Application — Republican National Committee, Applicant v. Department of Labor, Occupational Safety and Health Administration, et al.
Supreme Court briefDec 20, 2021
Ask Donna
What actually matters in this document.
Text
No. 21A_________
In The
Supreme Court of the United States
In re: MCP NO. 165, OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
RULE ON COVID-19 VACCINATION AND TESTING, 86 FED. REG. 61402
REPUBLICAN NATIONAL COMMITTEE,
Applicant,
v.
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION AND U.S.
DEPARTMENT OF LABOR,
Respondents.
APPENDIX TO EMERGENCY APPLICATION FOR
STAY PENDING JUDICIAL REVIEW
To the Honorable Brett M. Kavanaugh,
Associate Justice of the Supreme Court of the United States and
Circuit Justice for the Sixth Circuit
Dated: December 20, 2021
*Counsel of Record
MICHAEL E. TONER*
THOMAS M. JOHNSON, JR.
STEPHEN J. OBERMEIER
JEREMY J. BROGGI
KRYSTAL B. SWENDSBOE
WILEY REIN LLP
2050 M Street, NW
Washington, DC 20036
202.719.7000
Counsel for Applicant
INDEX TO APPENDIX
Appendix
1.
Page
Declaration of:
A.
Kerrey Lynch ........................................................................................ 001
B.
Michael Reed ........................................................................................ 012
2.
Occupational Safety & Health Act of 1970,
29 U.S.C. §§ 651–678 ...................................................................................... 021
3.
In re: MCP No. 165, Occupational Safety & Health Aministration
Rule on COVID-19 Vaccination and Testing (6th Cir. Dec. 17,
2021) (order dissolving stay and related opinions) ........................................ 049
Majority Opinion .................................................................................. 053
Gibbons, Circuit Judge, concurring ..................................................... 087
Larsen, Circuit Judge, dissenting........................................................ 088
4.
In re: MCP No. 165, Occupational Safety & Health Aministration
Rule on COVID-19 Vaccination and Testing (6th Cir. Dec. 15,
2021) (order denying petitions for initial review en banc and
related opinions).............................................................................................. 107
Moore, Circuit Judge, concurring in the denial of initial
hearing en banc .................................................................................... 131
Sutton, Chief Judge, dissenting from the denial of initial
hearing en banc .................................................................................... 133
Bush, Circuit Judge, dissenting from the denial of initial
hearing en banc .................................................................................... 160
5.
BST Holdings, LLC v. OSHA, 17 F.4th 604 (5th Cir. Nov. 12,
2021) (reaffirming stay pending judicial review)........................................... 170
6.
BST Holdings, LLC v. OSHA, No. 21-60845 (5th Cir. Nov. 6, 2021)
(per curiam) (issuing temporary stay pending judicial review) .................... 195
7.
COVID-19 Vaccination and Testing: Emergency Temporary
Standard, 86 Fed. Reg. 61,402 (Nov. 5, 2021) ............................................... 200
Appendix 1.A
App. 001
App. 002
App. 003
App. 004
App. 005
App. 006
App. 007
App. 008
App. 009
App. 010
App. 011
Appendix 1.B
App. 012
App. 013
App. 014
App. 015
App. 016
App. 017
App. 018
App. 019
App. 020
Appendix 2
App. 021
Page 155
CHAPTER 15—OCCUPATIONAL SAFETY AND
HEALTH
Sec.
651.
652.
653.
654.
655.
656.
657.
658.
659.
660.
661.
662.
663.
664.
665.
666.
667.
668.
669.
669a.
670.
671.
671a.
672.
673.
674.
675.
676.
677.
678.
§ 651
TITLE 29—LABOR
Congressional statement of findings and declaration of purpose and policy.
Definitions.
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.
Duties of employers and employees.
Standards.
Administration.
Inspections,
investigations,
and
recordkeeping.
Citations.
Enforcement procedures.
Judicial review.
Occupational Safety and Health Review Commission.
Injunction proceedings.
Representation in civil litigation.
Disclosure of trade secrets; protective orders.
Variations, tolerances, and exemptions from
required provisions; procedure; duration.
Civil and criminal penalties.
State jurisdiction and plans.
Programs of Federal agencies.
Research and related activities.
Expanded research on worker health and safety.
Training and employee education.
National Institute for Occupational Safety
and Health.
Workers’ family protection.
Grants to States.
Statistics.
Audit of grant recipient; maintenance of records; contents of records; access to books,
etc.
