretary to assist

him in his standard-setting functions under section 655 of this

title. Each such committee shall consist of not more than fifteen

members and shall include as a member one or more designees of the

Secretary of Health and Human Services, and shall include among its

members an equal number of persons qualified by experience and

affiliation to present the viewpoint of the employers involved, and

of persons similarly qualified to present the viewpoint of the

workers involved, as well as one or more representatives of health

and safety agencies of the States. An advisory committee may also

include such other persons as the Secretary may appoint who are

qualified by knowledge and experience to make a useful contribution

to the work of such committee, including one or more

representatives of professional organizations of technicians or

professionals specializing in occupational safety or health, and

one or more representatives of nationally recognized

standards-producing organizations, but the number of persons so

appointed to any such advisory committee shall not exceed the

number appointed to such committee as representatives of Federal

and State agencies. Persons appointed to advisory committees from

private life shall be compensated in the same manner as consultants

or experts under section 3109 of title 5. The Secretary shall pay

to any State which is the employer of a member of such a committee

who is a representative of the health or safety agency of that

State, reimbursement sufficient to cover the actual cost to the

State resulting from such representative's membership on such

committee. Any meeting of such committee shall be open to the

public and an accurate record shall be kept and made available to

the public. No member of such committee (other than representatives

of employers and employees) shall have an economic interest in any

proposed rule.

(c) Use of services, facilities, and personnel of Federal, State,

and local agencies; reimbursement; employment of experts and

consultants or organizations; renewal of contracts; compensation;

travel expenses

In carrying out his responsibilities under this chapter, the

Secretary is authorized to -

(1) use, with the consent of any Federal agency, the services,

facilities, and personnel of such agency, with or without

reimbursement, and with the consent of any State or political

subdivision thereof, accept and use the services, facilities, and

personnel of any agency of such State or subdivision with

reimbursement; and

(2) employ experts and consultants or organizations thereof as

authorized by section 3109 of title 5, except that contracts for

such employment may be renewed annually; compensate individuals

so employed at rates not in excess of the rate specified at the

time of service for grade GS-18 under section 5332 of title 5,

including traveltime, and allow them while away from their homes

or regular places of business, travel expenses (including per

diem in lieu of subsistence) as authorized by section 5703 of

title 5 for persons in the Government service employed

intermittently, while so employed.

-SOURCE-

(Pub. L. 91-596, Sec. 7, Dec. 29, 1970, 84 Stat. 1597; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (a)(1),

(2) and (b) pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on January 5, 1973, to terminate

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

January 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. 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.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 655 of this title.

-End-

-CITE-

29 USC Sec. 657 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 657. Inspections, investigations, and recordkeeping

-STATUTE-

(a) Authority of Secretary to enter, inspect, and investigate

places of employment; time and manner

In order to carry out the purposes of this chapter, the

Secretary, upon presenting appropriate credentials to the owner,

operator, or agent in charge, is authorized -

(1) to enter without delay and at reasonable times any factory,

plant, establishment, construction site, or other area, workplace

or environment where work is performed by an employee of an

employer; and

(2) to inspect and investigate during regular working hours and

at other reasonable times, and within reasonable limits and in a

reasonable manner, any such place of employment and all pertinent

conditions, structures, machines, apparatus, devices, equipment,

and materials therein, and to question privately any such

employer, owner, operator, agent, or employee.

(b) Attendance and testimony of witnesses and production of

evidence; enforcement of subpoena

In making his inspections and investigations under this chapter

the Secretary may require the attendance and testimony of witnesses

and the production of evidence under oath. Witnesses shall be paid

the same fees and mileage that are paid witnesses in the courts of

the United States. In case of a contumacy, failure, or refusal of

any person to obey such an order, any district court of the United

States or the United States courts of any territory or possession,

within the jurisdiction of which such person is found, or resides

or transacts business, upon the application by the Secretary, shall

have jurisdiction to issue to such person an order requiring such

person to appear to produce evidence if, as, and when so ordered,

and to give testimony relating to the matter under investigation or

in question, and any failure to obey such order of the court may be

punished by said court as a contempt thereof.

(c) Maintenance, preservation, and availability of records;

issuance of regulations; scope of records; periodic inspections

by employer; posting of notices by employer; notification of

employee of corrective action

(1) Each employer shall make, keep and preserve, and make

available to the Secretary or the Secretary of Health and Human

Services, such records regarding his activities relating to this

chapter as the Secretary, in cooperation with the Secretary of

Health and Human Services, may prescribe by regulation as necessary

or appropriate for the enforcement of this chapter or for

developing information regarding the causes and prevention of

occupational accidents and illnesses. In order to carry out the

provisions of this paragraph such regulations may include

provisions requiring employers to conduct periodic inspections. The

Secretary shall also issue regulations requiring that employers,

through posting of notices or other appropriate means, keep their

employees informed of their protections and obligations under this

chapter, including the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of Health

and Human Services, shall prescribe regulations requiring employers

to maintain accurate records of, and to make periodic reports on,

work-related deaths, injuries and illnesses other than minor

injuries requiring only first aid treatment and which do not

involve medical treatment, loss of consciousness, restriction of

work or motion, or transfer to another job.

(3) The Secretary, in cooperation with the Secretary of Health

and Human Services, shall issue regulations requiring employers to

maintain accurate records of employee exposures to potentially

toxic materials or harmful physical agents which are required to be

monitored or measured under section 655 of this title. Such

regulations shall provide employees or their representatives with

an opportunity to observe such monitoring or measuring, and to have

access to the records thereof. Such regulations shall also make

appropriate provision for each employee or former employee to have

access to such records as will indicate his own exposure to toxic

materials or harmful physical agents. Each employer shall promptly

notify any employee who has been or is being exposed to toxic

materials or harmful physical agents in concentrations or at levels

which exceed those prescribed by an applicable occupational safety

and health standard promulgated under section 655 of this title,

and shall inform any employee who is being thus exposed of the

corrective action being taken.

(d) Obtaining of information

Any information obtained by the Secretary, the Secretary of

Health and Human Services, or a State agency under this chapter

shall be obtained with a minimum burden upon employers, especially

those operating small businesses. Unnecessary duplication of

efforts in obtaining information shall be reduced to the maximum

extent feasible.

(e) Employer and authorized employee representatives to accompany

Secretary or his authorized representative on inspection of

workplace; consultation with employees where no authorized

employee representative is present

Subject to regulations issued by the Secretary, a representative

of the employer and a representative authorized by his employees

shall be given an opportunity to accompany the Secretary or his

authorized representative during the physical inspection of any

workplace under subsection (a) of this section for the purpose of

aiding such inspection. Where there is no authorized employee

representative, the Secretary or his authorized representative

shall consult with a reasonable number of employees concerning

matters of health and safety in the workplace.

(f) Request for inspection by employees or representative of

employees; grounds; procedure; determination of request;

notification of Secretary or representative prior to or during

any inspection of violations; procedure for review of refusal by

representative of Secretary to issue citation for alleged

violations

(1) Any employees or representative of employees who believe that

a violation of a safety or health standard exists that threatens

physical harm, or that an imminent danger exists, may request an

inspection by giving notice to the Secretary or his authorized

representative of such violation or danger. Any such notice shall

be reduced to writing, shall set forth with reasonable

particularity the grounds for the notice, and shall be signed by

the employees or representative of employees, and a copy shall be

provided the employer or his agent no later than at the time of

inspection, except that, upon the request of the person giving such

notice, his name and the names of individual employees referred to

therein shall not appear in such copy or on any record published,

released, or made available pursuant to subsection (g) of this

section. If upon receipt of such notification the Secretary

determines there are reasonable grounds to believe that such

violation or danger exists, he shall make a special inspection in

accordance with the provisions of this section as soon as

practicable, to determine if such violation or danger exists. If

the Secretary determines there are no reasonable grounds to believe

that a violation or danger exists he shall notify the employees or

representative of the employees in writing of such determination.

(2) Prior to or during any inspection of a workplace, any

employees or representative of employees employed in such workplace

may notify the Secretary or any representative of the Secretary

responsible for conducting the inspection, in writing, of any

violation of this chapter which they have reason to believe exists

in such workplace. The Secretary shall, by regulation, establish

procedures for informal review of any refusal by a representative

of the Secretary to issue a citation with respect to any such

alleged violation and shall furnish the employees or representative

of employees requesting such review a written statement of the

reasons for the Secretary's final disposition of the case.

(g) Compilation, analysis, and publication of reports and

information; rules and regulations

(1) The Secretary and Secretary of Health and Human Services are

authorized to compile, analyze, and publish, either in summary or

detailed form, all reports or information obtained under this

section.

(2) The Secretary and the Secretary of Health and Human Services

shall each prescribe such rules and regulations as he may deem

necessary to carry out their responsibilities under this chapter,

including rules and regulations dealing with the inspection of an

employer's establishment.

(h) Use of results of enforcement activities

The Secretary shall not use the results of enforcement

activities, such as the number of citations issued or penalties

assessed, to evaluate employees directly involved in enforcement

activities under this chapter or to impose quotas or goals with

regard to the results of such activities.

-SOURCE-

(Pub. L. 91-596, Sec. 8, Dec. 29, 1970, 84 Stat. 1598; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

105-198, Sec. 1, July 16, 1998, 112 Stat. 640.)

