TITLE 29-LABOR

retary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1of 1978, §2, 43 F.R. 19807, 92 Stat. 3781, setoutintheAppendix toTitle 5,Government Organization andEmployees, effective Jan. 1,1979, aspro-. videdby section 1-101ofEx.Ord. No. 12106, Dec.28, 1978, 44 F.R.1053.

CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH

Sec. 651. Congressional statement offindings and declaration ofpurpose andpolicy. 652. Definitions. 653. Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination ofFederal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employeesunaffected. 654. Duties ofemployersandemployees. 655. Standards. 656. Administration. 657. Inspections, investigations, and recordkeeping. 658. Citations. 659. Enforcementprocedures. 660. Judicialreview. 661. Occupational Safety andHealthReview Commission. 662. Injunction proceedings. 663. Representation incivillitigation. 664. Disclosure oftrade secrets; protectiveorders. 665. Variations, tolerances, and exemptions from required provisions;procedure; duration. 666. Civilandcriminal penalties. 667. Statejurisdiction andplans. 668. ProgramsofFederal agencies. 669. Research andrelated activities. 669a. Expanded research onworker healthand safety. 670. Training andemployee education. 671. National Institute for Occupational Safety andHealth. 671a. Workers' familyprotection. 672. GrantstoStates. 673. Statistics. 674. Audit ofgrant recipient; maintenance ofrecords; 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 ofappropriations.
§651. Congressional statement of findings and declaration ofpurpose andpolicy (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 theexercise ofits 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 humanresources- (1) by encouraging employers and employees in their efforts to reduce the number ofoccupational 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 andhealthful workingconditions;

(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe andhealthful working conditions;

(3) by authorizing the Secretary ofLabor 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 andhealth 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 noemployee 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 ofpersonnel engaged in thefield ofoccupational safety andhealth;

(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 anyindividual violating thisprohibition;

(11) by encouraging the States toassume 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 demonstrationprojectsin connection therewith;

(12) by providing for appropriate reporting procedures withrespect to occupational safety and health which procedures will help achieve the objectives of this chapter and accurately describe the nature of the occupational safety andhealthproblem;

(13) by encouraging joint labor-management efforts to reduce injuries and disease arising out ofemployment.

76-421 v22Te Sig-7 Page 149 §651TITLE 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 Titlenoteset outunderthissection andTables.
EFFECTIVE DATE Pub.L.91-596, §34,Dec.29, 1970, 84Stat. 1620,provided that: "This Act [enacting this chapter and section 3142-1 of Title 42, The Public Health and Welfare, amending section 553 ofthis title, sections 5108, 5314, 5315, and 7902 ofTitle 5,Government Organization and Employees, sections 633 and 636 ofTitle 15, Commerce andTrade, section 1114 ofTitle18, CrimesandCriminal 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 effectone hundredand twenty daysafterthe date ofits 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 AuthorizationActof1998'."

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, and7902 ofTitle5,Government Organization and Employees, sections 633 and 636 ofTitle 15, Commerce andTrade, section 1114ofTitle18, Crimesand Criminal Procedure, and section 1421 offormer Title 49, Transportation, and enacting provisions set out as notes under thissection and section 1114 ofTitle 18] may be cited as the 'Occupational Safety and Health Act of 1970'."
§652.Definitions

Forthepurposes ofthis chapter-

(1) The term "Secretary" mean1 the Secretary ofLabor.

(2) The term "Commission" means theOccupational Safety and Health Review Commissionestablished underthis 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 theUnited States (otherthan the Trust Territory ofthe Pacific Islands), or between points in the same State but through a point outside thereof.

(4) The term "person" means one ormore individuals, partnerships, associations, corporations,businesstrusts, legal representatives, or anyorganized groupofpersons.

(5) The term "employer" means aperson engaged in a business affecting commerce who has employees, but does not include the United States (notincluding theUnited States Postal Service) or any State or political subdivision ofa State.

(6) The term "employee" means an employee of an employer who is employed in a business ofhisemployer which affects commerce.

iSoinoriginal. Probablyshouldbe"means". (7) The term "State" includes a State ofthe United States, the District ofColumbia, 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 andplaces ofemployment.

(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 onits adoption, (2) was formulated in a manner which afforded an opportunity for diverse views tobe 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 ofthe 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 andHealth established under this chapter.

(12) The term "Director" means theDirector of the National Institute for Occupational Safety andHealth.

(13) The term "Institute" means the National Institute for Occupational Safety and Health establishedunder thischapter.

(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 OFTRUST TERRITORY OF THE PACIFIC

ISLANDS For termination ofTrust Territory ofthe Pacific Islands, see note set out preceding section 1681 ofTitle 48,Territories andInsularPossessions.

TERMINATION OF ADVISORY COMMITTEES Advisory committees inexistence on January 5, 1973, to terminate notlater thanthe expiration ofthe2-year period following January 5,1973, unless, in the case of

a committee establishedby the President or an officer oftheFederal Government, such committee isrenewed by appropriate actionpriorto the expiration ofsuch2- year period, or in the case ofa committee established

2Soin original. The commaprobably shouldnot appear. §652 Page 150TITLE 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 outin the Appendix to Title 5,Government Organization andEmployees.
§653. Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination ofFederal laws; workmen's compensation law orcommon 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 ofPuerto Rico, theVirginIslands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Lake Island, Outer Continental Shelf lands defined in the Outer Continental ShelfLandsAct [43 U.S.C. 1331 et seq.], Johnston Island, and theCanal Zone. The Secretary ofthe Interior shall,by regulation, provide forjudicial enforcement ofthis chapter by the courts established for areas in which there are no United States districtcourts havingjurisdiction.

(b)(1) Nothing in this chapter shall apply to working conditions ofemployees with respect to which other Federal agencies, and State agencies acting undersection 2021 oftitle42, exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety orhealth.

(2) The safety and health standards promulgated under the Act ofJune 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 ofAugust 23, 1958, and the National Foundation on Arts and Humanities Act [20U.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 listedin thisparagraph 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 undersuch otherActs.

(3) The Secretary shall, within three years afterthe effective date ofthis chapter,report to the Congress his recommendations for legislation to avoid unnecessary duplication and to achieve coordination between this chapter and otherFederal laws.

(4) Nothing in this chapter shall be construed
to supersede or in any -manneraffect 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 lawwith respectto injuries, diseases, or death ofemployees arising out of, or in the course of, employment. (Pub.L. 91-596, §4, Dec. 29, 1970, 84 Stat. 1592.)

REFERENCES IN TEXT TheOuter Continental ShelfLandsAct,referred toin subsec. (a), is act Aug. 7. 1953, ch. 345, 67 Stat. 462, whichisclassified generallyto subchapter I (§1331 et seq.) ofchapter 29 ofTitle 43, Public Lands. For com-

'See ReferencesinTextnotebelow. 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 ofJune 30, 1936, commonly known as the WalshHealey Act, referred toin subsec. (b)(2), is actJune 30, 1936, ch. 881, 49 Stat. 2036, which was classified principally to sections 35 to 45 offormer 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 ofthisAct to the Code, see ShortTitle of1936Act note setout undersection 101 ofTitle 41 and Tables. For disposition ofsections of former Title 41, see Disposition Table precedingsection 101ofTitle 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 chapter6 (§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 tothe Code, seeTables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 ofTitle 41.