Annual reports by Secretary of Labor and
Secretary of Health and Human Services;
contents.
Omitted.
Separability.
Authorization of appropriations.
§ 651. Congressional statement of findings and
declaration of purpose and policy
(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 responsibil-
ities 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.
(Pub. L. 91–596, § 2, Dec. 29, 1970, 84 Stat. 1590.)
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. For complete classi-
App. 022
§ 652
TITLE 29—LABOR
fication of this Act to the Code, see Short Title note
set out under this section and Tables.
EFFECTIVE DATE
Pub. L. 91–596, § 34, Dec. 29, 1970, 84 Stat. 1620, 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, § 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
Pub. L. 91–596, § 1, Dec. 29, 1970, 84 Stat. 1590, 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’.’’
§ 652. Definitions
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.
1 So in original. Probably should be ‘‘means’’.
Page 156
(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.
(Pub. L. 91–596, § 3, Dec. 29, 1970, 84 Stat. 1591;
Pub. L. 105–241, § 2(a), Sept. 28, 1998, 112 Stat.
1572.)
AMENDMENTS
1998—Par. (5). Pub. L. 105–241 inserted ‘‘(not including
the United States Postal Service)’’ after ‘‘the United
States’’.
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.
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 2year 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.
2 So in original. The comma probably should not appear.
App. 023
Page 157
TITLE 29—LABOR
§ 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
(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,1 the Service
Contract Act of 1965,1 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.
(Pub. L. 91–596, § 4, Dec. 29, 1970, 84 Stat. 1592.)
REFERENCES IN TEXT
The Outer Continental Shelf Lands Act, referred to in
subsec. (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462,
which is classified generally to subchapter III (§ 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 1301 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.
1 See References in Text note below.
§ 654
Act of June 30, 1936, commonly known as the WalshHealey Act, referred to in subsec. (b)(2), is act June 30,
1936, ch. 881, 49 Stat. 2036, which was classified principally to sections 35 to 45 of former Title 41, Public
Contracts, and was substantially repealed and restated
as chapter 65 (§ 6501 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat.
3677, 3855. For complete classification of this Act to the
Code, see Short Title of 1936 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
The Service Contract Act of 1965, referred to in subsec. (b)(2), was Pub. L. 89–286, Oct. 22, 1965, 79 Stat. 1034,
which was classified generally to chapter 6 (§ 351 et seq.)
of former Title 41, Public Contracts, and was repealed
and restated as chapter 67 (§ 6701 et seq.) of Title 41,
Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4,
2011, 124 Stat. 3677, 3855. For complete classification of
this Act to the Code, see Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
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, §§ 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, known as the National Foundation on the Arts and the Humanities Act of 1965,
which is classified principally to subchapter I (§ 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.
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.
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.
§ 654. Duties of employers and employees
(a) Each employer—
(1) shall furnish to each of his employees employment and a place of employment which
App. 024
§ 655
TITLE 29—LABOR
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.
(Pub. L. 91–596, § 5, Dec. 29, 1970, 84 Stat. 1593.)
§ 655. Standards
(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 occu-
Page 158
pational 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 be-
App. 025
Page 159
TITLE 29—LABOR
cause 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 de-
§ 655
signed 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
App. 026
§ 655
TITLE 29—LABOR
a proceeding in accordance with subsection (b),
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.
Page 160
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.
(Pub. L. 91–596, § 6, Dec. 29, 1970, 84 Stat. 1593;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
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 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.
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 2year 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, § 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, § 102, Nov. 26, 1991, 105 Stat.
1114.
Pub. L. 101–517, title I, § 102, Nov. 5, 1990, 104 Stat.
2196.
Pub. L. 101–166, title I, § 102, Nov. 21, 1989, 103 Stat.
1165.
Pub. L. 100–202, § 101(h) [title I, § 102], Dec. 22, 1987, 101
Stat. 1329–256, 1329–263.
Pub. L. 99–500, § 101(i) [H.R. 5233, title I, § 102], Oct. 18,
1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R.
5233, title I, § 102], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title I, § 102, Dec. 12, 1985, 99 Stat. 1109.
Pub. L. 98–619, title I, § 102, Nov. 8, 1984, 98 Stat. 3311.