-MISC1-

AMENDMENTS

1998 - Subsec. (h). Pub. L. 105-198 added subsec. (h).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (c), (d),

and (g) pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 667, 669, 670, 673 of

this title; title 2 section 1341; title 3 section 425.

-End-

-CITE-

29 USC Sec. 658 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 658. Citations

-STATUTE-

(a) Authority to issue; grounds; contents; notice in lieu of

citation for de minimis violations

If, upon inspection or investigation, the Secretary or his

authorized representative believes that an employer has violated a

requirement of section 654 of this title, of any standard, rule or

order promulgated pursuant to section 655 of this title, or of any

regulations prescribed pursuant to this chapter, he shall with

reasonable promptness issue a citation to the employer. Each

citation shall be in writing and shall describe with particularity

the nature of the violation, including a reference to the provision

of the chapter, standard, rule, regulation, or order alleged to

have been violated. In addition, the citation shall fix a

reasonable time for the abatement of the violation. The Secretary

may prescribe procedures for the issuance of a notice in lieu of a

citation with respect to de minimis violations which have no direct

or immediate relationship to safety or health.

(b) Posting

Each citation issued under this section, or a copy or copies

thereof, shall be prominently posted, as prescribed in regulations

issued by the Secretary, at or near each place a violation referred

to in the citation occurred.

(c) Time for issuance

No citation may be issued under this section after the expiration

of six months following the occurrence of any violation.

-SOURCE-

(Pub. L. 91-596, Sec. 9, Dec. 29, 1970, 84 Stat. 1601.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 659, 666, 667 of this

title; title 2 section 1341; title 3 section 425.

-End-

-CITE-

29 USC Sec. 659 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 659. Enforcement procedures

-STATUTE-

(a) Notification of employer of proposed assessment of penalty

subsequent to issuance of citation; time for notification of

Secretary by employer of contest by employer of citation or

proposed assessment; citation and proposed assessment as final

order upon failure of employer to notify of contest and failure

of employees to file notice

If, after an inspection or investigation, the Secretary issues a

citation under section 658(a) of this title, he shall, within a

reasonable time after the termination of such inspection or

investigation, notify the employer by certified mail of the

penalty, if any, proposed to be assessed under section 666 of this

title and that the employer has fifteen working days within which

to notify the Secretary that he wishes to contest the citation or

proposed assessment of penalty. If, within fifteen working days

from the receipt of the notice issued by the Secretary the employer

fails to notify the Secretary that he intends to contest the

citation or proposed assessment of penalty, and no notice is filed

by any employee or representative of employees under subsection (c)

of this section within such time, the citation and the assessment,

as proposed, shall be deemed a final order of the Commission and

not subject to review by any court or agency.

(b) Notification of employer of failure to correct in allotted time

period violation for which citation was issued and proposed

assessment of penalty for failure to correct; time for

notification of Secretary by employer of contest by employer of

notification of failure to correct or proposed assessment;

notification or proposed assessment as final order upon failure

of employer to notify of contest

If the Secretary has reason to believe that an employer has

failed to correct a violation for which a citation has been issued

within the period permitted for its correction (which period shall

not begin to run until the entry of a final order by the Commission

in the case of any review proceedings under this section initiated

by the employer in good faith and not solely for delay or avoidance

of penalties), the Secretary shall notify the employer by certified

mail of such failure and of the penalty proposed to be assessed

under section 666 of this title by reason of such failure, and that

the employer has fifteen working days within which to notify the

Secretary that he wishes to contest the Secretary's notification or

the proposed assessment of penalty. If, within fifteen working days

from the receipt of notification issued by the Secretary, the

employer fails to notify the Secretary that he intends to contest

the notification or proposed assessment of penalty, the

notification or proposed assessment of penalty, the notification

and assessment, as proposed, shall be deemed a final order of the

Commission and not subject to review by any court or agency.

(c) Advisement of Commission by Secretary of notification of

contest by employer of citation or notification or of filing of

notice by any employee or representative of employees; hearing by

Commission; orders of Commission and Secretary; rules of

procedure

If an employer notifies the Secretary that he intends to contest

a citation issued under section 658(a) of this title or

notification issued under subsection (a) or (b) of this section, or

if, within fifteen working days of the issuance of a citation under

section 658(a) of this title, any employee or representative of

employees files a notice with the Secretary alleging that the

period of time fixed in the citation for the abatement of the

violation is unreasonable, the Secretary shall immediately advise

the Commission of such notification, and the Commission shall

afford an opportunity for a hearing (in accordance with section 554

of title 5 but without regard to subsection (a)(3) of such

section). The Commission shall thereafter issue an order, based on

findings of fact, affirming, modifying, or vacating the Secretary's

citation or proposed penalty, or directing other appropriate

relief, and such order shall become final thirty days after its

issuance. Upon a showing by an employer of a good faith effort to

comply with the abatement requirements of a citation, and that

abatement has not been completed because of factors beyond his

reasonable control, the Secretary, after an opportunity for a

hearing as provided in this subsection, shall issue an order

affirming or modifying the abatement requirements in such citation.

The rules of procedure prescribed by the Commission shall provide

affected employees or representatives of affected employees an

opportunity to participate as parties to hearings under this

subsection.

-SOURCE-

(Pub. L. 91-596, Sec. 10, Dec. 29, 1970, 84 Stat. 1601.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 660, 666, 667 of this

title; title 2 section 1341; title 3 section 425.

-End-

-CITE-

29 USC Sec. 660 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 660. Judicial review

-STATUTE-

(a) Filing of petition by persons adversely affected or aggrieved;

orders subject to review; jurisdiction; venue; procedure;

conclusiveness of record and findings of Commission; appropriate

relief; finality of judgment

Any person adversely affected or aggrieved by an order of the

Commission issued under subsection (c) of section 659 of this title

may obtain a review of such order in any United States court of

appeals for the circuit in which the violation is alleged to have

occurred or where the employer has its principal office, or in the

Court of Appeals for the District of Columbia Circuit, by filing in

such court within sixty days following the issuance of such order a

written petition praying that the order be modified or set aside. A

copy of such petition shall be forthwith transmitted by the clerk

of the court to the Commission and to the other parties, and

thereupon the Commission shall file in the court the record in the

proceeding as provided in section 2112 of title 28. Upon such

filing, the court shall have jurisdiction of the proceeding and of

the question determined therein, and shall have power to grant such

temporary relief or restraining order as it deems just and proper,

and to make and enter upon the pleadings, testimony, and

proceedings set forth in such record a decree affirming, modifying,

or setting aside in whole or in part, the order of the Commission

and enforcing the same to the extent that such order is affirmed or

modified. The commencement of proceedings under this subsection

shall not, unless ordered by the court, operate as a stay of the

order of the Commission. No objection that has not been urged

before the Commission shall be considered by the court, unless the

failure or neglect to urge such objection shall be excused because

of extraordinary circumstances. The findings of the Commission with

respect to questions of fact, if supported by substantial evidence

on the record considered as a whole, shall be conclusive. If any

party shall apply to the court for leave to adduce additional

evidence and shall show to the satisfaction of the court that such

additional evidence is material and that there were reasonable

grounds for the failure to adduce such evidence in the hearing

before the Commission, the court may order such additional evidence

to be taken before the Commission and to be made a part of the

record. The Commission may modify its findings as to the facts, or

make new findings, by reason of additional evidence so taken and

filed, and it shall file such modified or new findings, which

findings with respect to questions of fact, if supported by

substantial evidence on the record considered as a whole, shall be

conclusive, and its recommendations, if any, for the modification

or setting aside of its original order. Upon the filing of the

record with it, the jurisdiction of the court shall be exclusive

and its judgment and decree shall be final, except that the same

shall be subject to review by the Supreme Court of the United

States, as provided in section 1254 of title 28.

(b) Filing of petition by Secretary; orders subject to review;

jurisdiction; venue; procedure; conclusiveness of record and

findings of Commission; enforcement of orders; contempt

proceedings

The Secretary may also obtain review or enforcement of any final

order of the Commission by filing a petition for such relief in the

United States court of appeals for the circuit in which the alleged

violation occurred or in which the employer has its principal

office, and the provisions of subsection (a) of this section shall

govern such proceedings to the extent applicable. If no petition

for review, as provided in subsection (a) of this section, is filed

within sixty days after service of the Commission's order, the

Commission's findings of fact and order shall be conclusive in

connection with any petition for enforcement which is filed by the

Secretary after the expiration of such sixty-day period. In any

such case, as well as in the case of a noncontested citation or

notification by the Secretary which has become a final order of the

Commission under subsection (a) or (b) of section 659 of this

title, the clerk of the court, unless otherwise ordered by the

court, shall forthwith enter a decree enforcing the order and shall

transmit a copy of such decree to the Secretary and the employer

named in the petition. In any contempt proceeding brought to

enforce a decree of a court of appeals entered pursuant to this

subsection or subsection (a) of this section, the court of appeals

may assess the penalties provided in section 666 of this title, in

addition to invoking any other available remedies.

(c) Discharge or discrimination against employee for exercise of

rights under this chapter; prohibition; procedure for relief

(1) No person shall discharge or in any manner discriminate

against any employee because such employee has filed any complaint

or instituted or caused to be instituted any proceeding under or

related to this chapter or has testified or is about to testify in

any such proceeding or because of the exercise by such employee on

behalf of himself or others of any right afforded by this chapter.

