TITLE 29-LABOR

retary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission

by Reorg. Plan No. 1 of 1978, §2, 43 F.R. 19807, 92 Stat.

3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as pro-.

vided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978,

44 F.R. 1053.

CHAPTER 15--OCCUPATIONAL SAFETY AND

HEALTH

Sec.

651. Congressional statement of findings and declaration of purpose and policy.

652. Definitions.

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.

654. Duties of employers and employees.

655. Standards.

656. Administration.

657. Inspections, investigations, and recordkeeping.

658. Citations.

659. Enforcement procedures.

660. Judicial review.

661. Occupational Safety and Health Review Commission.

662. Injunction proceedings.

663. Representation in civil litigation.

664. Disclosure of trade secrets; protective orders.

665. Variations, tolerances, and exemptions from

required provisions; procedure; duration.

666. Civil and criminal penalties.

667. State jurisdiction and plans.

668. Programs of Federal agencies.

669. Research and related activities.

669a. Expanded research on worker health and safety.

670. Training and employee education.

671. National Institute for Occupational Safety

and Health.

671a. Workers' family protection.

672. Grants to States.

673. Statistics.

674. Audit of grant recipient; maintenance of records; contents of records; access to books,

etc.

675. Annual reports by Secretary of Labor and

Secretary of Health and Human Services;

contents.

676. Omitted.

677. Separability.

678. 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 responsibilities 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.

76-421 v22T e Sig-7

Page 149 § 651
TITLE 29-LABOR

(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, as amended. For com- plete classification 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.

iSo in original. Probably should be "means".

(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),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 2-

year period, or in the case of a committee established

2 So in original. The comma probably should not appear.

§ 652 Page 150
TITLE 29-LABOR

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.

§ 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,' 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 inany 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 I (§1331 et

seq.) of chapter 29 of Title 43, Public Lands. For com-

'See References in Text note below.

plete 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, 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 anendment 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.

Page 151 § 653
TITLE 29-LABOR

§ 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.)

§ 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 occupational 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

§ 654 Page 152
TITLE 29-LABOR

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 because 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 designed 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 accordPage 153 § 655
TITLE 29-LABOR

ance with the procedures prescribed in paragraph (3) of this subsection.

(3) Upon publication of such standard in the

Federal Register the Secretary shall commence

a proceeding in accordance with subsection (b)

of this section, 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.

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 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.

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, § 1021, 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

§ 655 Page 154
TITLE 29-LABOR6

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

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 Title30, 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.

Page 155 § 655
TITLE 29-LABOR

"(2) TRAINN.-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.

"(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

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.

§ 656 Page 156
TITLE 29-LABOR

(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

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 COMMrTrEES

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.

§ 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

Page 157 § 657
TITLE 29-LABOR

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

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 viola--

tion 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.

§ 657 Page 158
TITLE 29-LABOR

(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

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 whichcitation 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

Page 159 § 659
TITLE 29-LABOR

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

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

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

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 provi-

§ 660 Page 160
TITLE 29-LABOR

sions of subsection (a) of this section shall govern such proceedings to the extent applicable. If

no petition for review, as provided in subsection

(a) of this section, 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 sixty-day 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) of this section, 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 Chaijrman; 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

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

Page 161 § 661
TITLE 29-LABOR

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; re- port 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

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 Employ- ees.

I So in original. Probably should be "An".

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 sec- tions 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.

(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) of this section 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.

§ 662 Page 162
TITLE 29-LABOR

(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

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,

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.

Page 163 § 666
TITLE 29-LABOR

(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.

(1) 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.)

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) of this section, 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

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) of this section, 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) of this section, he

§ 667 Page 164
TITLE 29-LABOR

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) of this section

are being applied, but he shall not make such

determination for at least three years after the

plan's approval under subsection (c) of this section. 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 enforce 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

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.)

Page 165 § 668
TITLE 29-LABOR

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

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 em- ployees 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

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.

§ 669 Page 166
TITLE 29-LABOR

(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.

(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.

Page 167 § 670
TITLE 29-LABOR

(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

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, §l(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, § l(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

(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 exp6rimental 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-

§ 671 Page 168
TITLE 29-LABOR

(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 operations 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

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).

Page 169
TITLE 29-LABOR

(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 implementation of such technology.

(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 sub- sec. (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, Com- merce and Trade. For complete classification of this

Act to the Code, see Short Title note set out under sec- tion 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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions

in subsec. (f) of this section relating to submitting an- nual 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.

§ 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;

§ 671a Page 170
TITLE 29-LABOR

(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;

(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 representative 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

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TITLE 29-LABOR

(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

Labor, based on the information developed

under subsection (c) of this section and on

other information available to the Secretary,

shall-

(A) determine if additioiial 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 11, §209, Oct. 26, 1992, 106

Stat. 3420.)

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, re- ferred 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 com- prises 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

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 appli-

§ 672 Page 172
TITLE 29-LABOR

cation. 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) of this section 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. 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

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

Page 173 § 674
TITLE 29-LABOR

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 during 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 SUBMrTED 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.

§ 677. Separability

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.

(Pub. L. 91-596, §32, Dec. 29, 1970, 84 Stat. 1619.)

§ 678. Authorization of appropriations

There are authorized to be appropriated to

carry out this chapter for each fiscal year such

sums as the Congress shall deem necessary.

(Pub. L. 91-596, §33, Dec. 29, 1970, 84 Stat. 1620.)

CHAPTER 16-VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES

GENERAL PROVISIONS

Findings; purpose; policy.

Rehabilitation Services Administration.

Advance funding.

Joint funding.

Definitions.

Allotment percentage.

Nonduplication.

Application of other laws.

Administration.

Reports.

Evaluation.

§ 675 Page 174