§ 654 TITLE 29—LABOR Page 152

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

working conditions of employees with respect to

which other Federal agencies, and State agencies acting under section 2021 of title 42, exercise

statutory authority to prescribe or enforce

standards or regulations affecting occupational

safety or health.

(2) The safety and health standards promulgated under the Act of June 30, 1936, commonly

known as the Walsh-Healey Act [41 U.S.C. 35 et

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

351 et seq.], Public Law 91–54, Act of August 9,

1969, Public Law 85–742, Act of August 23, 1958,

and the National Foundation on Arts and Humanities Act [20 U.S.C. 951 et seq.] are superseded on the effective date of corresponding

standards, promulgated under this chapter,

which are determined by the Secretary to be

more effective. Standards issued under the laws

listed in this paragraph and in effect on or after

the effective date of this chapter shall be

deemed to be occupational safety and health

standards issued under this chapter, as well as

under such other Acts.

(3) The Secretary shall, within three years

after the effective date of this chapter, report to

the Congress his recommendations for legislation to avoid unnecessary duplication and to

achieve coordination between this chapter and

other Federal laws.

(4) Nothing in this chapter shall be construed

to supersede or in any manner affect any workmen’s compensation law or to enlarge or diminish or affect in any other manner the common

law or statutory rights, duties, or liabilities of

employers and employees under any law with respect to injuries, diseases, or death of employees

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

(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, as

amended, 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 1331 of Title 43

and Tables.

For definition of Canal Zone, referred to in subsec.

(a), see section 3602(b) of Title 22, Foreign Relations

and Intercourse.

Act of June 30, 1936, commonly known as the WalshHealey Act, referred to in subsec. (b)(2), is act June 30,

1936, ch. 881, 49 Stat. 2036, as amended, which is classified generally to section 35 et seq. of Title 41, Public

Contracts. For complete classification of this Act to

the Code, see Short Title note set out under section 35

of Title 41 and Tables. See section 262 of this title.

The Service Contract Act of 1965, referred to in subsec. (b)(2), is Pub. L. 89–286, Oct. 22, 1965, 79 Stat. 1034,

as amended, which is classified generally to chapter 6

(§351 et seq.) of Title 41. For complete classification of

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

section 351 of Title 41 and Tables.

Public Law 91–54, Act of August 9, 1969, referred to in

subsec. (b)(2), is Pub. L. 91–54, Aug. 9, 1969, 83 Stat. 96,

which enacted section 333 of Title 40, Public Buildings,

Property, and Works, and amended section 2 of Pub. L.

87–581, Aug. 13, 1962, 76 Stat. 357, set out as a note under

section 327 of Title 40. For complete classification of

this Act to the Code, see Tables.

Public Law 85–742, Act of August 23, 1958, referred to

in subsec. (b)(2), is Pub. L. 85–742, Aug. 23, 1958, 72 Stat.

835, which amended section 941 of Title 33, Navigation

and Navigable Waters, and enacted provisions set out

as a note under section 941 of Title 33. For complete

classification of this Act to the Code, see Tables.

The National Foundation on the Arts and the Humanities Act, referred to in subsec. (b)(2), is Pub. L. 89–209,

Sept. 29, 1965, 79 Stat. 845, as amended, known as the

National Foundation on the Arts and the Humanities

Act of 1965, which is classified principally to subchapter

I (§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.

SECTION REFERRED TO IN OTHER SECTIONS

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

title 15 section 2608; title 42 sections 2297b–11, 7412; title

49 section 5107.

§ 654. Duties of employers and employees

(a) Each employer—

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

are free from recognized hazards that are causing or are likely to cause death or serious

physical harm to his employees;

(2) shall comply with occupational safety

and health standards promulgated under this

chapter.

(b) Each employee shall comply with occupational safety and health standards and all rules,

regulations, and orders issued pursuant to this

chapter which are applicable to his own actions

and conduct.

(Pub. L. 91–596, §5, Dec. 29, 1970, 84 Stat. 1593.)

SECTION REFERRED TO IN OTHER SECTIONS

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

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

§ 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