(2) Any employee who believes that he has been discharged or

otherwise discriminated against by any person in violation of this

subsection may, within thirty days after such violation occurs,

file a complaint with the Secretary alleging such discrimination.

Upon receipt of such complaint, the Secretary shall cause such

investigation to be made as he deems appropriate. If upon such

investigation, the Secretary determines that the provisions of this

subsection have been violated, he shall bring an action in any

appropriate United States district court against such person. In

any such action the United States district courts shall have

jurisdiction, for cause shown to restrain violations of paragraph

(1) of this subsection and order all appropriate relief including

rehiring or reinstatement of the employee to his former position

with back pay.

(3) Within 90 days of the receipt of a complaint filed under this

subsection the Secretary shall notify the complainant of his

determination under paragraph (2) of this subsection.

-SOURCE-

(Pub. L. 91-596, Sec. 11, Dec. 29, 1970, 84 Stat. 1602; Pub. L.

98-620, title IV, Sec. 402(32), Nov. 8, 1984, 98 Stat. 3360.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-620 struck out provision requiring

expeditious hearing of petitions filed under this subsection.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 2651.

-End-

-CITE-

29 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 661. Occupational Safety and Health Review Commission

-STATUTE-

(a) Establishment; membership; appointment; Chairman

The Occupational Safety and Health Review Commission is hereby

established. The Commission shall be composed of three members who

shall be appointed by the President, by and with the advice and

consent of the Senate, from among persons who by reason of

training, education, or experience are qualified to carry out the

functions of the Commission under this chapter. The President shall

designate one of the members of the Commission to serve as

Chairman.

(b) Terms of office; removal by President

The terms of members of the Commission shall be six years except

that (1) the members of the Commission first taking office shall

serve, as designated by the President at the time of appointment,

one for a term of two years, one for a term of four years, and one

for a term of six years, and (2) a vacancy caused by the death,

resignation, or removal of a member prior to the expiration of the

term for which he was appointed shall be filled only for the

remainder of such unexpired term. A member of the Commission may be

removed by the President for inefficiency, neglect of duty, or

malfeasance in office.

(c) Omitted

(d) Principal office; hearings or other proceedings at other places

The principal office of the Commission shall be in the District

of Columbia. Whenever the Commission deems that the convenience of

the public or of the parties may be promoted, or delay or expense

may be minimized, it may hold hearings or conduct other proceedings

at any other place.

(e) Functions and duties of Chairman; appointment and compensation

of administrative law judges and other employees

The Chairman shall be responsible on behalf of the Commission for

the administrative operations of the Commission and shall appoint

such administrative law judges and other employees as he deems

necessary to assist in the performance of the Commission's

functions and to fix their compensation in accordance with the

provisions of chapter 51 and subchapter III of chapter 53 of title

5 relating to classification and General Schedule pay rates:

Provided, That assignment, removal and compensation of

administrative law judges shall be in accordance with sections

3105, 3344, 5372, and 7521 of title 5.

(f) Quorum; official action

For the purpose of carrying out its functions under this chapter,

two members of the Commission shall constitute a quorum and

official action can be taken only on the affirmative vote of at

least two members.

(g) Hearings and records open to public; promulgation of rules;

applicability of Federal Rules of Civil Procedure

Every official act of the Commission shall be entered of record,

and its hearings and records shall be open to the public. The

Commission is authorized to make such rules as are necessary for

the orderly transaction of its proceedings. Unless the Commission

has adopted a different rule, its proceedings shall be in

accordance with the Federal Rules of Civil Procedure.

(h) Depositions and production of documentary evidence; fees

The Commission may order testimony to be taken by deposition in

any proceeding pending before it at any state of such proceeding.

Any person may be compelled to appear and depose, and to produce

books, papers, or documents, in the same manner as witnesses may be

compelled to appear and testify and produce like documentary

evidence before the Commission. Witnesses whose depositions are

taken under this subsection, and the persons taking such

depositions, shall be entitled to the same fees as are paid for

like services in the courts of the United States.

(i) Investigatory powers

For the purpose of any proceeding before the Commission, the

provisions of section 161 of this title are hereby made applicable

to the jurisdiction and powers of the Commission.

(j) Administrative law judges; determinations; report as final

order of Commission

A(!1) administrative law judge appointed by the Commission shall

hear, and make a determination upon, any proceeding instituted

before the Commission and any motion in connection therewith,

assigned to such administrative law judge by the Chairman of the

Commission, and shall make a report of any such determination which

constitutes his final disposition of the proceedings. The report of

the administrative law judge shall become the final order of the

Commission within thirty days after such report by the

administrative law judge, unless within such period any Commission

member has directed that such report shall be reviewed by the

Commission.

(k) Appointment and compensation of administrative law judges

Except as otherwise provided in this chapter, the administrative

law judges shall be subject to the laws governing employees in the

classified civil service, except that appointments shall be made

without regard to section 5108 of title 5. Each administrative law

judge shall receive compensation at a rate not less than that

prescribed for GS-16 under section 5332 of title 5.

-SOURCE-

(Pub. L. 91-596, Sec. 12, Dec. 29, 1970, 84 Stat. 1603; Pub. L.

95-251, Sec. 2(a)(7), Mar. 27, 1978, 92 Stat. 183.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (e), is set out

under section 5332 of Title 5, Government Organization and

Employees.

The Federal Rules of Civil Procedure, referred to in subsec. (g),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-COD-

CODIFICATION

Subsec. (c) of this section amended sections 5314 and 5315 of

Title 5, Government Organization and Employees.

In subsec. (e), reference to section 5372 of title 5 was

substituted for section 5362 on authority of Pub. L. 95-454, Sec.

801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated

sections 5361 through 5365 of title 5 as sections 5371 through

5375.

-MISC1-

AMENDMENTS

1978 - Subsecs. (e), (j), (k). Pub. L. 95-251 substituted

"administrative law judge" and "administrative law judges" for

"hearing examiner" and "hearing examiners", respectively, wherever

appearing.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-FOOTNOTE-

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

-End-

-CITE-

29 USC Sec. 662 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 662. Injunction proceedings

-STATUTE-

(a) Petition by Secretary to restrain imminent dangers; scope of

order

The United States district courts shall have jurisdiction, upon

petition of the Secretary, to restrain any conditions or practices

in any place of employment which are such that a danger exists

which could reasonably be expected to cause death or serious

physical harm immediately or before the imminence of such danger

can be eliminated through the enforcement procedures otherwise

provided by this chapter. Any order issued under this section may

require such steps to be taken as may be necessary to avoid,

correct, or remove such imminent danger and prohibit the employment

or presence of any individual in locations or under conditions

where such imminent danger exists, except individuals whose

presence is necessary to avoid, correct, or remove such imminent

danger or to maintain the capacity of a continuous process

operation to resume normal operations without a complete cessation

of operations, or where a cessation of operations is necessary, to

permit such to be accomplished in a safe and orderly manner.

(b) Appropriate injunctive relief or temporary restraining order

pending outcome of enforcement proceeding; applicability of Rule

65 of Federal Rules of Civil Procedure

Upon the filing of any such petition the district court shall

have jurisdiction to grant such injunctive relief or temporary

restraining order pending the outcome of an enforcement proceeding

pursuant to this chapter. The proceeding shall be as provided by

Rule 65 of the Federal Rules, Civil Procedure, except that no

temporary restraining order issued without notice shall be

effective for a period longer than five days.

(c) Notification of affected employees and employers by inspector

of danger and of recommendation to Secretary to seek relief

Whenever and as soon as an inspector concludes that conditions or

practices described in subsection (a) of this section exist in any

place of employment, he shall inform the affected employees and

employers of the danger and that he is recommending to the

Secretary that relief be sought.

(d) Failure of Secretary to seek relief; writ of mandamus

If the Secretary arbitrarily or capriciously fails to seek relief

under this section, any employee who may be injured by reason of

such failure, or the representative of such employees, might bring

an action against the Secretary in the United States district court

for the district in which the imminent danger is alleged to exist

or the employer has its principal office, or for the District of

Columbia, for a writ of mandamus to compel the Secretary to seek

such an order and for such further relief as may be appropriate.

-SOURCE-

(Pub. L. 91-596, Sec. 13, Dec. 29, 1970, 84 Stat. 1605.)

-REFTEXT-

REFERENCES IN TEXT

Rule 65 of the Federal Rules of Civil Procedures, referred to in

subsec. (b), is set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1341; title 3

section 425.

-End-

-CITE-

29 USC Sec. 663 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 663. Representation in civil litigation

-STATUTE-

Except as provided in section 518(a) of title 28 relating to

litigation before the Supreme Court, the Solicitor of Labor may

appear for and represent the Secretary in any civil litigation

brought under this chapter but all such litigations shall be

subject to the direction and control of the Attorney General.

-SOURCE-

(Pub. L. 91-596, Sec. 14, Dec. 29, 1970, 84 Stat. 1606.)

-End-

-CITE-

29 USC Sec. 664 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 664. Disclosure of trade secrets; protective orders

-STATUTE-

All information reported to or otherwise obtained by the

Secretary or his representative in connection with any inspection

or proceeding under this chapter which contains or which might

reveal a trade secret referred to in section 1905 of title 18 shall

be considered confidential for the purpose of that section, except

that such information may be disclosed to other officers or

employees concerned with carrying out this chapter or when relevant

in any proceeding under this chapter. In any such proceeding the

Secretary, the Commission, or the court shall issue such orders as

may be appropriate to protect the confidentiality of trade secrets.

