An Act to promote health and safety in the building trades and construction Industry in all Federal and federally financed or federally assisted construction projects
PL 91-54 (H.R.10946), enacted 08/09/1969

96 
PUBLIC LAW 91-54-AUG. 9, 1969 
[83 STAT. 
737-
68A Stat 
825. 
82 Stat. 260. 
"Installment 
d a t e . " 
26 u s e 3402. 
Ante, 
p. 42; 
Post, 
pp.686-705. 
Effective 
date. 
day after the date of enactment of this Act. With respect to any 
declaration or payment of estimated tax before such first install-
ment date, sections 6015, 6154, 6654, and 6655 of the Internal 
Revenue Code of 1954 shall be applied without regard to the 
amendments made by this section. For purposes of this paragraph, 
the term "installment date" means any date on which, under sec-
tion 6153 or 6154 of such Code (whichever is applicable), an 
installment payment of estimated tax is required to be made by 
the taxpayer. 
SEC. 6. EXTENSION OF WITHHOLDING TAX. 
(a) Section 3402 of the Internal Revenue Code of 1954 (relating 
to income tax collected at source) is amended— 
(1) by striking out "July 31, 1969" in subsection (a)(1) and 
inserting in lieu thereof "December 31, 1969"; 
(2) by striking out "August 1,1969" in subsection (a) (2) and 
inserting in lieu thereof "January 1, 1970"; and 
(3) by striking out "August 1, 1969" in subsection (c) (6) and 
inserting in lieu thereof "January 1,1970". 
(b) The amendments made by this section shall apply with respect 
to wages paid after July 31, 1969, and before January 1, 1970. 
Approved August 7, 1969. 
August 9, 1969 
[H. R. 10946] 
Public Law 91-54 
AN ACT 
To promote health and safety iu the building trades and consti'uction industry in 
all Federal and federally financed or federally assisted construction projects. 
Contract Work 
Hours standards 
Act, amendment. 
Construction 
industry, health 
and safety 
standards. 
76 Stat. 357. 
40 u s e 327 
note. 
80 Stat. 383. 
Noncompliance. 
49 Stat. 2038. 
Opportunity 
for hearing. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assembled^ That the Contract 
Work Hours Standards Act is amended by adding at the end there-
of the following: 
"SEC. 107. (a) It shall be a condition of each contract which is 
entered into under legislation subject to Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267), and is for construction, alteration, 
and/or repair, including painting and decorating, that no contractor 
or subcontractor contracting for any part of the contract work shall 
require any laborer or mechanic employed in the performance of the 
contract to work in surroundings or under working conditions w^hich 
are unsanitary, hazardous, or dangerous to his health or safety, as 
determined under construction safety and health standards promul-
gated by the Secretary by regulation based on proceedings pursuant 
to section 553 of title 5, United States Code, provided that such 
proceedings include a hearing of the nature authorized by said section. 
In formulating such standards, the Secretary shall consult with the 
Advisory Committee created by subsection (e). 
"(b) The Secretary is authorized to make such inspections, hold 
such hearings, issue such orders, and make such decisions based on 
findings of fact, as are deemed necessary to gain compliance with this 
section and any health and safety standard promulgated by the Secre-
tary under subsection (a), and for such purposes the Secretary and 
the United States district courts shall have the authority and juris-
diction provided by sections 4 and 5 of the Act of June 30, 1936 (41 
U.S.C. 38, 39). In the event that the Secretary of Labor determines 
noncompliance under the provisions of this section after an oppor-
tunity for an adjudicatory hearing by the Secretary of any condi-
83 STAT. ] 
PUBLIC LAW 91-54-AUG. 9, 1969 
97 
tion of a contract of a type described in clause (1) or (2) of section 
103(a) of this Act, the governmental agency for which the contract 
work is done shall have the right to cancel the contract, and to enter 
into other contracts for the completion of the contract work, charging 
any additional cost to the original contractor. In the event of noncom-
pliance, as determined by the Secretary after an opportunity for an 
adjudicatory hearing by the Secretary, of any condition of a contract 
of a type described m clause (3) of section 103(a), the governmental 
agency by which financial guarantee, assistance, or insurance for the 
contract work is provided shall have the right to withhold any such 
assistance attributable to the performance of the contract. Section 104 
of this Act shall not apply to the enforcement of this section. 
"(c) The United States district courts shall have jurisdiction for 
cause shown, in any actions brought by the Secretary, to enforce com-
pliance with the construction safety and health standard promulgated 
by the Secretary under subsection (a). 
