Page 151 TITLE 29—LABOR § 653

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

Section 1 of Pub. L. 91–596 provided: ‘‘That this Act

[enacting this chapter and section 3142–1 of Title 42,

The Public Health and Welfare, amending section 553 of

this title, sections 5108, 5314, 5315, and 7902 of Title 5,

Government Organization and Employees, sections 633

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

Title 18, Crimes and Criminal Procedure, and section

1421 of former Title 49, Transportation, and enacting

provisions set out as notes under this section and section 1114 of Title 18] may be cited as the ‘Occupational

Safety and Health Act of 1970’.’’

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 652. Definitions

For the purposes of this chapter—

(1) The term ‘‘Secretary’’ means 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 or any State or political subdivision of a State.

(6) The term ‘‘employee’’ means an employee

of an employer who is employed in a business

of his employer which affects commerce.

(7) The term ‘‘State’’ includes a State of the

United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa,

Guam, and the Trust Territory of the Pacific

Islands.

(8) The term ‘‘occupational safety and

health standard’’ means a standard which requires conditions, or the adoption or use of

one or more practices, means, methods, operations, or processes, reasonably necessary or

appropriate to provide safe or healthful employment and places of employment.

(9) The term ‘‘national consensus standard’’

means any occupational safety and health

standard or modification thereof which (1), 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.)

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 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2297b–11.

§ 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.