-SOURCE-

(Pub. L. 91-596, Sec. 15, Dec. 29, 1970, 84 Stat. 1606.)

-End-

-CITE-

29 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 665. Variations, tolerances, and exemptions from required

provisions; procedure; duration

-STATUTE-

The Secretary, on the record, after notice and opportunity for a

hearing may provide such reasonable limitations and may make such

rules and regulations allowing reasonable variations, tolerances,

and exemptions to and from any or all provisions of this chapter as

he may find necessary and proper to avoid serious impairment of the

national defense. Such action shall not be in effect for more than

six months without notification to affected employees and an

opportunity being afforded for a hearing.

-SOURCE-

(Pub. L. 91-596, Sec. 16, Dec. 29, 1970, 84 Stat. 1606.)

-End-

-CITE-

29 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 666. Civil and criminal penalties

-STATUTE-

(a) Willful or repeated violation

Any employer who willfully or repeatedly violates the

requirements of section 654 of this title, any standard, rule, or

order promulgated pursuant to section 655 of this title, or

regulations prescribed pursuant to this chapter may be assessed a

civil penalty of not more than $70,000 for each violation, but not

less than $5,000 for each willful violation.

(b) Citation for serious violation

Any employer who has received a citation for a serious violation

of the requirements of section 654 of this title, of any standard,

rule, or order promulgated pursuant to section 655 of this title,

or of any regulations prescribed pursuant to this chapter, shall be

assessed a civil penalty of up to $7,000 for each such violation.

(c) Citation for violation determined not serious

Any employer who has received a citation for a violation of the

requirements of section 654 of this title, of any standard, rule,

or order promulgated pursuant to section 655 of this title, or of

regulations prescribed pursuant to this chapter, and such violation

is specifically determined not to be of a serious nature, may be

assessed a civil penalty of up to $7,000 for each such violation.

(d) Failure to correct violation

Any employer who fails to correct a violation for which a

citation has been issued under section 658(a) of this title within

the period permitted for its correction (which period shall not

begin to run until the date of the final order of the Commission in

the case of any review proceeding under section 659 of this title

initiated by the employer in good faith and not solely for delay or

avoidance of penalties), may be assessed a civil penalty of not

more than $7,000 for each day during which such failure or

violation continues.

(e) Willful violation causing death to employee

Any employer who willfully violates any standard, rule, or order

promulgated pursuant to section 655 of this title, or of any

regulations prescribed pursuant to this chapter, and that violation

caused death to any employee, shall, upon conviction, be punished

by a fine of not more than $10,000 or by imprisonment for not more

than six months, or by both; except that if the conviction is for a

violation committed after a first conviction of such person,

punishment shall be by a fine of not more than $20,000 or by

imprisonment for not more than one year, or by both.

(f) Giving advance notice of inspection

Any person who gives advance notice of any inspection to be

conducted under this chapter, without authority from the Secretary

or his designees, shall, upon conviction, be punished by a fine of

not more than $1,000 or by imprisonment for not more than six

months, or by both.

(g) False statements, representations or certification

Whoever knowingly makes any false statement, representation, or

certification in any application, record, report, plan, or other

document filed or required to be maintained pursuant to this

chapter shall, upon conviction, be punished by a fine of not more

than $10,000, or by imprisonment for not more than six months, or

by both.

(h) Omitted

(i) Violation of posting requirements

Any employer who violates any of the posting requirements, as

prescribed under the provisions of this chapter, shall be assessed

a civil penalty of up to $7,000 for each violation.

(j) Authority of Commission to assess civil penalties

The Commission shall have authority to assess all civil penalties

provided in this section, giving due consideration to the

appropriateness of the penalty with respect to the size of the

business of the employer being charged, the gravity of the

violation, the good faith of the employer, and the history of

previous violations.

(k) Determination of serious violation

For purposes of this section, a serious violation shall be deemed

to exist in a place of employment if there is a substantial

probability that death or serious physical harm could result from a

condition which exists, or from one or more practices, means,

methods, operations, or processes which have been adopted or are in

use, in such place of employment unless the employer did not, and

could not with the exercise of reasonable diligence, know of the

presence of the violation.

(g742l) Procedure for payment of civil penalties

Civil penalties owed under this chapter shall be paid to the

Secretary for deposit into the Treasury of the United States and

shall accrue to the United States and may be recovered in a civil

action in the name of the United States brought in the United

States district court for the district where the violation is

alleged to have occurred or where the employer has its principal

office.

-SOURCE-

(Pub. L. 91-596, Sec. 17, Dec. 29, 1970, 84 Stat. 1606, 1607; Pub.

L. 101-508, title III, Sec. 3101, Nov. 5, 1990, 104 Stat. 1388-29.)

-COD-

CODIFICATION

Subsec. (h) of this section amended section 1114 of Title 18,

Crimes and Criminal Procedure, and enacted note set out thereunder.

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 3101(1), substituted

"$70,000 for each violation, but not less than $5,000 for each

willful violation" for "$10,000 for each violation".

Subsecs. (b) to (d), (i). Pub. L. 101-508, Sec. 3101(2),

substituted "$7,000" for "$1,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 659, 660, 667 of this

title.

-End-

-CITE-

29 USC Sec. 667 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 667. State jurisdiction and plans

-STATUTE-

(a) Assertion of State standards in absence of applicable Federal

standards

Nothing in this chapter shall prevent any State agency or court

from asserting jurisdiction under State law over any occupational

safety or health issue with respect to which no standard is in

effect under section 655 of this title.

(b) Submission of State plan for development and enforcement of

State standards to preempt applicable Federal standards

Any State which, at any time, desires to assume responsibility

for development and enforcement therein of occupational safety and

health standards relating to any occupational safety or health

issue with respect to which a Federal standard has been promulgated

under section 655 of this title shall submit a State plan for the

development of such standards and their enforcement.

(c) Conditions for approval of plan

The Secretary shall approve the plan submitted by a State under

subsection (b) of this section, or any modification thereof, if

such plan in his judgment -

(1) designates a State agency or agencies as the agency or

agencies responsible for administering the plan throughout the

State,

(2) provides for the development and enforcement of safety and

health standards relating to one or more safety or health issues,

which standards (and the enforcement of which standards) are or

will be at least as effective in providing safe and healthful

employment and places of employment as the standards promulgated

under section 655 of this title which relate to the same issues,

and which standards, when applicable to products which are

distributed or used in interstate commerce, are required by

compelling local conditions and do not unduly burden interstate

commerce,

(3) provides for a right of entry and inspection of all

workplaces subject to this chapter which is at least as effective

as that provided in section 657 of this title, and includes a

prohibition on advance notice of inspections,

(4) contains satisfactory assurances that such agency or

agencies have or will have the legal authority and qualified

personnel necessary for the enforcement of such standards,

(5) gives satisfactory assurances that such State will devote

adequate funds to the administration and enforcement of such

standards,

(6) contains satisfactory assurances that such State will, to

the extent permitted by its law, establish and maintain an

effective and comprehensive occupational safety and health

program applicable to all employees of public agencies of the

State and its political subdivisions, which program is as

effective as the standards contained in an approved plan,

(7) requires employers in the State to make reports to the

Secretary in the same manner and to the same extent as if the

plan were not in effect, and

(8) provides that the State agency will make such reports to

the Secretary in such form and containing such information, as

the Secretary shall from time to time require.

(d) Rejection of plan; notice and opportunity for hearing

If the Secretary rejects a plan submitted under subsection (b) of

this section, he shall afford the State submitting the plan due

notice and opportunity for a hearing before so doing.

(e) Discretion of Secretary to exercise authority over comparable

standards subsequent to approval of State plan; duration;

retention of jurisdiction by Secretary upon determination of

enforcement of plan by State

After the Secretary approves a State plan submitted under

subsection (b) of this section, he may, but shall not be required

to, exercise his authority under sections 657, 658, 659, 662, and

666 of this title with respect to comparable standards promulgated

under section 655 of this title, for the period specified in the

next sentence. The Secretary may exercise the authority referred to

above until he determines, on the basis of actual operations under

the State plan, that the criteria set forth in subsection (c) of

this section are being applied, but he shall not make such

determination for at least three years after the plan's approval

under subsection (c) of this section. Upon making the determination

referred to in the preceding sentence, the provisions of sections

654(a)(2), 657 (except for the purpose of carrying out subsection

(f) of this section), 658, 659, 662, and 666 of this title, and

standards promulgated under section 655 of this title, shall not

apply with respect to any occupational safety or health issues

covered under the plan, but the Secretary may retain jurisdiction

under the above provisions in any proceeding commenced under

section 658 or 659 of this title before the date of determination.

(f) Continuing evaluation by Secretary of State enforcement of

approved plan; withdrawal of approval of plan by Secretary;

grounds; procedure; conditions for retention of jurisdiction by

State

The Secretary shall, on the basis of reports submitted by the

State agency and his own inspections make a continuing evaluation

of the manner in which each State having a plan approved under this

section is carrying out such plan. Whenever the Secretary finds,

after affording due notice and opportunity for a hearing, that in

the administration of the State plan there is a failure to comply

substantially with any provision of the State plan (or any

assurance contained therein), he shall notify the State agency of

his withdrawal of approval of such plan and upon receipt of such

notice such plan shall cease to be in effect, but the State may

retain jurisdiction in any case commenced before the withdrawal of

the plan in order to enforce standards under the plan whenever the

issues involved do not relate to the reasons for the withdrawal of

the plan.