Public Law 91-54, Act ofAugust 9, 1969, referred toin 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 ofPub.L. 87-581 were set out as notes under section327, and section 107 of Pub.L. 87-581 was classified
to section 333, of former Title 40, Public Buildings, Property, and Works. Sections 1and 2 ofPub. L. 87-581

were repealed, and section 107 ofPub. 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 ofAugust 23, 1958, referred to in subsec. (b)(2), is Pub. L. 85-742, Aug.23, 1958, 72 Stat. 835, which amended section 941 ofTitle 33, Navigation and Navigable Waters, and enacted provisions set out

as a note under section 941 ofTitle 33. For complete classification ofthisAct tothe Code, seeTables.

The National Foundation on theArtsand the Humanities Act,referred to in subsec. (b)(2), is Pub. L. 89-209, Sept.29, 1965, 79 Stat. 845, known as theNational Foundation on the Arts and the Humanities Act of 1965, which is classified principally to subchapter I (§951 et seq.) ofchapter 26 ofTitle 20, Education. For complete classification of thisAct to the Code, see Short Title note set outunder section 951 ofTitle 20andTables.

The effective date ofthis 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 ofthistitle.

TERMINATION OFTRUSTTERRITORY OFTHEPACIFIC ISLANDS

For termination ofTrust 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 ofsubsection (b)(1) of thissection, tobe considered to beexercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health, see section15(b) ofPub. L. 101-637, setout asa note under section2646ofTitle 15, Commerce and Trade. Page 151 §653TITLE 29-LABOR

§654. Duties ofemployersand employees

(a) Each employer-

(1) shall furnishto eachofhis employees employment and a place of employment which

are free from recognized hazards thatare causing or are likely to cause death or serious physical harmtohisemployees;

(2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety andhealth 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 forpromulgation; conflicting standards Without regard to chapter 5 oftitle 5 or to the other subsections ofthis section, the Secretary shall, as soon as practicable during the period beginning with theeffective date ofthis 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 ofsuch a standard would not result in improved safety or health for specifically designated employees. In the event ofconflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety orhealth ofthe affected employees. (b) Procedure forpromulgation, modification, or revocation ofstandards The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the followingmanner:

(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization ofemployers 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 ofinformation developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve theobjectives ofthis 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 ofHealth and Human Services, or otherwise available, including the results ofresearch, 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 ofthirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule shouldbe issued,he shall publish the proposed rule within sixty days after the submission ofthe 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 theperiod provided for the submission ofwrittendata or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefor andrequesting apublic 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 orhealth 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 ofthe standard.

(5) The Secretary, in promulgating standards dealingwith toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis ofthebestavailable 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 ofhis workinglife.Development ofstandards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In additionto theattainment ofthe 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 theperformance 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 152TITLE 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 ofprofessional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration offacilities cannot be completedbythe 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 thestandard 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 onlyafternotice 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 thehearing. No temporary order maybe in effect for longer than theperiod 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 ofthis 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 forlongerthan 180days.

(B) An application for a temporary order under thisparagraph (6) shall contain: (i)a specification of the standard or portion thereof from which the employer seeks avariance,

(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 ofthe reasonstherefor,

(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 hehas taken and what stepshe will take (with dates specified) to come into compliance with the standard, and

(v) a certification that he has informed his employees ofthe 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 oftheirright to petition the Secretary for

ahearing.

(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 approvedby himor the Secretary ofHealth and Human Services designed to demonstrate or validate new and improved techniques to safeguard the health or safety ofworkers.

(7) Any standard promulgated under this subsection shall prescribe the use oflabels or other appropriate forms ofwarning asare necessary to insure that employees are apprised of all hazards to which they are exposed, relevant symptomsand appropriate emergency treatment, and proper conditions and precautions ofsafe 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 ofmedical 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 ofsuch 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 maybe 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 rulepromulgated 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 thereasons why the rule as adopted will better effectuate the purposes of this chapter than the national consensus standard. (c) Emergency temporarystandards

(1) The Secretary shall provide, without regard to the requirements ofchapter 5 oftitle 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 toprotect employees from such danger.

(2) Such standard shall be effective until superseded by a standard promulgated in accord

### §655 Page 153TITLE 29-LABOR

ance with the procedures prescribed in paragraph (3) ofthis 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 providedin paragraph (2) ofthis subsection. (d)Variancesfrom 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 shallissue such rule or order if he determines on the record, after opportunity for aninspection 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 hisemployees 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 bythe Secretary on his

ownmotion, in the manner prescribed for its issuance under this subsection at any time after sixmonths from itsissuance. (e) Statement of reasons for Secretary's determinations;publicationinFederal 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 ofthe reasons for such action, which shall be published in theFederal Register. (f) Judicialreview

Any person who may be adversely affected by

a standard issued underthis 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 ofsuch standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing ofsuch petition shall not, unless otherwise orderedby 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)Priorityforestablishment ofstandards

In determining the priority for establishing standardsunder 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 ofthe Secretary ofHealthand 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 INTEXT

The effective date ofthischapter, referred toin subsec. (a), isthe effective date ofPub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, which is 120 daysafter Dec. 29, 1970,

see section 34 ofPub. L. 91-596, set outas anEffective Datenoteunder section651ofthistitle.
CHANGEOFNAME "Secretary of Health and Human Services" substituted for "Secretary ofHealth, Education, and Welfare" in subsecs. (b)(1), (6)(C), (7), and (g) pursuant to section 509(b) ofPub. L.96-88 which isclassified tosection 3508(b) ofTitle20, Education.

TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on January 5, 1973,
to terminate not laterthan theexpiration ofthe2-year period following January 5, 1973, unless, in the case of

a committee established by the President or an officer ofthe Federal Government, suchcommittee isrenewed by appropriate action priorto the expiration ofsuch 2- yearperiod, or in the case ofa committee established by the Congress, its duration isotherwise 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 andHuman Services, andEducation, andRelated Agencies Appropriations Acts shall be used to grant variances, interim orders or letters ofclarification to employerswhich will allow exposure ofworkers tochemicals or other workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on workers' health orsafety."

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, titleI, §102], Oct.30, 1986, 100Stat.3341-287.

Pub.L. 99-178, title I, §102, Dec. 12, 1985, 99 Stat. 1109. Pub. L.98-619, titleI, §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,providedthat:

"(a) Notwithstanding any other provision oflaw, on

orbeforeDecember 1, 1991, the Secretary ofLabor,acting under the Occupational Safety and Health Act of Page 154 §655TITLE 29-LABOR6

1970 [29 U.S.C. 651 et seq.], shall promulgate a final occupational health standardconcerning occupational exposure to bloodborne pathogens. The final standard shall be based on the proposed standard aspublished in the Federal Register onMay 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 aspublished in the Federal Register on May 30, 1989 (54 FR 23042) shall become effective as if suchproposed standard had been promulgated as a final standard by the Secretary ofLabor, and remain in effect until thedate

on which such Secretary promulgates the final standardreferred toin subsection (a).

"(c) Nothing in thisAct [enacting section 962 ofTitle30, 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 ofTitle 8, Aliens and Nationality, andsection 1221-1 ofTitle 20] shall be construed to require the Secretary of Labor (acting through the Occupational Safety and Health Administration) torevise the employment accident reporting regulationspublished at29C.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 18months after the date of
enactment of this Act [Nov. 16, 1990], the Secretary of Labor, in consultation withthe Secretary ofTransportation 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 apackage, container, motor vehicle, rail freight car, aircraft, or vessel which contains a hazardous material and which is required tobe marked, placarded, or labeled in accordance with regulations issuedunder theHazardous 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 ofLabor shall actunder theOccupational Safety and Health Act of 1970 (29 U.S.C. 653) [29 U.S.C. 651 et seq.] toprevent accidental releases ofchemicals which could pose a threat to employees. Not later than 12 months after the date of enactment ofthe Clean Air Act Amendments of 1990 [Nov. 15, 1990], the Secretary ofLabor, in coordination with the Administrator ofthe 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 ofhighly 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 listofsuch chemicals mayinclude 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 asubstance is foundtopose

a threat ofserious injury orfatality in theevent ofan accidental release in the workplace.