OCCUPATIONAL HEALTH STANDARD CONCERNING
EXPOSURE TO BLOODBORNE PATHOGENS
Pub. L. 102–170, title I, § 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
App. 027
Page 161
§ 655
TITLE 29—LABOR
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, § 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, § 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, § 126(a)–(f), Oct. 17, 1986, 100
Stat. 1690–1692, as amended by Pub. L. 100–202, § 101(f)
[title II, § 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.
App. 028
§ 656
TITLE 29—LABOR
‘‘(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
Page 162
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.’’
§ 656. Administration
(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.
App. 029
Page 163
§ 657
TITLE 29—LABOR
(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 standardsproducing 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.
(d) Maritime Occupational Safety and Health Advisory Committee
There is established a Maritime Occupational
Safety and Health Advisory Committee, which
shall be a continuing body and shall provide advice to the Secretary in formulating maritime
industry standards and regarding matters pertaining to the administration of this chapter related to the maritime industry. The composition
of such advisory committee shall be consistent
with the advisory committees established under
subsection (b). A member of the advisory committee who is otherwise qualified may continue
to serve until a successor is appointed. The Secretary may promulgate or amend regulations as
necessary to implement this subsection.
(Pub. L. 91–596, § 7, Dec. 29, 1970, 84 Stat. 1597;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 116–92, div. C, title XXXV,
§ 3510, Dec. 20, 2019, 133 Stat. 1977.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), was in the
original ‘‘this Act’’, meaning Pub. L. 91–596, Dec. 29,
1970, 84 Stat. 1590. For complete classification of this
Act to the Code, see Short Title note set out under section 651 of this title and Tables.
AMENDMENTS
2019—Subsec. (d). Pub. L. 116–92 added subsec. (d).
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.
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 2year 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, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 657. Inspections, investigations, and recordkeeping
(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
App. 030
§ 657
TITLE 29—LABOR
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
Page 164
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) 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
App. 031
Page 165
§ 659
TITLE 29—LABOR
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.
(Pub. L. 91–596, § 8, Dec. 29, 1970, 84 Stat. 1598;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 105–198, § 1, July 16, 1998, 112
Stat. 640.)
CONSTITUTIONALITY
For information regarding constitutionality of certain provisions of section 8 of Pub. L. 91–596, see Congressional Research Service, The Constitution of the
United States of America: Analysis and Interpretation,
Appendix 1, Acts of Congress Held Unconstitutional in
Whole or in Part by the Supreme Court of the United
States.
AMENDMENTS
1998—Subsec. (h). Pub. L. 105–198 added subsec. (h).
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.
§ 658. Citations
(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.
(Pub. L. 91–596, § 9, Dec. 29, 1970, 84 Stat. 1601.)
§ 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
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
App. 032
§ 660
TITLE 29—LABOR
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) 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 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
Page 166
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.
(Pub. L. 91–596, § 10, Dec. 29, 1970, 84 Stat. 1601.)
§ 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
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
App. 033
Page 167
§ 661
TITLE 29—LABOR
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) shall govern such proceedings to the extent applicable. If no petition
for review, as provided in subsection (a), 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 sixtyday 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), 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.
(Pub. L. 91–596, § 11, Dec. 29, 1970, 84 Stat. 1602;
Pub. L. 98–620, title IV, § 402(32), Nov. 8, 1984, 98
Stat. 3360.)
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.
§ 661. Occupational Safety and Health Review
Commission
(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
App. 034
§ 662
TITLE 29—LABOR
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
A1 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
1 So in original. Probably should be ‘‘An’’.
Page 168
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.
(Pub. L. 91–596, § 12, Dec. 29, 1970, 84 Stat. 1603;
Pub. L. 95–251, § 2(a)(7), Mar. 27, 1978, 92 Stat.
183.)
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.
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, § 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.
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, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 662. Injunction proceedings
(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.
App. 035
Page 169
TITLE 29—LABOR
(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) 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.
(Pub. L. 91–596, § 13, Dec. 29, 1970, 84 Stat. 1605.)
REFERENCES IN TEXT
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b), is set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.
§ 663. Representation in civil litigation
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.
(Pub. L. 91–596, § 14, Dec. 29, 1970, 84 Stat. 1606.)
§ 664. Disclosure of trade secrets; protective orders
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
§ 666
issue such orders as may be appropriate to protect the confidentiality of trade secrets.
(Pub. L. 91–596, § 15, Dec. 29, 1970, 84 Stat. 1606.)
§ 665. Variations, tolerances, and exemptions
from required provisions; procedure; duration
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.
(Pub. L. 91–596, § 16, Dec. 29, 1970, 84 Stat. 1606.)