"(d) (1) If the Secretary determines on the record after an oppor- fj;^"^^*"^ °^ 
tunity for an agency hearing that, by repeated willful or grossly negli-
gent violations of this Act, a contractor or subcontractor has demon-
strated that the provisions of subsections (b) and (c) are not effec-
tive to protect the safety and health of his employees, the Secretary 
shall make a finding to that effect and shall, not sooner than thirty 
days after giving notice of the findings to all interested persons, trans-
mit the name of such contractor or subcontractor to the Comptroller 
General. 
"(2) The Comptroller General shall distribute each name so trans- av^ards'^.^prohi-
mitted to him to all agencies of the Government, Unless the Secretary bition.' 
otherwise recommends, no contract subject to this section shall be 
aAvarded to such contractor or subcontractor or to any person in 
which such contractor or subcontractor has a substantial interest until 
three years have elapsed from the date the name is transmitted to 
the Comptroller General. If, before the end of such three-year period, 
the Secretary, after affording interested persons due notice and oppor-
tunity for hearing, is satisfied that a contractor or subcontractor whose 
name he has transmitted to the Comptroller General will thereafter 
comply responsibly with the requirements of this section, he shall ter-
minate the application of the preceding sentence to such contractor 
or subcontractor (and to any person in which the contractor or sub-
contractor has a substantial interest); and when the Comptroller Gen-
eral is informed of the Secretary's action he shall inform all agencies 
of the Government thereof. 
"(3) Any person aggrieved by the Secretary's action under sub- ^ei^iew^^^ 
sections (b) or (d) may, within sixty days after receiving notice 
thereof, file with the appropriate United States court of appeals a 
l)etition for review of such action. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Secretary, who 
shall thereupon file in the court the record upon which he based 
his action, as provided in section 2112 of title 28, L^nited States Code. J^ s*^*- ^'•^J 
The findings of fact by the Secretary, if supported by substantial 
evidence, shall be final. The court shall have power to make and 
enter a decree enforcing, modifying, and enforcing as so modified, or 
setting aside in whole or in part, the order of the Secretary or the 
appropriate Government agency. The judgment of the court shall be 
subject to review by the Supreme Court of the L'nited States upon 
certiorari or certification as provided in section 1254 of title 28, United 
States Code. 
62 stat. 928. 
98 
PUBLIC LAW 91-55-AUG. 9, 1969 
[83 STAT. 
lAdvisory Com-
mittee on 
Construction 
Safety and 
Health. 
Compensation, 
travel ex-
penses, etc. 
iPosf, ! p. 190. 
Safety pro-
grams, pro-
motion. 
76 Stat. 357. 
40 u s e 327 
note. 
"(e) (1) The Secretary shall establish in the Department of Labor 
an Advisory Committee on Construction Safety and Health (herein-
after referred to as the 'Advisory Committee') consisting of nine 
members appointed, without regard to the civil service laws, by the 
Secretary. The Secretary shall appoint one such member as Chairman. 
Three members of the Advisory Committee shall be persons represent-
ative of contractors to whom this section applies, three members 
shall be persons representative of employees primarily in the building 
trades and construction industry engaged in carrying out contracts 
to which this section applies, and three public representatives who 
shall be selected on the basis of their professional and technical com-
petence and experience in the construction health and safety field. 
"(2) The Advisory Committee shall advise the Secretary in the 
formulation of construction safety and health standards and other 
regulations, and with respect to policy matters arising in the adminis-
tration of this section. The Secretary may appoint such special advi-
sory and technical experts or consultants as may be necessary to carry 
out the functions of the Advisory Committee. 
"(3) Members of the Advisory Committee shall, while serving on 
the business of the Advisory Committee, be entitled to receive com-
pensation at rates fixed by the Secretary, but not exceeding $100 per 
day, including traveltime; and while so serving away from their 
homes or regular places of business, they may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5 of the LTnited States Code for persons in the 
Government service employed intermittently. 
"(f) The Secretary shall provide for the establishment and super-
vision of programs tor the education and training of employers and 
employees in the recognition, avoidance, and prevention of unsafe 
working conditions in employments covered by the Act, and to collect 
such reports and data and to consult with and advise employers as 
to the best means of preventing injuries." 
SEC. 2. The first section and section 2 of the Act of August 13, 1962, 
are each amended by inserting "and Safety*' after "Hours" each time 
it appears. 
Approved August 9, 1969. 
August 9, 1969 
[S. J. Res. 85] 
Public Law 91-55 
JOINT RESOLUTION 
To provide for the designation of the period from August 26, 1969, through 
September 1,1969, as "National Archery Weeli". 
National 
Archery Week. 
Proclamation. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the President is author-
ized and requested to issue a proclamation designating the seven-day 
period beginning August 26, 1969, and ending September 1, 1969, as 
"National Archery Week", and inviting the Governors and mayors 
of State and local governments of the LTnited States to issue similar 
proclamations. 
Approved August 9, 1969.