"(c) ELEMENTS OF SAFETY STANDARD.-Such standard shall, atminimum, require employers to- "(1) develop and maintain written safety information identifying workplace chemical andprocess hazards, equipment used in the processes, and technology used in theprocesses;

"(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 ofworkplace effects ofa range of releases, estimation of the health and safety effects ofsuchrange onemployees;

"(3) consult with employees and their representatives on the development and conduct of hazard assessments and the development ofchemical accident prevention plans and provide access to these and otherrecords required under the standard;

"(4) establish a system to respond tothe 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 forthe chemical process including procedures for each operating phase, operating limitations, and safetyand health considerations;

"(7) provide written safety and operating information to employees and train employees in operating procedures, emphasizing hazards and safepractices;

"(8) ensure contractors and contract employees are provided appropriate information and training;

"(9) train andeducate employeesand contractors in
emergency response in a manner as comprehensive and effective as that required by the regulation promulgated pursuant to section 126(d) ofthe 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 consistentwith designspecifications;

"(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 ormodified equipment;

"(13) establish andimplement writtenprocedures to manage change to process chemicals, technology, equipment andfacilities; 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 ofthe enactment ofthis section [Oct. 17, 1986], the Secretary ofLabor shall,pursuant to section 6 ofthe 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, butneed not be limited to, the following worker protection provisions: "(1) SITE ANALYSIS.-Requirements for a formal hazard analysis of the siteand development of a site specific planfor worker protection. Page 155 §655TITLE 29-LABOR

"(2) TRAINN.-Requirements for contractors to provide initial and routine training ofworkers before such workers are permitted to engage in hazardous waste operations which would expose them to toxic substances.

"(3) MEDICAL SURVEILLANCE.-A program ofregular medical examination,monitoring, andsurveillance of workers engaged in hazardouswaste operations which would expose themto 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 assessmentprocedures.

"(7) INFORMATIONAL PROGRAM.-A program to inform workers engaged in hazardous waste operations of the nature and degree oftoxic exposure likely as
a result ofsuchhazardous 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 workerprotections.

"(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 ofLabor 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 notsupport inclusion ofany suchprovision.

"(d) SPECIFICTRAINING STANDARDS.-

"(1) OFFSITE INSTRUCTION; FIELD EXPERIENCE.- Standards promulgated under subsection (a) shall include training standards requiring that general site workers (such asequipment operators, general laborers, and other supervised personnel) engaged in hazardous substance removal or other activities which expose or potentially expose such workers tohazardous substances receive a minimum of40 hours ofinitial instruction off the site, and a minimum of three days ofactual fieldexperience underthedirect supervision of a trained, experienced supervisor, at the time of assignment. The requirements of thepreceding sentence shallnotapply to any general site worker who has received the equivalent ofsuch training. Workers who may be exposed to unique or special hazards shallbe 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 asforemen) receive the same training asgeneral site workers set forth in paragraph (1) ofthis subsection and atleast eight additional hours ofspecialized training on managing hazardous waste operations. The requirements of the preceding sentence shall not apply toany person whohas received theequivalent of suchtraining.

"(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 bythe standard. The certification procedures shall be no less comprehensive than those adopted by the Environmental Protection Agency in itsModel 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 section2601 ofTitle 15, Commerce andTrade].

"(4) TRAINING OF EMERGENCY RESPONSE PERSONNEL.-Such training standards shall set forthrequirementsfor thetraining ofworkers who areresponsible for responding to hazardous emergency situations who may be exposed to toxic substances in carrying
outtheir responsibilities. "(e) INTERIM REGULATIONS.-The Secretary of Labor shall issue interim final regulations under this section within 60 days after the enactment ofthissection [Oct. 17, 1986] which shall provide no less protection under this section for workers employed by contractors and
emergency response workers than theprotections contained in the Environmental Protection Agency Manual (1981) 'Health and Safety Requirements forEmployees 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 ofpart 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 ofState and localgovernments in each State which does not have in effect

an approved State plan under section 18 ofthe Occupational Safety and Health Actof 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 andclerical 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 ofHealth 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 ofsection 3109oftitle 5. §656 Page 156TITLE 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 theconduct ofitsbusiness. (b) Advisory committees; appointment; duties; membership; compensation; reimbursement to member's employer;,meetings; availability ofrecords;conflict ofinterest An advisory committee may be appointed by the Secretary to assisthim 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 ofHealth and Human Services, and shall include among its members an equal number ofpersons qualified by experience and affiliation topresent the viewpoint ofthe employers involved, and of persons similarly qualified to present the viewpoint ofthe workers involved, as well as one or
more representatives ofhealth and safety agencies of the States. An advisory committee may also include such otherpersons as the Secretary may appoint who are qualified byknowledge and experience to make a useful contribution to the work of such committee, including one or more representatives ofprofessional organizations of technicians orprofessionals specializing in occupational safety or health, and one or more representatives ofnationally recognized standardsproducing organizations, but the number ofpersons 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 ofthat State, reimbursement sufficient tocover 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 anyproposed rule. (c) Use of services, facilities, and personnel of Federal,State, andlocal agencies; reimbursement;employment ofexperts andconsultants

or organizations; renewal of contracts; compensation;travelexpenses In carrying out his responsibilities under this chapter, theSecretary 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 withthe consent ofany State orpolitical subdivision thereof, accept and use the services, facilities, and personnel ofany 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 orregular 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 soemployed. (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 ofHealth,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)ofTitle20, Education.

TERMINATION OF ADVISORY COMMrTrEES Advisory committees in existence on January 5, 1973, toterminate notlater thanthe expirationofthe 2-year period following January 5, 1973, unless,in the case of

acommittee establishedby the President oran officer ofthe Federal Government, such committee is renewed byappropriate action priortothe expiration ofsuch 2- yearperiod, orin the case of acommittee 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 andEmployees.
REFERENCES INOTHER LAWS TO GS-16, 17, OR 18
PAY RATES

. References in laws to the rates ofpayfor GS-16, 17,

or 18, or to maximum rates ofpay under the General Schedule, to be considered references to rates payable under specified sections ofTitle5,Government Organization andEmployees, seesection 529 [title I,§101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 ofTitle5.
§657. Inspections, investigations, and recordkeeping (a)Authority of Secretary to enter,inspect, and investigate places of employment; time and

manner In order to carryout the purposes ofthis 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 ofan employer; and

(2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits andin 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 §657TITLE 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 ofany territory or possession, within thejurisdiction ofwhich 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 suchperson to appear to produce evidence if, as, and when so ordered, andto give testimony relating to the matter under investigation or in question, and any failure to obey such order ofthe court may be punished by said
courtas a contempt thereof. (c) Maintenance,preservation,andavailability of records; issuance of regulations; scope of records; periodic inspections by employer; posting of notices by employer; notification ofemployee ofcorrective 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 ofHealth 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 ofthis 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 ofapplicable standards.

(2) The Secretary, in cooperation with the Secretary ofHealth 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 anotherjob.