(g) Judicial review of Secretary's withdrawal of approval or

rejection of plan; jurisdiction; venue; procedure; appropriate

relief; finality of judgment

The State may obtain a review of a decision of the Secretary

withdrawing approval of or rejecting its plan by the United States

court of appeals for the circuit in which the State is located by

filing in such court within thirty days following receipt of notice

of such decision a petition to modify or set aside in whole or in

part the action of the Secretary. A copy of such petition shall

forthwith be served upon the Secretary, and thereupon the Secretary

shall certify and file in the court the record upon which the

decision complained of was issued as provided in section 2112 of

title 28. Unless the court finds that the Secretary's decision in

rejecting a proposed State plan or withdrawing his approval of such

a plan is not supported by substantial evidence the court shall

affirm the Secretary's decision. The judgment of the court shall be

subject to review by the Supreme Court of the United States upon

certiorari or certification as provided in section 1254 of title

28.

(h) Temporary enforcement of State standards

The Secretary may enter into an agreement with a State under

which the State will be permitted to continue to enforce one or

more occupational health and safety standards in effect in such

State until final action is taken by the Secretary with respect to

a plan submitted by a State under subsection (b) of this section,

or two years from December 29, 1970, whichever is earlier.

-SOURCE-

(Pub. L. 91-596, Sec. 18, Dec. 29, 1970, 84 Stat. 1608.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 670, 671a, 672 of this

title; title 7 section 1942.

-End-

-CITE-

29 USC Sec. 668 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 668. Programs of Federal agencies

-STATUTE-

(a) Establishment, development, and maintenance by head of each

Federal agency

It shall be the responsibility of the head of each Federal agency

(not including the United States Postal Service) to establish and

maintain an effective and comprehensive occupational safety and

health program which is consistent with the standards promulgated

under section 655 of this title. The head of each agency shall

(after consultation with representatives of the employees thereof)

-

(1) provide safe and healthful places and conditions of

employment, consistent with the standards set under section 655

of this title;

(2) acquire, maintain, and require the use of safety equipment,

personal protective equipment, and devices reasonably necessary

to protect employees;

(3) keep adequate records of all occupational accidents and

illnesses for proper evaluation and necessary corrective action;

(4) consult with the Secretary with regard to the adequacy as

to form and content of records kept pursuant to subsection (a)(3)

of this section; and

(5) make an annual report to the Secretary with respect to

occupational accidents and injuries and the agency's program

under this section. Such report shall include any report

submitted under section 7902(e)(2) of title 5.

(b) Report by Secretary to President

The Secretary shall report to the President a summary or digest

of reports submitted to him under subsection (a)(5) of this

section, together with his evaluations of and recommendations

derived from such reports.

(c) Omitted

(d) Access by Secretary to records and reports required of agencies

The Secretary shall have access to records and reports kept and

filed by Federal agencies pursuant to subsections (a)(3) and (5) of

this section unless those records and reports are specifically

required by Executive order to be kept secret in the interest of

the national defense or foreign policy, in which case the Secretary

shall have access to such information as will not jeopardize

national defense or foreign policy.

-SOURCE-

(Pub. L. 91-596, Sec. 19, Dec. 29, 1970, 84 Stat. 1609; Pub. L.

97-375, title I, Sec. 110(c), Dec. 21, 1982, 96 Stat. 1821; Pub. L.

105-241, Sec. 2(b)(1), Sept. 28, 1998, 112 Stat. 1572.)

-COD-

CODIFICATION

Subsec. (c) of this section amended section 7902 of Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-241 inserted "(not including the

United States Postal Service)" after "each Federal agency".

1982 - Subsec. (b). Pub. L. 97-375 struck out direction that the

President transmit annually to the Senate and House a report of the

activities of Federal agencies under this section.

OCCUPATIONAL SAFETY AND HEALTH PROGRAMS FOR FEDERAL EMPLOYEES

Occupational safety and health programs for Federal employees and

continuation of Federal Advisory Council on Occupational Safety and

Health, see Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set

out as a note under section 7902 of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 3 section 425; title 39

section 410.

-End-

-CITE-

29 USC Sec. 669 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 669. Research and related activities

-STATUTE-

(a) Authority of Secretary of Health and Human Services to conduct

research, experiments, and demonstrations, develop plans,

establish criteria, promulgate regulations, authorize programs,

and publish results and industrywide studies; consultations

(1) The Secretary of Health and Human Services, after

consultation with the Secretary and with other appropriate Federal

departments or agencies, shall conduct (directly or by grants or

contracts) research, experiments, and demonstrations relating to

occupational safety and health, including studies of psychological

factors involved, and relating to innovative methods, techniques,

and approaches for dealing with occupational safety and health

problems.

(2) The Secretary of Health and Human Services shall from time to

time consult with the Secretary in order to develop specific plans

for such research, demonstrations, and experiments as are necessary

to produce criteria, including criteria identifying toxic

substances, enabling the Secretary to meet his responsibility for

the formulation of safety and health standards under this chapter;

and the Secretary of Health and Human Services, on the basis of

such research, demonstrations, and experiments and any other

information available to him, shall develop and publish at least

annually such criteria as will effectuate the purposes of this

chapter.

(3) The Secretary of Health and Human Services, on the basis of

such research, demonstrations, and experiments, and any other

information available to him, shall develop criteria dealing with

toxic materials and harmful physical agents and substances which

will describe exposure levels that are safe for various periods of

employment, including but not limited to the exposure levels at

which no employee will suffer impaired health or functional

capacities or diminished life expectancy as a result of his work

experience.

(4) The Secretary of Health and Human Services shall also conduct

special research, experiments, and demonstrations relating to

occupational safety and health as are necessary to explore new

problems, including those created by new technology in occupational

safety and health, which may require ameliorative action beyond

that which is otherwise provided for in the operating provisions of

this chapter. The Secretary of Health and Human Services shall also

conduct research into the motivational and behavioral factors

relating to the field of occupational safety and health.

(5) The Secretary of Health and Human Services, in order to

comply with his responsibilities under paragraph (2), and in order

to develop needed information regarding potentially toxic

substances or harmful physical agents, may prescribe regulations

requiring employers to measure, record, and make reports on the

exposure of employees to substances or physical agents which the

Secretary of Health and Human Services reasonably believes may

endanger the health or safety of employees. The Secretary of Health

and Human Services also is authorized to establish such programs of

medical examinations and tests as may be necessary for determining

the incidence of occupational illnesses and the susceptibility of

employees to such illnesses. Nothing in this or any other provision

of this chapter shall be deemed to authorize or require medical

examination, immunization, or treatment for those who object

thereto on religious grounds, except where such is necessary for

the protection of the health or safety of others. Upon the request

of any employer who is required to measure and record exposure of

employees to substances or physical agents as provided under this

subsection, the Secretary of Health and Human Services shall

furnish full financial or other assistance to such employer for the

purpose of defraying any additional expense incurred by him in

carrying out the measuring and recording as provided in this

subsection.

(6) The Secretary of Health and Human Services shall publish

within six months of December 29, 1970, and thereafter as needed

but at least annually a list of all known toxic substances by

generic family or other useful grouping, and the concentrations at

which such toxicity is known to occur. He shall determine following

a written request by any employer or authorized representative of

employees, specifying with reasonable particularity the grounds on

which the request is made, whether any substance normally found in

the place of employment has potentially toxic effects in such

concentrations as used or found; and shall submit such

determination both to employers and affected employees as soon as

possible. If the Secretary of Health and Human Services determines

that any substance is potentially toxic at the concentrations in

which it is used or found in a place of employment, and such

substance is not covered by an occupational safety or health

standard promulgated under section 655 of this title, the Secretary

of Health and Human Services shall immediately submit such

determination to the Secretary, together with all pertinent

criteria.

(7) Within two years of December 29, 1970, and annually

thereafter the Secretary of Health and Human Services shall conduct

and publish industrywide studies of the effect of chronic or

low-level exposure to industrial materials, processes, and stresses

on the potential for illness, disease, or loss of functional

capacity in aging adults.

(b) Authority of Secretary of Health and Human Services to make

inspections and question employers and employees

The Secretary of Health and Human Services is authorized to make

inspections and question employers and employees as provided in

section 657 of this title in order to carry out his functions and

responsibilities under this section.

(c) Contracting authority of Secretary of Labor; cooperation

between Secretary of Labor and Secretary of Health and Human

Services

The Secretary is authorized to enter into contracts, agreements,

or other arrangements with appropriate public agencies or private

organizations for the purpose of conducting studies relating to his

responsibilities under this chapter. In carrying out his

responsibilities under this subsection, the Secretary shall

cooperate with the Secretary of Health and Human Services in order

to avoid any duplication of efforts under this section.

(d) Dissemination of information to interested parties

Information obtained by the Secretary and the Secretary of Health

and Human Services under this section shall be disseminated by the

Secretary to employers and employees and organizations thereof.

(e) Delegation of functions of Secretary of Health and Human

Services to Director of the National Institute for Occupational

Safety and Health

The functions of the Secretary of Health and Human Services under

this chapter shall, to the extent feasible, be delegated to the

Director of the National Institute for Occupational Safety and

Health established by section 671 of this title.

