An Act to authorize the Secretary of Labor to set standards to assure safe and healthful working conditions for working men and women; to assist and encourage States to participate in efforts to assure such working conditions; to provide for research, inf
PL 91-596 (S.2193), enacted 12/29/1970

1590 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
December 29, 1970 
[S.2193] 
Occupational 
Safety and Health 
Act of 1970. 
Public Law 91-596 
AN ACT 
To assure safe and healthful working conditions for working men and women; 
by authorizing enforcement of the standards developed, under the Act; by 
assisting and encouraging the States in their efforts to assure safe and health-
ful working conditions; by providing for research, information, education, and 
training in the field of occupational safety and health; and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Vnited States of America in Congress assembled^ That this Act may 
be cited as the "Occupational Safety and Health Act of 1970". 
CONGRESSIONAL FINDINGS AND 
PURPOSE 
SEC. (2) The Congress finds that personal injuries and illnesses aris-
ing out of work situations impose a substantial burden upon, and are 
a hindrance to, interstate commerce in terms of lost production, wage 
loss, medical expenses, and disability compensation payments. 
(b) The Congress declares it to be its purpose and policy, through 
the exercise of its powers to regulate commerce among the several 
States and with foreign nations and to provide for the general welfare, 
to assure so far as possible every working man and woman in the 
Nation safe and healthful working conditions and to preserve our 
human resources— 
(1) by encouraging employers and employees in their efforts 
to reduce the number of occupational safety and health hazards 
at their places of employment, and to stimulate employers and 
employees to institute new and to perfect existing programs for 
providing safe and healthful working conditions; 
(2) by providing that employers and employees have separate 
but dependent responsibilities and rights with respect to achiev-
ing safe and healthful working conditions; 
(3) by authorizing the Secretary of Labor to set mandatory 
occupational safety and health standards applicable to businesses 
affecting interstate commerce, and by creating an Occupational 
Safety and Health Review Commission for carrying out adjudi-
catory functions under the Act; 
(4) by building upon advances already made through employer 
and employee initiative for providing safe and healthful working 
conditions; 
(5) by providing for research in the field of occupational 
safety and health, including the psychological factors involved, 
and 
by 
developing 
innovative 
methods, 
techniques, 
and 
approaches for dealing with occupational safety and health 
problems; 
(6) by exploring ways to discover latent diseases, establishing 
causal connections between diseases and work in environmental 
,
, conditions, and conducting other research relating to health prob-
lems, in recognition of the fact that occupational health standards 
present problems often different from those involved in occupa-
tional safety; 
(7) by providing medical criteria which will assure insofar as 
practicable that no employee will suffer diminished health, func-
tional capacity, or life expectancy as a result of his work 
experience; 
(8) by providing for training programs to increase the num-
ber and competence of personnel engaged in the field of occupa-
tional safety and health; 
84 STAT. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1591 
(9) by providing for the development and promulgation of 
occupational safety and health standards; 
(10) by providing an effective enforcement program which 
shall include a prohibition against giving advance notice of any 
inspection and sanctions for any individual violating this pro-
hibition ; 
(11) by encouraging the States to assume the fullest responsi-
bility for the administration and enforcement of their occupa-
tional 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 Act, to improve the administration and 
enforcement of State occupational safety and health laws, and 
to conduct experimental and demonstration projects in connec-
tion therewith; 
(12) by providing for appropriate reporting procedures with 
respect to occupational safety and health which procedures will 
help achieve the objectives of this Act and accurately describe 
the nature of the occupational safety and health problem; 
(13) by encouraging joint labor-management efforts to reduce 
injuries and disease arising out of employment. 
DEFINITIONS 
SEC. 3. For the purposes of this Act—• 
(1) The term "Secretary" mean the Secretary of Labor. 
(2) The term "Commission" means the Occupational Safety 
and Health Review Commission established under this Act, 
(3) The term "commerce" means trade, traffic, commerce, trans-
portation, or communication among the several States, or between 
a State and any place outside thereof, or within the District of 
Columbia, or a possession of the United States (other than the 
Trust Territory of the Pacific Islands), or between points in the 
same State but through a point outside thereof. 
(4) The term "person" means one or more individuals, partner-
ships, associations, corporations, business trusts, legal representa-
tives, or any organized group of persons. 
(5) The term "employer" means a person engaged in a 
business affecting commerce who has employees, but does not 
include the United States or any State or political subdivision 
of a State. 
(6) The term "employee" means an employee of an employer 
who is employed in a business of his employer which affects 
commerce. 
(7) The term "State" includes a State of the United States, the 
District of Columbia, Puerto Rico, the Virgin Islands, American 
Samoa, Guam, and the Trust Territory of the Pacific Islands. 
(8) The term "occupational safety and health standard" 
means a standard which requires conditions, or the adoption or 
use of one or more practices, means, methods, operations, or proc-
esses, reasonably necessary or appropriate to provide safe or 
healthful employment and places of employment. 