(3) The Secretary, incooperation 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 ortheir 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 ownexposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been oris 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 thistitle, and shallinform any employee who is being thus exposed of the corrective action being taken. (d)Obtainingofinformation

Any information obtained by the Secretary, the Secretary ofHealth 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 extentfeasible. (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 byhis 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 ofemployees 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 refusalby representative of Secretary toissue citationfor 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 forthe notice, and shall be signed by the employees or representative ofemployees, and a copy shallbe provided theemployer or hisagent no laterthan
at the time of inspection, except that, upon the request of the person giving such notice, his

name andthe names ofindividual 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 determinesthere are no reasonable groundsto believe that a violation or danger exists he shall notify the employees or representative of the employeesin writing ofsuch determination. Page 158 §657TITLE 29-LABOR

(2) Priorto orduring anyinspection ofa workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting theinspection, 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 ofthe Secretary to issue a citation with respect to any suchalleged violation and shall furnishthe employees or representative ofemployees requesting such review

a written statement of the reasons for the Secretary's final disposition ofthecase. (g) Compilation, analysis, and publication of reportsandinformation;rules and regulations (1) The Secretary and Secretary ofHealth and Human Services are authorized to compile, analyze, andpublish, either in summary or detailed form, all reports or information obtained under this section.

(2) The Secretary and the Secretary ofHealth 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 ofresultsofenforcement activities

The Secretary shall not use the results of enforcement activities, such as thenumber ofcitations 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 ofPub. L. 91-596, see Congressional Research Service, The Constitution of the United States ofAmerica: Analysis andInterpretation, Appendix 1,Acts ofCongress Held Unconstitutional in Whole or inPart by the Supreme Court ofthe United States.

AMENDMENTS

1998--Subsec. (h).Pub.L. 105-198added subsec. (h).

CHANGE OF NAME "Secretary of Health and Human Services" substituted for "Secretary ofHealth,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) ofTitle20, Education.
§658.Citations (a) Authority to issue; grounds; contents; notice in lieu ofcitationforde minimis violations If, upon inspection or investigation, the Secretary or his authorized representative believes that an employer has violated a requirement of section 654 ofthis title, ofany 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 thenature ofthe 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 ofthe violation. The Secretary may prescribe procedures for theissuance ofa notice in lieu ofa citation withrespect to de minimis violations which have no direct orimmediate relationship to safety orhealth. (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 thecitation occurred. (c) Timeforissuance

No citation may be issued under this section after the expiration ofsix months following the

occurrence ofany violation. (Pub. L.91-596, §9,Dec. 29, 1970, 84Stat. 1601.)
§659.Enforcement procedures (a) Notification of employer of proposed assessmentofpenalty subsequent toissuance ofcitation; time for notification of Secretary by employer of contest by employer of citation

or proposed assessment; citation and proposed assessment as final orderuponfailure ofemployer tonotify ofcontest andfailure of employees tofile notice If, after an inspection or investigation, the Secretary issues a citation under section 658(a) ofthis 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 assessedunder section 666 ofthistitle andthat the employer has fifteen working days within which
to notify the Secretary that he wishes to contest the citation or proposed assessment ofpenalty. If, within fifteen working days from thereceipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment ofpenalty, 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 ofthe Commission and not subject to review by any court

oragency. (b)Notification of employer of failure tocorrect in allotted timeperiodviolation forwhichcitation was issued and proposed assessment of penalty forfailure to correct;time fornotification ofSecretaryby employer ofcontest by employer ofnotification offailure to correct or proposed assessment; notification or proposed assessment asfinal orderupon failureofemployer tonotifyofcontest
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 §659TITLE 29-LABOR

shall not begin to run until the entry ofa final order by the Commission in the case ofany 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 ofthis title byreason 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 ofpenalty. 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 notificationorproposed assessment ofpenalty, thenotification or proposed assessment of penalty, the notification,and assessment, as proposed, shall be deemed a final order of the Commission and not subject toreview by any courtor 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; hearingby Commission; orders of Commission andSecretary; rulesofprocedure Ifan 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) ofthis section, or if, within fifteen working days ofthe issuance ofa citation under section 658(a) of this title, any employee or representative ofemployees 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 shallimmediately advise theCommission 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 ofa 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 tohearingsunder this subsection. (Pub. L. 91-596, §10, Dec. 29, 1970, 84 Stat. 1601.)
§660. Judicialreview (a) Filing of petition by persons adversely affected oraggrieved; orders subjectto review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; appropriaterelief; finalityofjudgment Any person adversely affected or aggrieved by

an order of the Commission issued under subsection (c) ofsection 659 ofthis title may obtain

a review of such order in any United States court ofappeals for the circuit in which the violation is alleged to have occurred or where the employer hasitsprincipal office, or in theCourt ofAppeals for the District of Columbia Circuit, by filing in such court within sixty days followingthe issuance ofsuch order a written petition praying that the order be modified or set aside. Acopy ofsuch petition shall beforthwith transmitted by the clerk ofthe court to the Commissionand to the otherparties, 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 shallhavepower 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 setforth in suchrecorda decree affirming, modifying, or setting aside in whole or in part, the order ofthe 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 ofthe Commission. No objection that has not been urged before the Commission shall be considered bythe court, unless thefailure or neglect to urge such objection shallbe excused because ofextraordinary 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 bemade a partofthe 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, thejurisdiction ofthe court shall be exclusive and itsjudgment and decree shall be final, except that the same shallbe subject to review bythe Supreme Court ofthe United States, as provided in section 1254 oftitle28. (b)Filingof petitionby Secretary;orderssubject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; enforcement of orders; contemptproceedings
The Secretary may also obtain review or enforcement ofany final order of the Commission by filing a petition for such reliefin the United States court ofappeals for the circuit in which the alleged violation occurred or in which the employer has itsprincipal office, and the provi- §660 Page 160TITLE 29-LABOR

sions ofsubsection (a) ofthis section shall govern such proceedings to the extent applicable. If

nopetition forreview, as provided in subsection (a) of this section, is filed within sixty days after service of the Commission's order, the Commission's findings offact and order shallbe 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, aswell as in the case ofa noncontested citation or notification by the Secretary which has become a final order of the Commission under subsection (a) or (b) ofsection 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 ofsuch decree to the Secretary and the employer named in the petition. In any contempt proceeding brought to enforce a decree of

a court ofappeals 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 otheravailable remedies. (c)Discharge ordiscrimination againstemployee forexercise ofrightsunder this chapter;prohibition;procedure forrelief (1) Noperson shall discharge or in anymanner 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 oftheexercise by such employee onbehalf ofhimselfor others ofany right afforded bythis 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 thirtydays 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 havebeen 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 torestrain violations ofparagraph (1) ofthis subsection and order all appropriate relief including rehiring or reinstatement of the employee to his former positionwith backpay.

(3) Within 90 days ofthereceipt ofa complaint filed under this subsection the Secretary shall notify the complainant of his determination under paragraph (2) ofthis 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 outprovision requiring expeditious hearing of petitions filed under thissubsection.
EFFECTIvE DATE OF 1984 AMENDMENT
Amendmentby Pub.L. 98-620 notapplicable to cases pending onNov. 8,1984, seesection403 ofPub.L. 98-620, set outas anoteunder section 1657 ofTitle 28, JudiciaryandJudicial 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 shallbe appointed by thePresident, 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 ofoffice; removal byPresident

The terms of members of the Commission shallbe six years except that (1) the members of the Commission first taking office shall serve,
asdesignated by the President at the time ofappointment, one for a term oftwo 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 ofamember prior to the expiration of the term for which he was appointed shall befilled only for the remainder of such unexpired term. A member of the Commission may beremoved by thePresident forinefficiency, neglect ofduty, or malfeasance in office. (c) Omitted (d) Principal office; hearings or other proceedings atotherplaces 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 delayor expense maybe minimized, it may hold hearings or conduct other proceedings at any other place. (e) Functions and duties ofChaijrman; appointment and compensation of administrative lawjudgesand otheremployees
The Chairman shallberesponsible onbehalfof the Commission for the administrative operations ofthe 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 ofchapter 51 and subchapter III ofchapter 53 of title 5 relating to classification and General Schedule pay rates: Provided,That assignment, removal and compensation of administrative lawjudges shall be in accordance with sections 3105, 3344, 5372, and 7521 oftitle 5. (f)Quorum; official action

For the purpose of carrying out its functions under this chapter, two members ofthe Commission shall constitute a quorum and official action can be taken only on the affirmative vote ofatleast two members. (g) Hearings andrecords open to public; promulgation ofrules; applicability ofFederal Rules ofCivil Procedure Every official act of the Commission shall be entered ofrecord, and its hearings and records Page 161 §661TITLE 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, itsproceedings shall be in accordance with theFederal Rules ofCivilProcedure. (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 aswitnesses maybe 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 oftheUnited States. (i)Investigatorypowers

For the purpose ofany proceeding before the Commission, the provisions ofsection 161 ofthis title arehereby made applicable to thejurisdiction andpowersofthe Commission. 