-SOURCE-

(Pub. L. 91-596, Sec. 20, Dec. 29, 1970, 84 Stat. 1610; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 671 of this title.

-End-

-CITE-

29 USC Sec. 669a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 669a. Expanded research on worker health and safety

-STATUTE-

The Secretary of Health and Human Services (referred to in this

section as the "Secretary"), acting through the Director of the

National Institute of Occupational Safety and Health, shall enhance

and expand research as deemed appropriate on the health and safety

of workers who are at risk for bioterrorist threats or attacks in

the workplace, including research on the health effects of measures

taken to treat or protect such workers for diseases or disorders

resulting from a bioterrorist threat or attack. Nothing in this

section may be construed as establishing new regulatory authority

for the Secretary or the Director to issue or modify any

occupational safety and health rule or regulation.

-SOURCE-

(Pub. L. 107-188, title I, Sec. 153, June 12, 2002, 116 Stat. 631.)

-COD-

CODIFICATION

Section was enacted as part of the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002, and not as part

of the Occupational Safety and Health Act of 1970 which comprises

this chapter.

-End-

-CITE-

29 USC Sec. 670 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 670. Training and employee education

-STATUTE-

(a) Authority of Secretary of Health and Human Services to conduct

education and informational programs; consultations

The Secretary of Health and Human Services, after consultation

with the Secretary and with other appropriate Federal departments

and agencies, shall conduct, directly or by grants or contracts (1)

education programs to provide an adequate supply of qualified

personnel to carry out the purposes of this chapter, and (2)

informational programs on the importance of and proper use of

adequate safety and health equipment.

(b) Authority of Secretary of Labor to conduct short-term training

of personnel

The Secretary is also authorized to conduct, directly or by

grants or contracts, short-term training of personnel engaged in

work related to his responsibilities under this chapter.

(c) Authority of Secretary of Labor to establish and supervise

education and training programs and consult and advise interested

parties

The Secretary, in consultation with the Secretary of Health and

Human Services, 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 or unhealthful working conditions in employments covered by

this chapter, and (2) consult with and advise employers and

employees, and organizations representing employers and employees

as to effective means of preventing occupational injuries and

illnesses.

(d) Compliance assistance program

(1) The Secretary shall establish and support cooperative

agreements with the States under which employers subject to this

chapter may consult with State personnel with respect to -

(A) the application of occupational safety and health

requirements under this chapter or under State plans approved

under section 667 of this title; and

(B) voluntary efforts that employers may undertake to establish

and maintain safe and healthful employment and places of

employment.

Such agreements may provide, as a condition of receiving funds

under such agreements, for contributions by States towards meeting

the costs of such agreements.

(2) Pursuant to such agreements the State shall provide on-site

consultation at the employer's worksite to employers who request

such assistance. The State may also provide other education and

training programs for employers and employees in the State. The

State shall ensure that on-site consultations conducted pursuant to

such agreements include provision for the participation by

employees.

(3) Activities under this subsection shall be conducted

independently of any enforcement activity. If an employer fails to

take immediate action to eliminate employee exposure to an imminent

danger identified in a consultation or fails to correct a serious

hazard so identified within a reasonable time, a report shall be

made to the appropriate enforcement authority for such action as is

appropriate.

(4) The Secretary shall, by regulation after notice and

opportunity for comment, establish rules under which an employer -

(A) which requests and undergoes an on-site consultative visit

provided under this subsection;

(B) which corrects the hazards that have been identified during

the visit within the time frames established by the State and

agrees to request a subsequent consultative visit if major

changes in working conditions or work processes occur which

introduce new hazards in the workplace; and

(C) which is implementing procedures for regularly identifying

and preventing hazards regulated under this chapter and maintains

appropriate involvement of, and training for, management and

non-management employees in achieving safe and healthful working

conditions,

may be exempt from an inspection (except an inspection requested

under section 657(f) of this title or an inspection to determine

the cause of a workplace accident which resulted in the death of

one or more employees or hospitalization for three or more

employees) for a period of 1 year from the closing of the

consultative visit.

(5) A State shall provide worksite consultations under paragraph

(2) at the request of an employer. Priority in scheduling such

consultations shall be assigned to requests from small businesses

which are in higher hazard industries or have the most hazardous

conditions at issue in the request.

-SOURCE-

(Pub. L. 91-596, Sec. 21, Dec. 29, 1970, 84 Stat. 1612; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

105-197, Sec. 2, July 16, 1998, 112 Stat. 638.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-197 added subsec. (d).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (a) and

(c) pursuant to section 509(b) of Pub. L. 96-88 which is classified

to section 3508(b) of Title 20, Education.

-MISC2-

RETENTION OF TRAINING INSTITUTE COURSE TUITION FEES BY OSHA

Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2182, provided

in part that: "notwithstanding 31 U.S.C. 3302, the Occupational

Safety and Health Administration may retain up to $750,000 per

fiscal year of training institute course tuition fees, otherwise

authorized by law to be collected, and may utilize such sums for

occupational safety and health training and education grants".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.

2763, 2763A-8.

Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29,

1999, 113 Stat. 1535, 1501A-222.

Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998,

112 Stat. 2681-337, 2681-343.

Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1474.

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.

30, 1996, 110 Stat. 3009-233, 3009-239.

Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996,

110 Stat. 1321-211, 1321-217; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-333, title I, Sept. 30, 1994, 108 Stat. 2544.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 671 of this title.

-End-

-CITE-

29 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 671. National Institute for Occupational Safety and Health

-STATUTE-

(a) Statement of purpose

It is the purpose of this section to establish a National

Institute for Occupational Safety and Health in the Department of

Health and Human Services in order to carry out the policy set

forth in section 651 of this title and to perform the functions of

the Secretary of Health and Human Services under sections 669 and

670 of this title.

(b) Establishment; Director; appointment; term

There is hereby established in the Department of Health and Human

Services a National Institute for Occupational Safety and Health.

The Institute shall be headed by a Director who shall be appointed

by the Secretary of Health and Human Services, and who shall serve

for a term of six years unless previously removed by the Secretary

of Health and Human Services.

(c) Development and establishment of standards; performance of

functions of Secretary of Health and Human Services

The Institute is authorized to -

(1) develop and establish recommended occupational safety and

health standards; and

(2) perform all functions of the Secretary of Health and Human

Services under sections 669 and 670 of this title.

(d) Authority of Director

Upon his own initiative, or upon the request of the Secretary or

the Secretary of Health and Human Services, the Director is

authorized (1) to conduct such research and experimental programs

as he determines are necessary for the development of criteria for

new and improved occupational safety and health standards, and (2)

after consideration of the results of such research and

experimental programs make recommendations concerning new or

improved occupational safety and health standards. Any occupational

safety and health standard recommended pursuant to this section

shall immediately be forwarded to the Secretary of Labor, and to

the Secretary of Health and Human Services.

(e) Additional authority of Director

In addition to any authority vested in the Institute by other

provisions of this section, the Director, in carrying out the

functions of the Institute, is authorized to -

(1) prescribe such regulations as he deems necessary governing

the manner in which its functions shall be carried out;

(2) receive money and other property donated, bequeathed, or

devised, without condition or restriction other than that it be

used for the purposes of the Institute and to use, sell, or

otherwise dispose of such property for the purpose of carrying

out its functions;

(3) receive (and use, sell, or otherwise dispose of, in

accordance with paragraph (2)), money and other property donated,

bequeathed or devised to the Institute with a condition or

restriction, including a condition that the Institute use other

funds of the Institute for the purposes of the gift;

(4) in accordance with the civil service laws, appoint and fix

the compensation of such personnel as may be necessary to carry

out the provisions of this section;

(5) obtain the services of experts and consultants in

accordance with the provisions of section 3109 of title 5;

(6) accept and utilize the services of voluntary and

noncompensated personnel and reimburse them for travel expenses,

including per diem, as authorized by section 5703 of title 5;

(7) enter into contracts, grants or other arrangements, or

modifications thereof to carry out the provisions of this

section, and such contracts or modifications thereof may be

entered into without performance or other bonds, and without

regard to section 5 of title 41, or any other provision of law

relating to competitive bidding;

(8) make advance, progress, and other payments which the

Director deems necessary under this title without regard to the

provisions of section 3324(a) and (b) of title 31; and

(9) make other necessary expenditures.

(f) Annual reports

The Director shall submit to the Secretary of Health and Human

Services, to the President, and to the Congress an annual report of

the operations of the Institute under this chapter, which shall

include a detailed statement of all private and public funds

received and expended by it, and such recommendations as he deems

appropriate.

(g) Lead-based paint activities

(1) Training grant program

(A) The Institute, in conjunction with the Administrator of the

Environmental Protection Agency, may make grants for the training

and education of workers and supervisors who are or may be

directly engaged in lead-based paint activities.

(B) Grants referred to in subparagraph (A) shall be awarded to

nonprofit organizations (including colleges and universities,

joint labor-management trust funds, States, and nonprofit

government employee organizations) -

(i) which are engaged in the training and education of

workers and supervisors who are or who may be directly engaged

in lead-based paint activities (as defined in title IV of the

Toxic Substances Control Act [15 U.S.C. 2681 et seq.]),

(ii) which have demonstrated experience in implementing and

operating health and safety training and education programs,

and

(iii) with a demonstrated ability to reach, and involve in

lead-based paint training programs, target populations of

individuals who are or will be engaged in lead-based paint

activities.

