Page 157 TITLE 29—LABOR § 656

‘‘(c) FINAL REGULATIONS.—Final regulations under

subsection (a) shall take effect one year after the date

they are promulgated. In promulgating final regulations on standards under subsection (a), the Secretary

of Labor shall include each of the provisions listed in

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

Secretary determines that the evidence in the public

record considered as a whole does not support inclusion

of any such provision.

‘‘(d) SPECIFIC TRAINING STANDARDS.—

‘‘(1) OFFSITE INSTRUCTION; FIELD EXPERIENCE.—

Standards promulgated under subsection (a) shall include training standards requiring that general site

workers (such as equipment operators, general laborers, and other supervised personnel) engaged in hazardous substance removal or other activities which

expose or potentially expose such workers to hazardous substances receive a minimum of 40 hours of initial instruction off the site, and a minimum of three

days of actual field experience under the direct supervision of a trained, experienced supervisor, at the

time of assignment. The requirements of the preceding sentence shall not apply to any general site worker who has received the equivalent of such training.

Workers who may be exposed to unique or special

hazards shall be provided additional training.

‘‘(2) TRAINING OF SUPERVISORS.—Standards promulgated under subsection (a) shall include training

standards requiring that onsite managers and supervisors directly responsible for the hazardous waste

operations (such as foremen) receive the same training as general site workers set forth in paragraph (1)

of this subsection and at least eight additional hours

of specialized training on managing hazardous waste

operations. The requirements of the preceding sentence shall not apply to any person who has received

the equivalent of such training.

‘‘(3) CERTIFICATION; ENFORCEMENT.—Such training

standards shall contain provisions for certifying that

general site workers, onsite managers, and supervisors have received the specified training and shall

prohibit any individual who has not received the

specified training from engaging in hazardous waste

operations covered by the standard. The certification

procedures shall be no less comprehensive than those

adopted by the Environmental Protection Agency in

its Model Accreditation Plan for Asbestos Abatement

Training as required under the Asbestos Hazard

Emergency Response Act of 1986 [Pub. L. 99–519, see

Short Title of 1986 Amendment note, set out under

section 2601 of Title 15, Commerce and Trade].

‘‘(4) TRAINING OF EMERGENCY RESPONSE PERSONNEL.—Such training standards shall set forth requirements for the training of workers who are responsible

for responding to hazardous emergency situations

who may be exposed to toxic substances in carrying

out their responsibilities.

‘‘(e) INTERIM REGULATIONS.—The Secretary of Labor

shall issue interim final regulations under this section

within 60 days after the enactment of this section [Oct.

17, 1986] which shall provide no less protection under

this section for workers employed by contractors and

emergency response workers than the protections contained in the Environmental Protection Agency Manual (1981) ‘Health and Safety Requirements for Employees Engaged in Field Activities’ and existing standards

under the Occupational Safety and Health Act of 1970

[29 U.S.C. 651 et seq.] found in subpart C of part 1926 of

title 29 of the Code of Federal Regulations. Such interim final regulations shall take effect upon issuance

and shall apply until final regulations become effective

under subsection (c).

‘‘(f) COVERAGE OF CERTAIN STATE AND LOCAL EMPLOYEES.—Not later than 90 days after the promulgation of

final regulations under subsection (a), the Administrator shall promulgate standards identical to those

promulgated by the Secretary of Labor under subsection (a). Standards promulgated under this subsection shall apply to employees of State and local governments in each State which does not have in effect

an approved State plan under section 18 of the Occupational Safety and Health Act of 1970 [29 U.S.C. 667] providing for standards for the health and safety protection of employees engaged in hazardous waste operations.’’

SECTION REFERRED TO IN OTHER SECTIONS

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

667, 668, 669 of this title; title 2 section 1341; title 3 section 425; title 7 section 1942; title 42 section 4853.

§ 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.

(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
§ 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