### (j)Administrative lawjudges; determinations;re- portas finalorderofCommission
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 daysafter such report by the administrative law judge, unless within such period any Commission member has directed that such report shall bereviewed by the Commission. (k) Appointment and compensation of administrativelawjudges Except as otherwise provided in this chapter, the administrative lawjudges shallbe 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 oftitle5. (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 INTEXT

The GeneralSchedule,referred toin subsec. (e), isset outunder section 5332 ofTitle5,Government Organization andEmployees.

The Federal Rules ofCivil Procedure, referred to in subsec. (g), are set outinthe Appendix to Title 28, Judiciary andJudicial Procedure.
CODIFICATION Subsec. (c) ofthis section amended sections 5314 and 5315 ofTitle 5,Government Organization and Employ-

ees.

ISoinoriginal.Probably shouldbe "An". Insubsec. (e), reference to section 5372 oftitle 5was 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 5361through 5365 oftitle 5assec- tions5371 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 inlaws to the rates of payfor GS-16, 17,

or 18, or to maximum rates ofpay under the General Schedule, to be considered references to rates payable under specified sections ofTitle 5,Government OrganizationandEmployees, see section529 [titleI, §101(c)(1)] ofPub. L. 101-509, set out in a note under section5376 ofTitle 5.
§662. Injunctionproceedings (a) Petition by Secretary to restrain imminent dangers;scope oforder The United States district courts shall have jurisdiction, upon petition of the Secretary, to restrain any conditions orpractices in anyplace ofemployment which are such that a danger exists which could reasonably beexpected tocause 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 ofoperations 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 ofFederalRules ofCivilProcedure Upon the filing of any such petition the district court shallhavejurisdiction to grant such injunctive relief or temporary restraining order pending the outcome ofan 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 inspectorofdangerand ofrecommendationtoSecretarytoseek relief Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) of this section exist in any place ofemployment, he shall inform the affected employees and employers ofthedanger and that he is recommending to the Secretary that reliefbe sought. §662 Page 162TITLE 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 ofsuch employees, might bring an action against the Secretary in the United States district court for the district in which the imminent danger is alleged toexist

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 INTEXT
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b), is set out in the Appendix to Title28, Judiciary andJudicialProcedure.
§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 oftheAttorney 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 mightreveal a trade secretreferred to in section 1905 of title 18 shall be considered confidential forthe purpose ofthat 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 theconfidentiality oftrade 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 ofthis chapteras he may findnecessary and proper to avoid serious impairment ofthe national defense. Suchaction shallnot be in effect for more than six months without notification to affected employees and an opportunitybeing afforded for ahearing. (Pub. L. 91-596, §16, Dec. 29, 1970, 84 Stat. 1606.)
§666.Civil andcriminalpenalties (a)Willful orrepeatedviolation

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 pursuantto this chapter maybe assessed a civil penalty ofnot more than $70,000 for each violation, but not less than $5,000 for each willful violation. (b) Citationforserious 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 ofup to$7,000 foreach such violation. (c) Citation for violation determined not serious

Any employer who has received a citation for

a violation of the requirements ofsection 654 of this title, ofany standard, rule, ororder promulgated pursuant to section 655 ofthis title, or of regulations prescribed pursuant to this chapter, and such violation is specifically determined not tobe of aserious nature, may be assessed a civil penalty ofupto$7,000 foreach such violation. (d)Failuretocorrectviolation

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 shallnot 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 andnot solely for delay or avoidance of penalties), may be assessed a civilpenalty ofnot more than $7,000for each day during which such failure or violation continues. (e) Willfulviolation causing deathtoemployee

Any employer who willfully violates any standard, rule, or order promulgatedpursuant 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 sixmonths, orby both; except that if the conviction is fora violation committed after

a first conviction of such person, punishment shall be by a fine of notmore than $20,000 or by imprisonment fornot more than one year, or by both.
(f)

Giving advance notice ofinspection Any person who gives advance notice of any inspection to be conducted under this chapter, without authorityfrom the Secretary or hisdesignees, shall, upon conviction, be punished by a fine ofnot more than $1,000 or by imprisonment fornotmore than sixmonths, orbyboth. (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,

orbyboth. Page 163 §666TITLE 29-LABOR

(h) Omitted
(i)Violation ofpostingrequirements

Any employer who violates any ofthe posting requirements, as prescribed under the provisions of this chapter, shall be assessed a civil penalty ofupto$7,000for eachviolation. (j) Authority ofCommission 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, andthehistory ofpreviousviolations. (k) Determination ofseriousviolation

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 couldresult from a condition which exists, or from one or
more practices, means, methods, operations, or processes which have been adopted orare in use, in such place of employment unless the employer did not, and could not with the exercise ofreasonable diligence, know of the presence of the violation. (1)Procedureforpayment ofcivil 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 setout 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. Statejurisdiction andplans (a)Assertion ofStatestandardsin absence ofapplicable Federalstandards Nothing in this chapter shall prevent any State agency or court from asserting jurisdictionunder Statelaw 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 preemptapplicableFederal 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 ofthis title shall submit a State plan for the development of such standards andtheir enforcement. (c) Conditionsforapprovalofplan

The Secretary shall approve the plan submitted by a State under subsection (b) of this section, or any modification thereof, if suchplan in hisjudgment- (1) designates a State agency or agencies as the agency or agencies responsible for administering the planthroughout the State,

(2) provides for thedevelopment andenforcement 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 prohibitionon advance notice ofinspections,

(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 theadministration and enforcement ofsuch 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 andhealth program applicable to all employees ofpublic agencies ofthe State and itspolitical subdivisions, which program is as effective as the standards contained in anapproved 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 tothe Secretary in such form and containing such information, as the Secretary shall from timeto timerequire. (d) Rejection of plan;notice andopportunityfor 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 ahearing before so doing. (e) Discretion of Secretary to exercise authority

overcomparable standardssubsequenttoapproval of State plan; duration;retention of jurisdictionby Secretary upondetermination ofenforcement ofplanby State After the Secretary approves a Stateplan submitted under subsection (b) of this section, he §667 Page 164TITLE 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 ofthis title, forthe period specified in thenextsentence. The Secretary may exercise the authority referred to above until he determines, on the basis ofactual operations under the State plan, that the criteria setforth in subsection (c) ofthis 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 ofthis 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 retainjurisdiction under the above provisions in any proceeding commenced under section 658 or 659 of this title before the date ofdetermination. (f) Continuing evaluation by Secretary of State enforcement ofapproved plan; withdrawal of approval ofplan by Secretary; grounds; procedure; conditions for retention ofjurisdictionby 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 retainjurisdiction in any case commenced before the withdrawal ofthe plan in order toenforce standards under theplan whenever the issues involveddo not relate tothereasons forthe withdrawal oftheplan. (g) Judicial review of Secretary's withdrawal of approval or rejection of plan; jurisdiction;
venue; procedure; appropriate relief; finality ofjudgment The Statemay obtain a review ofa decision of the Secretary withdrawing approval ofor 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 ofnotice ofsuch decision a petition to modify or set aside in whole or in part theaction of the Secretary. Acopy ofsuch 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 oftitle 28. Unless the court findsthat 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. Thejudgment ofthecourt shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 oftitle 28. (h) Temporary enforcement ofState 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 withrespect to a plan submitted by a State under subsection (b) ofthis section, or two years from December 29, 1970, whichever is earlier. (Pub. L. 91-596, §18, Dec. 29, 1970, 84 Stat. 1608.)
§668. ProgramsofFederal agencies (a) Establishment, development, and maintenancebyhead ofeach Federal agency It shall be the responsibility of the head of each Federal agency (not including the United States Postal Service) to establishand 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 andhealthful places and conditions of employment, consistent with the standards setunder section 655 ofthistitle;