Grants under this subsection shall be awarded only to those

organizations that fund at least 30 percent of their lead-based

paint activities training programs from non-Federal sources,

excluding in-kind contributions. Grants may also be made to local

governments to carry out such training and education for their

employees.

(C) There are authorized to be appropriated, at a minimum,

$10,000,000 to the Institute for each of the fiscal years 1994

through 1997 to make grants under this paragraph.

(2) Evaluation of programs

The Institute shall conduct periodic and comprehensive

assessments of the efficacy of the worker and supervisor training

programs developed and offered by those receiving grants under

this section. The Director shall prepare reports on the results

of these assessments addressed to the Administrator of the

Environmental Protection Agency to include recommendations as may

be appropriate for the revision of these programs. The sum of

$500,000 is authorized to be appropriated to the Institute for

each of the fiscal years 1994 through 1997 to carry out this

paragraph.

-SOURCE-

(Pub. L. 91-596, Sec. 22, Dec. 29, 1970, 84 Stat. 1612; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

102-550, title X, Sec. 1033, Oct. 28, 1992, 106 Stat. 3924.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (e)(4), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The Toxic Substances Control Act, referred to in subsec.

(g)(1)(B)(i), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as

amended. Title IV of the Act is classified generally to subchapter

IV (Sec. 2681 et seq.) of chapter 53 of Title 15, Commerce and

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

Short Title note set out under section 2601 of Title 15 and Tables.

-COD-

CODIFICATION

In subsec. (e)(8), "section 3324(a) and (b) of title 31"

substituted for "section 3648 of the Revised Statutes, as amended

(31 U.S.C. 529)" on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

-MISC1-

AMENDMENTS

1992 - Subsec. (g). Pub. L. 102-550 added subsec. (g).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (a) to

(d) and (f) pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(f) of this section relating to submitting annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 97 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 669 of this title.

-End-

-CITE-

29 USC Sec. 671a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 671a. Workers' family protection

-STATUTE-

(a) Short title

This section may be cited as the "Workers' Family Protection

Act".

(b) Findings and purpose

(1) Findings

Congress finds that -

(A) hazardous chemicals and substances that can threaten the

health and safety of workers are being transported out of

industries on workers' clothing and persons;

(B) these chemicals and substances have the potential to pose

an additional threat to the health and welfare of workers and

their families;

(C) additional information is needed concerning issues

related to employee transported contaminant releases; and

(D) additional regulations may be needed to prevent future

releases of this type.

(2) Purpose

It is the purpose of this section to -

(A) increase understanding and awareness concerning the

extent and possible health impacts of the problems and

incidents described in paragraph (1);

(B) prevent or mitigate future incidents of home

contamination that could adversely affect the health and safety

of workers and their families;

(C) clarify regulatory authority for preventing and

responding to such incidents; and

(D) assist workers in redressing and responding to such

incidents when they occur.

(c) Evaluation of employee transported contaminant releases

(1) Study

(A) In general

Not later than 18 months after October 26, 1992, the Director

of the National Institute for Occupational Safety and Health

(hereafter in this section referred to as the "Director"), in

cooperation with the Secretary of Labor, the Administrator of

the Environmental Protection Agency, the Administrator of the

Agency for Toxic Substances and Disease Registry, and the heads

of other Federal Government agencies as determined to be

appropriate by the Director, shall conduct a study to evaluate

the potential for, the prevalence of, and the issues related to

the contamination of workers' homes with hazardous chemicals

and substances, including infectious agents, transported from

the workplaces of such workers.

(B) Matters to be evaluated

In conducting the study and evaluation under subparagraph

(A), the Director shall -

(i) conduct a review of past incidents of home

contamination through the utilization of literature and of

records concerning past investigations and enforcement

actions undertaken by -

(I) the National Institute for Occupational Safety and

Health;

(II) the Secretary of Labor to enforce the Occupational

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);

(III) States to enforce occupational safety and health

standards in accordance with section 18 of such Act (29

U.S.C. 667); and

(IV) other government agencies (including the Department

of Energy and the Environmental Protection Agency), as the

Director may determine to be appropriate;

(ii) evaluate current statutory, regulatory, and voluntary

industrial hygiene or other measures used by small, medium

and large employers to prevent or remediate home

contamination;

(iii) compile a summary of the existing research and case

histories conducted on incidents of employee transported

contaminant releases, including -

(I) the effectiveness of workplace housekeeping practices

and personal protective equipment in preventing such

incidents;

(II) the health effects, if any, of the resulting

exposure on workers and their families;

(III) the effectiveness of normal house cleaning and

laundry procedures for removing hazardous materials and

agents from workers' homes and personal clothing;

(IV) indoor air quality, as the research concerning such

pertains to the fate of chemicals transported from a

workplace into the home environment; and

(V) methods for differentiating exposure health effects

and relative risks associated with specific agents from

other sources of exposure inside and outside the home;

(iv) identify the role of Federal and State agencies in

responding to incidents of home contamination;

(v) prepare and submit to the Task Force established under

paragraph (2) and to the appropriate committees of Congress,

a report concerning the results of the matters studied or

evaluated under clauses (i) through (iv); and

(vi) study home contamination incidents and issues and

worker and family protection policies and practices related

to the special circumstances of firefighters and prepare and

submit to the appropriate committees of Congress a report

concerning the findings with respect to such study.

(2) Development of investigative strategy

(A) Task Force

Not later than 12 months after October 26, 1992, the Director

shall establish a working group, to be known as the "Workers'

Family Protection Task Force". The Task Force shall -

(i) be composed of not more than 15 individuals to be

appointed by the Director from among individuals who are

representative of workers, industry, scientists, industrial

hygienists, the National Research Council, and government

agencies, except that not more than one such individual shall

be from each appropriate government agency and the number of

individuals appointed to represent industry and workers shall

be equal in number;

(ii) review the report submitted under paragraph (1)(B)(v);

(iii) determine, with respect to such report, the

additional data needs, if any, and the need for additional

evaluation of the scientific issues related to and the

feasibility of developing such additional data; and

(iv) if additional data are determined by the Task Force to

be needed, develop a recommended investigative strategy for

use in obtaining such information.

(B) Investigative strategy

(i) Content

The investigative strategy developed under subparagraph

(A)(iv) shall identify data gaps that can and cannot be

filled, assumptions and uncertainties associated with various

components of such strategy, a timetable for the

implementation of such strategy, and methodologies used to

gather any required data.

(ii) Peer review

The Director shall publish the proposed investigative

strategy under subparagraph (A)(iv) for public comment and

utilize other methods, including technical conferences or

seminars, for the purpose of obtaining comments concerning

the proposed strategy.

(iii) Final strategy

After the peer review and public comment is conducted under

clause (ii), the Director, in consultation with the heads of

other government agencies, shall propose a final strategy for

investigating issues related to home contamination that shall

be implemented by the National Institute for Occupational

Safety and Health and other Federal agencies for the period

of time necessary to enable such agencies to obtain the

information identified under subparagraph (A)(iii).

(C) Construction

Nothing in this section shall be construed as precluding any

government agency from investigating issues related to home

contamination using existing procedures until such time as a

final strategy is developed or from taking actions in addition

to those proposed in the strategy after its completion.

(3) Implementation of investigative strategy

Upon completion of the investigative strategy under

subparagraph (B)(iii), each Federal agency or department shall

fulfill the role assigned to it by the strategy.

(d) Regulations

(1) In general

Not later than 4 years after October 26, 1992, and periodically

thereafter, the Secretary of Labor, based on the information

developed under subsection (c) of this section and on other

information available to the Secretary, shall -

(A) determine if additional education about, emphasis on, or

enforcement of existing regulations or standards is needed and

will be sufficient, or if additional regulations or standards

are needed with regard to employee transported releases of

hazardous materials; and

(B) prepare and submit to the appropriate committees of

Congress a report concerning the result of such determination.

(2) Additional regulations or standards

If the Secretary of Labor determines that additional

regulations or standards are needed under paragraph (1), the

Secretary shall promulgate, pursuant to the Secretary's authority

under the Occupational Safety and Health Act of 1970 (29 U.S.C.

651 et seq.), such regulations or standards as determined to be

appropriate not later than 3 years after such determination.

(e) Authorization of appropriations

There are authorized to be appropriated from sums otherwise

authorized to be appropriated, for each fiscal year such sums as

may be necessary to carry out this section.

-SOURCE-

(Pub. L. 102-522, title II, Sec. 209, Oct. 26, 1992, 106 Stat.

3420.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsecs. (c)(1)(B)(i)(II) and (d)(2), is Pub. L. 91-596, Dec. 29,

1970, 84 Stat. 1590, as amended, which is classified principally to

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 651 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Fire Administration

Authorization Act of 1992, and not as part of the Occupational

Safety and Health Act of 1970 which comprises this chapter.