§ 666. Civil and criminal penalties
(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,
App. 036
§ 667
TITLE 29—LABOR
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.
(l) 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.
(Pub. L. 91–596, § 17, Dec. 29, 1970, 84 Stat. 1606,
1607; Pub. L. 101–508, title III, § 3101, Nov. 5, 1990,
104 Stat. 1388–29.)
Page 170
CODIFICATION
Subsec. (h) of this section amended section 1114 of
Title 18, Crimes and Criminal Procedure, and enacted
note set out thereunder.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–508, § 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, § 3101(2), substituted ‘‘$7,000’’ for ‘‘$1,000’’.
§ 667. State jurisdiction and plans
(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), 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
App. 037
Page 171
TITLE 29—LABOR
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), 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), 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) are being applied, but he shall not make such determination
for at least three years after the plan’s approval
under subsection (c). 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 en-
§ 668
force 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.
(Pub. L. 91–596, § 18, Dec. 29, 1970, 84 Stat. 1608.)
§ 668. Programs of Federal agencies
(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
App. 038
§ 669
TITLE 29—LABOR
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.
(Pub. L. 91–596, § 19, Dec. 29, 1970, 84 Stat. 1609;
Pub. L. 97–375, title I, § 110(c), Dec. 21, 1982, 96
Stat. 1821; Pub. L. 105–241, § 2(b)(1), Sept. 28, 1998,
112 Stat. 1572.)
CODIFICATION
Subsec. (c) of this section amended section 7902 of
Title 5, Government Organization and Employees.
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.
§ 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
(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
Page 172
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
App. 039
Page 173
§ 670
TITLE 29—LABOR
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.
(Pub. L. 91–596, § 20, Dec. 29, 1970, 84 Stat. 1610;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
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.
§ 669a. Expanded research on worker health and
safety
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.
(Pub. L. 107–188, title I, § 153, June 12, 2002, 116
Stat. 631.)
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.
§ 670. Training and employee education
(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.
App. 040
§ 671
TITLE 29—LABOR
(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.
(Pub. L. 91–596, § 21, Dec. 29, 1970, 84 Stat. 1612;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Page 174
Stat. 695; Pub. L. 105–197, § 2, July 16, 1998, 112
Stat. 638.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–197 added subsec. (d).
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.
RETENTION OF TRAINING INSTITUTE COURSE TUITION
FEES BY OSHA
Provisions stating that notwithstanding 31 U.S.C.
3302, the Occupational Safety and Health Administration could retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized
by law to be collected, and could utilize such sums for
occupational safety and health training and education
grants, were contained in Department of Labor Appropriations Act, 2006, Pub. L. 109–149, title I, Dec. 30, 2005,
119 Stat. 2839, and were repeated in provisions of subsequent appropriations acts which are not set out in the
Code. Similar provisions were also contained in the following prior appropriations acts:
Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat.
3118.
Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat.
232.
Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 303.
Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2182.
Pub. L. 106–554, § 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
2763, 2763A–8.
Pub. L. 106–113, div. B, § 1000(a)(4) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–222.
Pub. L. 105–277, div. A, § 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, § 101(e) [title I], Sept.
30, 1996, 110 Stat. 3009–233, 3009–239.
Pub. L. 104–134, title I, § 101(d) [title I], Apr. 26, 1996,
110 Stat. 1321–211, 1321–217; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–333, title I, Sept. 30, 1994, 108 Stat. 2544.
§ 671. National Institute for Occupational Safety
and Health
(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
App. 041
Page 175
TITLE 29—LABOR
(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 6101 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 op-
§ 671
erations 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 leadbased 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 leadbased 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.
(h) Office of Mine Safety and Health
(1) In general
There shall be permanently established
within the Institute an Office of Mine Safety
and Health which shall be administered by an
Associate Director to be appointed by the Director.
(2) Purpose
The purpose of the Office is to enhance the
development of new mine safety technology
App. 042
§ 671
TITLE 29—LABOR
and technological applications and to expedite
the commercial availability and implementation of such technology in mining environments.
(3) Functions
In addition to all purposes and authorities
provided for under this section, the Office of
Mine Safety and Health shall be responsible
for research, development, and testing of new
technologies and equipment designed to enhance mine safety and health. To carry out
such functions the Director of the Institute,
acting through the Office, shall have the authority to—
(A) award competitive grants to institutions and private entities to encourage the
development and manufacture of mine safety equipment;
(B) award contracts to educational institutions or private laboratories for the performance of product testing or related work with
respect to new mine technology and equipment; and
(C) establish an interagency working
group as provided for in paragraph (5).