(2) acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees;

(3) keep adequate records ofall occupational accidents and illnesses for proper evaluation andnecessary corrective action;

(4) consult with the Secretary with regard to the adequacy as toform and content ofrecords kept pursuant to subsection (a)(3) of this section; and

(5) make an annual report to the Secretary with respect to occupational accidents andinjuries and the agency's program under this section. Such report shall include any report submitted under section 7902(e)(2) oftitle5. (b)Report bySecretary toPresident

The Secretary shall report to the President a summary or digest ofreports submitted to him under subsection (a)(5) ofthis section, together with his evaluations of and recommendations derived from such reports. (c) Omitted
(d) Access by Secretary to records and reports required ofagencies
The Secretary shall have access torecords and reports kept and filed by Federal agencies pursuant to subsections (a)(3) and (5) ofthis 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 notjeopardize national defense orforeign 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 §668TITLE 29-LABOR

CODIFICATION Subsec. (c) of this section amended section 7902 of Title5,Government Organization andEmployees.

AMENDMENTS 1998-Subsec. (a). Pub. L. 105-241 inserted "(not including the United StatesPostal Service)" after "each Federal agency".

1982-Subsec. (b). Pub.L. 97-375 struck outdirection thatthe Presidenttransmitannually totheSenate and House a report of the activities of Federal agencies underthis section.

OCCUPATIONAL SAFETY AND HEALTH PROGRAMS FOR FEDERAL EMPLOYEES Occupational safety andhealth programs forFederal employees andcontinuation ofFederal Advisory Council on Occupational Safety andHealth, see Ex. Ord. No. 12196, Feb. 26, 1980,45 F.R. 12769, set outasanoteunder section 7902 ofTitle 5, Government Organization and Employees.
§669. Researchandrelatedactivities (a) Authority ofSecretary ofHealth 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 ofHealth andHuman Services, after consultation with the Secretary and with other appropriate Federal departments or agencies, shall conduct (directlyor 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 andhealth problems.

(2) The Secretary ofHealth 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 ofHealth 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 ofHealth 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 ofemployment, including butnot limited to the exposure levels at which no employee will suffer impaired health or functional capacities or diminished life expectancy as a result ofhis work experience.

(4) The Secretary ofHealth 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 andhealth.

(5) The Secretary ofHealth and Human Services, in order to comply withhis responsibilities under paragraph (2), and in order to develop needed information regarding potentially toxic substances orharmful physical agents, mayprescribe regulations requiring employers to measure, record, and make reports on the exposure of employees to substances or physical agents which the Secretary ofHealth and Human Services reasonably believes may endanger the health or safety ofemployees. 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 anyother 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 ofthe health or safety ofothers. Upon the request ofany 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 shallfurnish full financial or otherassistance to such employer for the purpose ofdefraying any additional expense incurred by him in carrying out the measuring and recording asprovided in this subsection.

(6) The Secretary ofHealth and Human Services shall publish within six months of December 29, 1970, and thereafter asneeded but at least annually a list ofall 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 ofemployment haspotentially 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 orfound in a placeofemployment, 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 pertinentcriteria.

(7) Within two years of December 29, 1970, and annually thereafter the Secretary ofHealth 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 166TITLE 29-LABOR

(b)Authority ofSecretary ofHealth and Human Services to make inspections and question employers andemployees
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 ofLabor; cooperation between Secretary ofLabor and Secretary ofHealth andHuman 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 obtainedbythe 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 offunctions ofSecretary ofHealth 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, andWelfare" pursuant tosection 509(b) ofPub. L. 96-88 which is classified to section 3508(b) of Title 20, Education.
§669a. Expanded research on workerhealth and safety

The Secretary of Health and Human Services (referred to in this section as the "Secretary"), acting through the Director ofthe National Institute ofOccupational Safety and Health, shall enhance and expand research as deemed appropriate on the health and safety ofworkers who

are at risk forbioterrorist threats or attacks in the workplace, including research onthe 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 theDirector toissue ormodify anyoccupational safety and health ruleor regulation. (Pub. L. 107-188, title I, §153, June 12, 2002, 116 Stat. 631.) CODIFICATION Section wasenacted as part ofthe Public Health Security and Bioterrorism Preparedness and Response Act of2002. andnot aspart ofthe Occupational Safety andHealthActof1970whichcomprises thischapter.
§670.Trainingandemployee education (a) Authority ofSecretary ofHealth and Human Services to conduct education and informational programs; consultations The Secretary ofHealth 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 ofqualified 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 trainingofpersonnel
The Secretary is also authorized to conduct, directly or by grants or contracts, short-term training ofpersonnel engaged in work related to hisresponsibilities under this chapter. (c) Authority of Secretary ofLabor 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 forthe 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 andillnesses. (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 Statepersonnel with respect to- (A) the application of occupational safety and healthrequirements under this chapter or under State plans approved under section 667 ofthis 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 ofsuch 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 ensurethat on-siteconsultations conducted pursuant tosuch agreements include provision forthe participation byemployees. Page 167 §670TITLE 29-LABOR

(3) Activities under this subsection shall be conducted independently ofany 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 bemade to the appropriate enforcement authority for such action asis appropriate.

(4) The Secretary shall, byregulation afternotice and opportunity for comment, establish rules under whichanemployer- (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 theworkplace; 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 andhealthful working conditions,

may beexempt froman inspection (except aninspection requested under section 657(f) of this title or aninspection to determine the cause of

a workplace accident which resulted in the death of one or more employees or hospitalization forthree ormore employees) fora period of 1year from the closing ofthe 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 therequest. (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. 105-197added subsec. (d).

CHANGE OF NAME "Secretary of Health and Human Services" substitutedfor "Secretary ofHealth, Education, andWelfare" in subsecs. (a) and (c) pursuant to section 509(b) ofPub.L. 96-88 whichis classified tosection 3508(b) of Title20, 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 retainup to$750,000 perfiscal yearof training institute course tuition fees, otherwise authorized by law tobe collected, and could utilize such sums for occupational safety and health training andeducation grants, were contained in Department ofLabor AppropriationsAct,2006, Pub.L. 109-149, titleI, Dec.30, 2005, 119Stat.2839, andwere repeated inprovisions ofsubsequent appropriations acts whichare not set outin the Code. Similar provisionswerealso contained inthefollowingpriorappropriations 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, titleI, Jan. 10, 2002, 115 Stat.2182. Pub.L. 106-554, §l(a)(1) [titleI], Dec.21, 2000, 114Stat. 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,titleI, 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, 110Stat. 1327.