(9) The term "national consensus standard" means any occupa-
tional safety and health standard or modification thereof which 
(1), has been adopted and promulgated by a nationally recog-
nized standards-producing organization under procedures where-
by it can be determined by the Secretary that persons interested 
1592 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 
STAT. 
67 Stat. 462. 
43 u s e 1331 
note. 
73 Stat. 688. 
49 Stat. 2036. 
79 Stat. 1034. 
83 Stat. 96. 
72 Stat. 835. 
Ante, 
p. 443. 
Report to 
Congress. 
and affected by the scof)e or provisions of the standard have 
reached substantial agreement on its adoption, (2) was formu-
lated in a manner which afforded an opportunity for diverse 
views to be considered and (3) has been designated as such a 
standard by the Secretary, after consultation with other appro-
priate Federal agencies. 
(10) The term "established Federal standard" means any oper-
ative occupational safety and health standard established by any 
agency of the United States and presently in effect, or contained 
in any Act of Congress in force on the date of enactment of this 
Act. 
(11) The term "Committee" means the National Advisory 
Committee on Occupational Safety and Health established under 
this Act. 
(12) The term "Director" means the Director of the National 
Institute for Occupational Safety and Health. 
(13) The term "Institute" means the National Institute for 
Occupational Safetv and Health established under this Act. 
(14) The term "Workmen's Compensation Commission" means 
the National Commission on State Workmen's Compensation 
Laws established under this Act. 
APPLICABILITY OF T H I S ACT 
SEC. 4. (a) This Act shall apply with respect to employment per-
formed in a workplace in a State, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, American Samoa, 
Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer 
Continental Shelf lands defined in the Outer Continental Shelf Lands 
Act, Johnston Island, and the Canal Zone. The Secretary of the Inte-
rior shall, by regulation, provide for judicial enforcement of this 
Act by the courts established for areas in which there are no United 
States district courts having jurisdiction. 
(b)(1) Nothing in this Act shall apply to working conditions of 
employees with respect to which other Federal agencies, and State 
agencies acting under section 274 of the Atomic Energy Act of 1954, 
as amended (42 U.S.C. 2021), exercise statutory authority to pre-
scribe or enforce standards or regulations affecting occupational safety 
or health. 
(2) The safety and health standards promulgated under the Act 
of June 30, 1936, commonly known as the Walsh-Healey Act (41 
U.S.C. 35 et seq.), the Service Contract Act of 1965 (41 U.S.C. 351 
et seq.), Public Law 91-54, Act of August 9, 1969 (40 U.S.C. 333), 
Public Law 85-742, Act of August 23, 1958 (33 U.S.C. 941), and the 
National Foundation on Arts and Humanities Act (20 U.S.C. 951 et 
seq.) are superseded on the effective date of corresponding standards, 
promulgated under this Act, which are determined by the Secretary 
to be more effective. Standards issued under the laws listed in this 
paragraph and in effect on or after the effective date of this Act shall 
he deemed to be occupational safety and health standards issued under 
this Act, as well as under such other Acts. 
(3) The Secretary shall, within three years after the effective date 
of this Act, report to the Congress his recommendations for legisla-
tion to avoid unnecessary duplication and to achieve coordination 
between this Act and other Federal laws. 
84 STAT. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1593 
(4) Nothing in this Act shall be construed to supersede or in any 
manner affect any workmen's compensation law or to enlarge or 
diminish or affect in any other maimer the common law or statutory 
rights, duties, or liabilities of employers and employees under any 
law with respect to injuries, diseases, or death of employees arising 
out of, or in the course of, employment. 
DUTIES 
SEC. 5. (a) Each employer— 
(1) shall furnish to each of his employees employment and a 
place of employment which are free from recognized hazards 
that are causing or are likely to cause death or serious physical 
harm to his employees; 
(2) shall comply with occupational safety and health standards 
promulgated under this Act. 
(b) Each employee shall comply with occupational safety and 
health standards and all rules, regulations, and orders issued pursuant 
to this Act which are applicable to his own actions and conduct. 
OCCUPATIONAL SAFETY AND H E A L T H STANDARDS 
SEC. 6. (a) Without regard to chapter 5 of title 5, United States 
Code, or to the other subsections of this section, the Secretary shall, 8i®stat?\*95^^' 
as soon as practicable during the period beginning with the effective 
5 use 500, 
date of this Act and ending two years after such date, by rule promul-
gate as an occupational safety or health standard any national con-
sensus standard, and any established Federal standard, unless he deter-
mines that the promulgation of such a standard would not result in 
improved safety or health for specifically designated employees. In the 
event of conflict among any such standards, the Secretary shall pro-
mulgate the standard which assures the greatest protection of the 
safety or health of the affected employees. 
