§ 657 TITLE 29—LABOR Page 158

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.

(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.)

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 2-

year period, or in the case of a committee established

by the Congress, its duration is otherwise provided by

law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

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

RATES

References in laws to the rates of pay for GS–16, 17,

or 18, or to maximum rates of pay under the General

Schedule, to be considered references to rates payable

under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)]

of Pub. L. 101–509, set out in a note under section 5376

of Title 5.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 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

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
Page 159 TITLE 29—LABOR § 657

the Secretary of Health and Human Services,

such records regarding his activities relating to

this chapter as the Secretary, in cooperation

with the Secretary of Health and Human Services, may prescribe by regulation as necessary

or appropriate for the enforcement of this chapter or for developing information regarding the

causes and prevention of occupational accidents

and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct

periodic inspections. The Secretary shall also

issue regulations requiring that employers,

through posting of notices or other appropriate

means, keep their employees informed of their

protections and obligations under this chapter,

including the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic

reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only

first aid treatment and which do not involve

medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

(3) The Secretary, in cooperation with the Secretary of Health and Human Services, shall

issue regulations requiring employers to maintain accurate records of employee exposures to

potentially toxic materials or harmful physical

agents which are required to be monitored or

measured under section 655 of this title. Such

regulations shall provide employees or their representatives with an opportunity to observe

such monitoring or measuring, and to have access to the records thereof. Such regulations

shall also make appropriate provision for each

employee or former employee to have access to

such records as will indicate his own exposure to

toxic materials or harmful physical agents.

Each employer shall promptly notify any employee who has been or is being exposed to toxic

materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and

health standard promulgated under section 655

of this title, and shall inform any employee who

is being thus exposed of the corrective action

being taken.

(d) Obtaining of information

Any information obtained by the Secretary,

the Secretary of Health and Human Services, or

a State agency under this chapter shall be obtained with a minimum burden upon employers,

especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.

(e) Employer and authorized employee representatives to accompany Secretary or his

authorized representative on inspection of

workplace; consultation with employees

where no authorized employee representative is present

Subject to regulations issued by the Secretary, a representative of the employer and a

representative authorized by his employees shall

be given an opportunity to accompany the Secretary or his authorized representative during

the physical inspection of any workplace under

subsection (a) of this section for the purpose of

aiding such inspection. Where there is no authorized employee representative, the Secretary

or his authorized representative shall consult

with a reasonable number of employees concerning matters of health and safety in the workplace.

(f) Request for inspection by employees or representative of employees; grounds; procedure; determination of request; notification

of Secretary or representative prior to or

during any inspection of violations; procedure for review of refusal by representative

of Secretary to issue citation for alleged violations

(1) Any employees or representative of employees who believe that a violation of a safety

or health standard exists that threatens physical harm, or that an imminent danger exists,

may request an inspection by giving notice to

the Secretary or his authorized representative

of such violation or danger. Any such notice

shall be reduced to writing, shall set forth with

reasonable particularity the grounds for the notice, and shall be signed by the employees or

representative of employees, and a copy shall be

provided the employer or his agent no later than

at the time of inspection, except that, upon the

request of the person giving such notice, his

name and the names of individual employees referred to therein shall not appear in such copy

or on any record published, released, or made

available pursuant to subsection (g) of this section. If upon receipt of such notification the

Secretary determines there are reasonable

grounds to believe that such violation or danger

exists, he shall make a special inspection in accordance with the provisions of this section as

soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe

that a violation or danger exists he shall notify

the employees or representative of the employees in writing of such determination.

(2) Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify

the Secretary or any representative of the Secretary responsible for conducting the inspection,

in writing, of any violation of this chapter

which they have reason to believe exists in such

workplace. The Secretary shall, by regulation,

establish procedures for informal review of any

refusal by a representative of the Secretary to

issue a citation with respect to any such alleged

violation and shall furnish the employees or representative of employees requesting such review

a written statement of the reasons for the Secretary’s final disposition of the case.

(g) Compilation, analysis, and publication of reports and information; rules and regulations

(1) The Secretary and Secretary of Health and

Human Services are authorized to compile, analyze, and publish, either in summary or detailed

form, all reports or information obtained under

this section.

(2) The Secretary and the Secretary of Health

and Human Services shall each prescribe such
§ 658 TITLE 29—LABOR Page 160

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.

(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.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

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

§ 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.)

SECTION REFERRED TO IN OTHER SECTIONS

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

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

§ 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

intends to contest the citation or proposed assessment of penalty, and no notice is filed by

any employee or representative of employees

under subsection (c) of this section within such

time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court

or agency.

(b) Notification of employer of failure to correct

in allotted time period violation for which citation was issued and proposed assessment

of penalty for failure to correct; time for notification of Secretary by employer of contest

by employer of notification of failure to correct or proposed assessment; notification or

proposed assessment as final order upon failure of employer to notify of contest

If the Secretary has reason to believe that an

employer has failed to correct a violation for

which a citation has been issued within the period permitted for its correction (which period

shall not begin to run until the entry of a final

order by the Commission in the case of any review proceedings under this section initiated by

the employer in good faith and not solely for

delay or avoidance of penalties), the Secretary

shall notify the employer by certified mail of

such failure and of the penalty proposed to be

assessed under section 666 of this title by reason

of such failure, and that the employer has fifteen working days within which to notify the

Secretary that he wishes to contest the Secretary’s notification or the proposed assessment

of penalty. If, within fifteen working days from

the receipt of notification issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the notification or proposed assessment of penalty, the notification or proposed assessment of penalty, the

notification and assessment, as proposed, shall

be deemed a final order of the Commission and

not subject to review by any court or agency.

(c) Advisement of Commission by Secretary of

notification of contest by employer of citation or notification or of filing of notice by

any employee or representative of employees; hearing by Commission; orders of Commission and Secretary; rules of procedure

If an employer notifies the Secretary that he

intends to contest a citation issued under section 658(a) of this title or notification issued

under subsection (a) or (b) of this section, or if,

within fifteen working days of the issuance of a

citation under section 658(a) of this title, any

employee or representative of employees files a

notice with the Secretary alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Secretary shall immediately advise the Commission