(4) Grant authority
To be eligible to receive a grant under the
authority provided for under paragraph (3)(A),
an entity or institution shall—
(A) submit to the Director of the Institute
an application at such time, in such manner,
and containing such information as the Director may require; and
(B) include in the application under subparagraph (A), a description of the mine
safety equipment to be developed and manufactured under the grant and a description of
the reasons that such equipment would
otherwise not be developed or manufactured,
including reasons relating to the limited potential commercial market for such equipment.
(5) Interagency working group
(A) Establishment
The Director of the Institute, in carrying
out paragraph (3)(D) shall establish an interagency working group to share technology
and technological research and developments that could be utilized to enhance
mine safety and accident response.
(B) Membership
The working group under subparagraph (A)
shall be chaired by the Associate Director of
the Office who shall appoint the members of
the working group, which may include representatives of other Federal agencies or departments as determined appropriate by the
Associate Director.
(C) Duties
The working group under subparagraph (A)
shall conduct an evaluation of research conducted by, and the technological developments of, agencies and departments who are
represented on the working group that may
have applicability to mine safety and accident response and make recommendations to
the Director for the further development and
eventual
nology.
Page 176
implementation
of
such
tech-
(6) Annual report
Not later than 1 year after the establishment of the Office under this subsection, and
annually thereafter, the Director of the Institute shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Committee on Education and the
Workforce of the House of Representatives a
report that, with respect to the year involved,
describes the new mine safety technologies
and equipment that have been studied, tested,
and certified for use, and with respect to those
instances of technologies and equipment that
have been considered but not yet certified for
use, the reasons therefore.
(7) Authorization of appropriations
There is authorized to be appropriated, such
sums as may be necessary to enable the Institute and the Office of Mine Safety and Health
to carry out this subsection.
(Pub. L. 91–596, § 22, Dec. 29, 1970, 84 Stat. 1612;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 102–550, title X, § 1033, Oct. 28,
1992, 106 Stat. 3924; Pub. L. 109–236, § 6(a), June
15, 2006, 120 Stat. 498.)
REFERENCES IN TEXT
The Toxic Substances Control Act, referred to in subsec. (g)(1)(B)(i), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat.
2003. Title IV of the Act is classified generally to subchapter IV (§ 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.
CODIFICATION
In subsec. (e)(7), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5),’’ on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
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,
§ 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
AMENDMENTS
2006—Subsec. (h). Pub. L. 109–236 added subsec. (h).
1992—Subsec. (g). Pub. L. 102–550 added subsec. (g).
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.
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
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, set out as a note under section 1113 of Title 31,
Money and Finance, and page 97 of House Document
No. 103–7.
App. 043
Page 177
TITLE 29—LABOR
§ 671a. Workers’ family protection
(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;
§ 671a
(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 represent-
App. 044
§ 672
TITLE 29—LABOR
ative 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
Page 178
Labor, based on the information developed
under subsection (c) 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.
(Pub. L. 102–522, title II, § 209, Oct. 26, 1992, 106
Stat. 3420.)
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.
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.
§ 672. Grants to States
(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
App. 045
Page 179
TITLE 29—LABOR
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) 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.
(Pub. L. 91–596, § 23, Dec. 29, 1970, 84 Stat. 1613;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
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.
§ 673
§ 673. Statistics
(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
App. 046
§ 674
TITLE 29—LABOR
effect on the effective date of this chapter shall
remain in effect until superseded by grants or
contracts made under this chapter.
(Pub. L. 91–596, § 24, Dec. 29, 1970, 84 Stat. 1614;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
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 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.
§ 674. Audit of grant recipient; maintenance of
records; contents of records; access to books,
etc.
(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.
(Pub. L. 91–596, § 25, Dec. 29, 1970, 84 Stat. 1615;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
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.
§ 675. Annual reports by Secretary of Labor and
Secretary of Health and Human Services;
contents
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 dur-
Page 180
ing 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.
(Pub. L. 91–596, § 26, Dec. 29, 1970, 84 Stat. 1615;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
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.
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, § 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.
§ 676. Omitted
CODIFICATION
Section, Pub. L. 91–596, § 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.
App. 047
Page 181
TITLE 29—LABOR
§ 677. Separability
Sec.
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.
762a.
763.
764.
765.
(
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.