-End-

-CITE-

29 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 672. Grants to States

-STATUTE-

(a) Designation of State agency to assist State in identifying

State needs and responsibilities and in developing State plans

The Secretary is authorized, during the fiscal year ending June

30, 1971, and the two succeeding fiscal years, to make grants to

the States which have designated a State agency under section 667

of this title to assist them -

(1) in identifying their needs and responsibilities in the area

of occupational safety and health,

(2) in developing State plans under section 667 of this title,

or

(3) in developing plans for -

(A) establishing systems for the collection of information

concerning the nature and frequency of occupational injuries

and diseases;

(B) increasing the expertise and enforcement capabilities of

their personnel engaged in occupational safety and health

programs; or

(C) otherwise improving the administration and enforcement of

State occupational safety and health laws, including standards

thereunder, consistent with the objectives of this chapter.

(b) Experimental and demonstration projects

The Secretary is authorized, during the fiscal year ending June

30, 1971, and the two succeeding fiscal years, to make grants to

the States for experimental and demonstration projects consistent

with the objectives set forth in subsection (a) of this section.

(c) Designation by Governor of appropriate State agency for receipt

of grant

The Governor of the State shall designate the appropriate State

agency for receipt of any grant made by the Secretary under this

section.

(d) Submission of application

Any State agency designated by the Governor of the State desiring

a grant under this section shall submit an application therefor to

the Secretary.

(e) Approval or rejection of application

The Secretary shall review the application, and shall, after

consultation with the Secretary of Health and Human Services,

approve or reject such application.

(f) Federal share

The Federal share for each State grant under subsection (a) or

(b) of this section may not exceed 90 per centum of the total cost

of the application. In the event the Federal share for all States

under either such subsection is not the same, the differences among

the States shall be established on the basis of objective criteria.

(g) Administration and enforcement of programs contained in

approved State plans; Federal share

The Secretary is authorized to make grants to the States to

assist them in administering and enforcing programs for

occupational safety and health contained in State plans approved by

the Secretary pursuant to section 667 of this title. The Federal

share for each State grant under this subsection may not exceed 50

per centum of the total cost to the State of such a program. The

last sentence of subsection (f) of this section shall be applicable

in determining the Federal share under this subsection.

(h) Report to President and Congress

Prior to June 30, 1973, the Secretary shall, after consultation

with the Secretary of Health and Human Services, transmit a report

to the President and to the Congress, describing the experience

under the grant programs authorized by this section and making any

recommendations he may deem appropriate.

-SOURCE-

(Pub. L. 91-596, Sec. 23, Dec. 29, 1970, 84 Stat. 1613; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (c),

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

29 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 673. Statistics

-STATUTE-

(a) Development and maintenance of program of collection,

compilation, and analysis; employments subject to coverage; scope

In order to further the purposes of this chapter, the Secretary,

in consultation with the Secretary of Health and Human Services,

shall develop and maintain an effective program of collection,

compilation, and analysis of occupational safety and health

statistics. Such program may cover all employments whether or not

subject to any other provisions of this chapter but shall not cover

employments excluded by section 653 of this title. The Secretary

shall compile accurate statistics on work injuries and illnesses

which shall include all disabling, serious, or significant injuries

and illnesses, whether or not involving loss of time from work,

other than minor injuries requiring only first aid treatment and

which do not involve medical treatment, loss of consciousness,

restriction of work or motion, or transfer to another job.

(b) Authority of Secretary to promote, encourage, or engage in

programs, make grants, and grant or contract for research and

investigations

To carry out his duties under subsection (a) of this section, the

Secretary may -

(1) promote, encourage, or directly engage in programs of

studies, information and communication concerning occupational

safety and health statistics;

(2) make grants to States or political subdivisions thereof in

order to assist them in developing and administering programs

dealing with occupational safety and health statistics; and

(3) arrange, through grants or contracts, for the conduct of

such research and investigations as give promise of furthering

the objectives of this section.

(c) Federal share for grants

The Federal share for each grant under subsection (b) of this

section may be up to 50 per centum of the State's total cost.

(d) Utilization by Secretary of State or local services,

facilities, and employees; consent; reimbursement

The Secretary may, with the consent of any State or political

subdivision thereof, accept and use the services, facilities, and

employees of the agencies of such State or political subdivision,

with or without reimbursement, in order to assist him in carrying

out his functions under this section.

(e) Reports by employers

On the basis of the records made and kept pursuant to section

657(c) of this title, employers shall file such reports with the

Secretary as he shall prescribe by regulation, as necessary to

carry out his functions under this chapter.

(f) Supersedure of agreements between Department of Labor and

States for collection of statistics

Agreements between the Department of Labor and States pertaining

to the collection of occupational safety and health statistics

already in effect on the effective date of this chapter shall

remain in effect until superseded by grants or contracts made under

this chapter.

-SOURCE-

(Pub. L. 91-596, Sec. 24, Dec. 29, 1970, 84 Stat. 1614; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (f),

means the effective date of Pub. L. 91-596, Dec. 29, 1970, 84 Stat.

1590, which is 120 days after Dec. 29, 1970, see section 34 of Pub.

L. 91-596, set out as an Effective Date note under section 651 of

this title.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

29 USC Sec. 674 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 674. Audit of grant recipient; maintenance of records;

contents of records; access to books, etc.

-STATUTE-

(a) Each recipient of a grant under this chapter shall keep such

records as the Secretary or the Secretary of Health and Human

Services shall prescribe, including records which fully disclose

the amount and disposition by such recipient of the proceeds of

such grant, the total cost of the project or undertaking in

connection with which such grant is made or used, and the amount of

that portion of the cost of the project or undertaking supplied by

other sources, and such other records as will facilitate an

effective audit.

(b) The Secretary or the Secretary of Health and Human Services,

and the Comptroller General of the United States, or any of their

duly authorized representatives, shall have access for the purpose

of audit and examination to any books, documents, papers, and

records of the recipients of any grant under this chapter that are

pertinent to any such grant.

-SOURCE-

(Pub. L. 91-596, Sec. 25, Dec. 29, 1970, 84 Stat. 1615; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

29 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 675. Annual reports by Secretary of Labor and Secretary of

Health and Human Services; contents

-STATUTE-

Within one hundred and twenty days following the convening of

each regular session of each Congress, the Secretary and the

Secretary of Health and Human Services shall each prepare and

submit to the President for transmittal to the Congress a report

upon the subject matter of this chapter, the progress toward

achievement of the purpose of this chapter, the needs and

requirements in the field of occupational safety and health, and

any other relevant information. Such reports shall include

information regarding occupational safety and health standards, and

criteria for such standards, developed during the preceding year;

evaluation of standards and criteria previously developed under

this chapter, defining areas of emphasis for new criteria and

standards; an evaluation of the degree of observance of applicable

occupational safety and health standards, and a summary of

inspection and enforcement activity undertaken; analysis and

evaluation of research activities for which results have been

obtained under governmental and nongovernmental sponsorship; an

analysis of major occupational diseases; evaluation of available

control and measurement technology for hazards for which standards

or criteria have been developed during the preceding year;

description of cooperative efforts undertaken between Government

agencies and other interested parties in the implementation of this

chapter during the preceding year; a progress report on the

development of an adequate supply of trained manpower in the field

of occupational safety and health, including estimates of future

needs and the efforts being made by Government and others to meet

those needs; listing of all toxic substances in industrial usage

for which labeling requirements, criteria, or standards have not

yet been established; and such recommendations for additional

legislation as are deemed necessary to protect the safety and

health of the worker and improve the administration of this

chapter.

-SOURCE-

(Pub. L. 91-596, Sec. 26, Dec. 29, 1970, 84 Stat. 1615; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" in text pursuant to

section 509(b) of Pub. L. 96-88 which is classified to section

3508(b) of Title 20, Education.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the transmittal to Congress of reports prepared

by the Secretary of Labor and the Secretary of Health and Human

Services, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

pages 98 and 124 of House Document No. 103-7.

STUDY OF OCCUPATIONALLY RELATED PULMONARY AND RESPIRATORY DISEASES;

STUDY TO BE COMPLETED AND REPORT SUBMITTED BY SEPTEMBER 1, 1979

Pub. L. 95-239, Sec. 17, Mar. 1, 1978, 92 Stat. 105, authorized

Secretary of Labor, in cooperation with Director of National

Institute for Occupational Safety and Health, to conduct a study of

occupationally related pulmonary and respiratory diseases and to

complete such study and report findings to President and Congress

not later than 18 months after Mar. 1, 1978.

-End-

-CITE-

29 USC Sec. 676 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 676. Omitted

-COD-

CODIFICATION

Section, Pub. L. 91-596, Sec. 27, Dec. 29, 1970, 84 Stat. 1616,

provided for establishment of a National Commission on State

Workmen's Compensation Laws to make an effective study and

evaluation of State workmen's compensation laws to determine

whether such laws provide an adequate, prompt, and equitable system

of compensation for injury or death, with a final report to be

transmitted to President and Congress not later than July 31, 1972,

ninety days after which the Commission ceased to exist.

-End-

-CITE-

29 USC Sec. 677 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 677. Separability

-STATUTE-

If any provision of this chapter, or the application of such

provision to any person or circumstance, shall be held invalid, the

remainder of this chapter, or the application of such provision to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby.

-SOURCE-

(Pub. L. 91-596, Sec. 32, Dec. 29, 1970, 84 Stat. 1619.)

-End-

-CITE-

29 USC Sec. 678 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

-HEAD-

Sec. 678. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this chapter

for each fiscal year such sums as the Congress shall deem

necessary.

-SOURCE-

(Pub. L. 91-596, Sec. 33, Dec. 29, 1970, 84 Stat. 1620.)

-End-