Pub.L. 103-333, titleI, Sept.30, 1994, 108 Stat. 2544.
§671. National Institute for Occupational Safety andHealth (a) Statement ofpurpose

It is the purpose of this section to establish a National Institute for Occupational Safety and Health in the Department ofHealth 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 thistitle. (b) Establishment; Director; appointment; term

There is hereby established in theDepartment ofHealth and Human Services a National Institute forOccupational Safety andHealth. The Institute shall be headed by a Director who shall be appointed by the Secretary of Health and Human Services, and who shall serve fora term of six years unless previously removed by the Secretary ofHealthand Human Services. (c) Development and establishment ofstandards; performance of functions of Secretary of Healthand Human Services
TheInstitute is authorized to-

(1) develop and establish recommended occupational safety andhealth standards; and

(2) perform all functions of the Secretary of Health and Human Services under sections 669 and670 ofthistitle. (d)Authority ofDirector

Uponhis 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 programsas he determines are necessary forthedevelopment 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 andhealth standards. Any occupational safety and health standard recommended pursuant to this section shall immediately be forwarded to the Secretary ofLabor, and to the Secretary ofHealth and Human Services. (e)Additional authority ofDirector

In addition to any authority vested in the Institute by other provisions of this section, the Director, in carrying outthe functions ofthe Institute,is authorized to- §671 Page 168TITLE 29-LABOR

(1) prescribe such regulations as he deems necessary governing the manner in which its functions shallbe 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 ofsuch property for the purpose ofcarrying outitsfunctions;

(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 otherfunds ofthe Institute forthepurposes ofthe 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 ofthissection;

(5) obtain the services of experts and consultants in accordance with the provisions of section3109 oftitle 5;

(6) accept and utilize the services of voluntary and noncompensated personnel andreimburse them for travel expenses, including
per diem, as authorizedby section 5703 oftitle 5;(7) enter into contracts, grants or other arrangements, or modifications thereofto 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 othernecessary expenditures. (f) Annualreports

The Director shall submit to the Secretary of Health and Human Services, to the President, and to the Congress an annual report ofthe 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 paintactivities

(1) Traininggrantprogram

(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 leadbasedpaint 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 etseq.]), (ii) which have demonstrated experience in implementing and operating health and safetytraining and education programs, and

(iii) with a demonstrated ability to reach, and involve in lead-based painttraining programs, target populations ofindividuals who

are orwillbe engaged in lead-based paintactivities.
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 thisparagraph. (2)Evaluation ofprograms

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 ofthese 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 tobe appropriated tothe Institute for each of the fiscal years 1994 through 1997 tocarry out thisparagraph. (h) Office ofMineSafety andHealth

(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 authorityto- (A) award competitive grants to institutions and private entities to encourage the development and manufacture ofmine safety equipment;

(B) award contracts to educational institutions orprivate laboratories for the performance ofproduct testing or related work with respect to new mine technology and equipment; and

(C) establish an interagency working groupas provided for in paragraph (5). Page 169TITLE 29-LABOR

(4)Grantauthority

To be eligible to receive a grant under the authority provided for under paragraph (3)(A),

an entity orinstitution shall- (A) submitto the Director ofthe Institute

an application at suchtime, 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 tobe developed and manufactured under the grant anda 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 andaccident response. (B)Membership

The working groupunder subparagraph (A) shall bechaired bythe Associate Director of the Office who shall appoint themembers 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 groupunder subparagraph (A) shall conduct an evaluation ofresearch 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 responseandmake recommendations to the Directorfor the further development and eventual implementation of such technology. (6)Annualreport

Not later than 1 year after the establishment of the Office under this subsection, and annually thereafter, the Director ofthe Institute shall submit tothe Committee onHealth, Education, Labor, and Pensions ofthe 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 foruse, and withrespect to those instances of technologies and equipment that have been considered but not yet certified for
use, thereasonstherefore. (7)Authorization ofappropriations

There is authorized to be appropriated, such

sums as may be necessary to enable the Institute and the Office ofMine Safety and Health
tocarry outthis 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 INTEXT The Toxic Substances Control Act,referred toinsub-

sec. (g)(1)(B)(i), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003. Title IV of the Actis classified generally to subchapterIV (§2681 etseq.)ofchapter 53ofTitle 15, Com-

merce and Trade. For complete classification of this Actto the Code, see ShortTitlenote set outunder sec- tion2601ofTitle 15andTables.
CODIFICATION
In subsec. (e)(7), "section 6101 oftitle41" substituted for "section 3709 ofthe 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 Actenacted Title 41, PublicContracts.

In subsec. (e)(8), "section 3324(a) and (b) oftitle 31" substitutedfor "section 3648 oftheRevised Statutes,as amended (31U.S.C. 529)" onauthority ofPub.L. 97-258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of whichenactedTitle 31,Money and Finance.
AMENDMENTS
2006-Subsec. (h).Pub.L.109-236 addedsubsec. (h). 1992-Subsec. (g).Pub.L. 102-550added subsec. (g).

CHANGE OF NAME "Secretary of Health and Human Services" substitutedfor "Secretary ofHealth, Education, andWelfare" in subsecs. (a) to (d) and (f)pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) ofTitle20, Education.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, ofprovisions in subsec. (f)ofthis section relatingto submitting an- nual report to Congress, see section 3003 of Pub. L. 104-66, set out as a noteunder section 1113 ofTitle 31, Money and Finance, and page 97 of House Document No. 103-7.
§671a.Workers'family protection (a)Shorttitle

This section may be cited as the "Workers' FamilyProtection Act". (b)Findingsandpurpose

(1) Findings

Congress findsthat-

(A) hazardous chemicals and substances that can threaten the health and safety of workers are being transported out of industries on workers' clothing andpersons;

(B) these chemicals and substances have the potential to pose an additional threat to the health and welfare ofworkers 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 ofthistype. (2) Purpose

It is thepurpose ofthis 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 theirfamilies; §671a Page 170TITLE 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 ofemployee transported contaminantreleases (1) Study

(A) Ingeneral

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 ofother Federal Government agencies as determined to be appropriate by theDirector, 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 ofsuch workers. (B) Matters tobeevaluated

In conducting the study and evaluation under subparagraph (A), theDirector shall- (i) conduct a review ofpast incidents of home contamination through the utilization of literature and ofrecords concerning past investigations and enforcement actionsundertaken by- (I) the National Institute for Occupational Safety andHealth;

(II) the Secretary of Labor to enforce the Occupational Safety and Health Act of1970 (29U.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 contaminantreleases, including- (I) the effectiveness of workplace housekeeping practices andpersonal protective equipment in preventing such incidents;

(II) thehealth effects, if any, ofthe resulting exposure on workers and their families;

(III) the effectiveness ofnormal 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 homeenvironment; and

(V) methods for differentiating exposure health effects and relative risks associated with specific agents from other

sources of exposure inside and outside thehome; (iv) identify the role of Federal and State agencies in responding to incidents ofhomecontamination;

(v) prepare and submitto theTask Force established under paragraph (2) and to the appropriate committees of Congress, a report concerning the results ofthe matters studied or evaluated under clauses (i) through (iv); and

(vi) studyhome 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 ofinvestigative 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) becomposed ofnot more than 15 individuals to be appointed by the Director from among individuals who arerepresentative of workers, industry, scientists, industrial hygienists, the National Research Council, and government agencies, except that not more than one such individual shall befrom 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 andthe feasibility ofdeveloping such additional data; and

(iv)if additional data are determined by the Task Force to be needed, develop arecommended investigative strategy for use in obtaining such information. (B)Investigative strategy

(i) Content

The investigative strategy developed under subparagraph (A)(iv) shall identify data gapsthat 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 anyrequired data. (ii)Peerreview

The Director shall publish the proposed investigative strategy under subparagraph Page 171 §671aTITLE 29-LABOR

(A)(iv) for public comment and utilize other methods, including technical conferences or seminars,for thepurpose ofobtaining comments concerning the proposed strategy. (iii)Finalstrategy

After the peer review and public comment is conducted under clause (ii), the Director,in consultation with theheads of othergovernment agencies, shallpropose a final strategy for investigating issues related tohome 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 itscompletion. (3) Implementationofinvestigative strategy

Upon completion of the investigative strategy under subparagraph (B)(iii), each Federal agency or department shall fulfill the role assignedto it bythe strategy. (d)Regulations

(1) In general

Notlater than4 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 ofexisting 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 theresult ofsuchdetermination. (2)Additionalregulations orstandards

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) Authorizationofappropriations

There are authorized to be appropriated from

sums otherwise authorized to be appropriated, for each fiscal year such sums as may be necessary tocarry outthissection. (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 toin subsecs. (c)(1)(B)(i)(II) and (d)(2), isPub.L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to this chapter. For complete classification ofthis Act to the Code, see Short Title note set outunder section651 ofthis title and Tables.

CODIFICATION Section was enacted as part ofthe Fire Administration Authorization Act of1992, and not as part ofthe Occupational Safety and HealthAct of1970 which com- prisesthischapter.
§672. GrantstoStates (a) Designation ofState agency to assist State in identifying State needs and responsibilities andin developing Stateplans
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 ofthistitle to assist them- (1) in identifying their needs andresponsibilities in the area of occupational safety and health,

(2) in developing State plans under section 667ofthistitle,or

(3) in developing plansfor-

(A) establishing systems forthe collection of information concerning the nature and frequency of occupational injuries and diseases;

(B) increasing the expertise and enforcement capabilities oftheirpersonnel engaged in occupational safety andhealth programs;

or(C) otherwise improving the administration and enforcement of State occupational safety and health laws, including standards thereunder, consistent with the objectives of thischapter. (b)Experimentalanddemonstrationprojects

The Secretary is authorized, during the fiscal year ending June 30, 1971, and the two succeedingfiscal years, to make grants tothe States for experimental and demonstration projects consistent with the objectives set forth in subsection (a) ofthis section. (c) Designation byGovernorofappropriateState agency forreceiptofgrant The Governor ofthe State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section. (d)Submission ofapplication

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 orrejectionofapplication

The Secretary shall review the application, and shall, after consultation with the Secretary ofHealth and Human Services, approve orreject suchapplication. (f) Federalshare

The Federal share for each State grant under subsection (a) or (b) ofthis section may not exceed 90percentum ofthe totalcost ofthe appli- §672 Page 172TITLE 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 thebasis ofobjective criteria. (g) Administration and enforcement ofprograms 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 50per 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 underthis subsection. (h) Report toPresident andCongress

Prior to June 30, 1973, the Secretary shall, after consultation with the Secretary ofHealth 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 recommendationshe 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 ofHealth,Education, and Welfare" in subsec. (c), pursuant to section 509(b) of Pub. L.96-88which isclassifiedto section 3508(b) ofTitle20, Education.
§673. Statistics (a) Development and maintenance ofprogram of collection, compilation, andanalysis; employments subjecttocoverage; scope In order to further the purposes of this chapter, the Secretary, in consultation with the Secretary ofHealth 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 otherprovisions ofthis chapterbut shall notcover 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, whetheror notinvolving loss oftimefrom 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, ortransfer to anotherjob. (b) Authority of Secretary to promote, encourage, or engage in programs, make grants, and grantorcontract forresearch 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 thereofin 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 ofthis section. (c)Federal shareforgrants

The Federal share for each grant under subsection (b) of this section may be up to 50 per centum oftheState's total cost. (d)Utilization by Secretary ofStateorlocal services, facilities, andemployees; consent; reimbursement
The Secretary may, with the consent of any State or political subdivision thereof, accept anduse 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) Reportsby employers

On thebasis ofthe records made and keptpursuant 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 hisfunctions under thischapter. (f) Supersedure of agreements between Department of Labor and States for collection of statistics Agreements between the Department ofLabor and States pertaining to the collection ofoccupational safety and health statistics already in effect onthe effective date of this chapter shall remain in effect until superseded by grants or contracts madeunder thischapter. (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 effectivedate ofthis chapter, referred to in subsec. (f), means the effective date ofPub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, which is 120 days after Dec. 29, 1970, see section34 ofPub.L.91-596, set outas anEffectiveDatenoteundersection 651ofthistitle.

CHANGE OF NAME "Secretary of Health and Human Services" substituted for "Secretary ofHealth,Education, andWelfare" in subsec. (a)pursuant tosection 509(b) ofPub.L. 96-88 which isclassified to section 3508(b) ofTitle 20, Education.
§674. Audit of grant recipient; maintenance of records; contents ofrecords; access to books,
etc. (a) Each recipient ofa 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 ofthe project or undertaking in connection with which such grant is made or used, and the
amount ofthat portion ofthe costofthe project

or undertaking supplied by other sources, and Page 173 §674TITLE 29-LABOR

such other records aswill facilitate an effective audit.

(b) The Secretary or the Secretary ofHealth 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, andrecords ofthe recipients ofany grant underthis chapter that are pertinent toany suchgrant. (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, andWelfare" pursuant to section 509(b) ofPub.L. 96-88 which is classified to section 3508(b) ofTitle 20, Education.
§675. Annual reports by Secretary ofLaborand Secretary of Health and Human Services; contents

Within onehundred 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 theCongress a report upon the subject matter of this chapter, the progress toward achievement ofthe purpose of this chapter, the needs andrequirements 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; anevaluation ofthe degree of observance of applicable occupational safety and health standards, and a summary ofinspection and enforcement activity undertaken; analysis and evaluation of research activities for which results have been obtained under governmental andnongovernmental sponsorship; an analysis ofmajor occupational diseases; evaluation ofavailable control andmeasurement 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; aprogress report on the development of an adequate supply oftrained manpower in the field ofoccupational safety and health, including estimates of future needs and theefforts 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 ofthis 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 OFNAME "Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, andWelfare".in textpursuant tosection 509(b) ofPub. L.96-88 whichisclassified to section3508(b) ofTitle 20, Education.

TERMINATION OF REPORTING REQUIREMENTS Fortermination, effective May 15, 2000, ofprovisions in this sectionrelating tothe transmittal to Congress ofreports prepared by the Secretary ofLabor 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 ofTitle 31, Money and Finance, and pages98 and 124ofHouse 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 SecretaryofLabor,incooperation with Directorof National Institute for Occupational Safety andHealth, to conduct astudyofoccupationally relatedpulmonary and respiratory diseases and to complete such study and report findingsto President and Congressnotlater than 18monthsafterMar. 1,1978.
§676. Omitted

CODIFICATION

Section, Pub.L.91-596, §27, Dec. 29, 1970, 84Stat. 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 finalreport to be transmitted to President and Congress not later than July 31, 1972, ninetydays afterwhich theCommissionceased toexist.
§677. Separability

If anyprovision ofthis chapter, or the application ofsuch 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 notbe affected thereby. (Pub. L. 91-596, §32, Dec. 29, 1970, 84 Stat. 1619.)

§678.Authorization ofappropriations

There are authorized to be appropriated to carry out this chapter for each fiscal year such

sums as theCongress shall deemnecessary. (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. Jointfunding. Definitions. Allotment percentage. Nonduplication. Application ofotherlaws. Administration. Reports. Evaluation. Page 174 §675