(b) The Secretary may by rule promulgate, modify, or revoke any 
occupational safety or health standard in the following manner: 
(1) Whenever the Secretary, upon the basis of information sub-
mitted to him in writing by an interested person, a representative of 
any organization of employers or employees, a nationally recognized 
standards-producing organization, the Secretary of Health, Educa-
tion, and Welfare, the National Institute for Occupational Safety and 
Health, or a State or political subdivision, or on the basis of informa-
tion developed by the Secretary or otherwise available to him, deter-
mines that a rule should be promulgated in order to serve the objec-
tives of this Act, the Secretary may request the recommendations of 
Advisory com-
an advisory committee appointed under section 7 of this Act. The Sec- mendation's°'"" 
retai^ shall provide such an advisory committee with any proposals 
of his own or of the Secretary of Health, Education, and Welfare, 
together with all pertinent factual information developed by the Sec-
retary or the Secretary of Health, Education, and Welfare, or other-
wise available, including the results of research, demonstrations, and 
experiments. An advisory committee shall submit to the Secretary its 
recommendations regarding the rule to be promulgated within ninety 
days from the date of its appointment or within such longer or shorter 
period as may be prescribed by the Secretary, but in no event for a 
period which is longer than two hundred and seventy days. 
1594 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Publication in 
Federal Register. 
Hearing, notice. 
Publication in 
Federal Register, 
Toxic materials. 
Temporary 
variance order. 
(2) The Secretary shall publish a proposed rule promulgating, 
modifying, or revokmg an occupational safety or health standard in 
the Federal Register and shall afford interested persons a period of 
thirty days after publication to submit written data or comments. 
Where an advisory committee is appointed and the Secretary deter-
mines that a rule should be issued, he shall publish the proposed rule 
within sixty days after the submission of the advisory committee's 
recommendations or the expiration of the period prescribed by the 
Secretary for such submission. 
(3) On or before the last day of the period provided for the sub-
mission of written data or comments under paragraph (2), any 
interested person may file with the Secretary written objections to the 
proposed rule, stating the grounds therefor and requesting a public 
hearing on such objections. Within thirty days after the last day for 
filing such objections, the Secretary shall publish in the Federal Regis-
ter a notice specifying the occupational safety or health standard to 
which objections have been filed and a hearing requested, and specify-
ing 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, modify-
ing, or revoking an occupational safety or health standard or make a 
determination that a rule should not be issued. Such a rule may con-
tain a provision delaying its effective date for such period (not in 
excess of ninety days) as the Secretary determines may be necessary to 
insure that affected employers and employees will be informed of the 
existence of the standard and of its terms and that employers affected 
are given an opportunity to familiarize themselves and their employees 
with the existence of the requirements of the standard. 
(5) The Secretary, in promulgating standards dealing with toxic 
materials or harmful physical agents under this subsection, shall set 
the standard which most adequately assures, to the extent feasible, on 
the basis of the best available evidence, that no employee will suffer 
material impairment of health or functional capacity even if such 
employee has regular exposure to the hazard dealt with by such stand-
ard for the period of his working life. Development of standards under 
this subsection shall be based upon research, demonstrations, experi-
ments, and such other information as may be appropriate. In addition 
to the attainment of the highest degree of health and safety protection 
for the employee, other considerations shall be the latest available 
scientific data in the field, the feasibility of the standards, and experi-
ence gained under this and other health and safety laws. Whenever 
practicable, the standard promulgated shall be expressed in terms of 
objective criteria and of the performance desired. 
(6) (A) Any employer may apply to the Secretary for a temporary 
order granting a variance from a standard or any provision thereof 
promulgated under this section. Such temporary order shall be granted 
only if the employer files an application which meets the requirements 
of clause (B) and establishes that (i) he is unable to comply with a 
standard by its effective date because of unavailability of professional 
or technical personnel or of materials and equipment needed to come 
into compliance with the standard or because necessary construction 
or alteration of facilities cannot be completed by the effective date, 
(ii) he is taking all available steps to safeguard his employees against 
the hazards covered by the standard, and (iii) he has an effective pro-
gram for coming into compliance wnth the standard as quickly as 
84 STAT.] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1595 
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 temporar}^ order may be granted only after notice to 
employees and an opportunity for a hearing: Provided^ That the Sec-
retary may issue one interim order to be effective until a decision is 
made on the basis of the hearing. No temporary order may be in effect 
for longer than the period needed by the employer to achieve compli-
ance with the standard or one year, whichever is shorter, except that 
such an order may be renewed not more than twice (I) so long as the 
requirements of this paragraph are met and (II) if an application for 
renewal is filed at least 90 days prior to the expiration date of the 
order. No interim renewal of an order may remain in effect for longer 
than 180 days. 
(B) An application for a temporary order under this paragraph 
(6) shall contain: 
(i) a specification of the standard or portion thereof from 
which the employer seeks a variance, 
(ii) a representation by the employer, supported by representa-
tions from qualified persons having firsthand knowledge of the 
facts represented, that he is unable to comply with the standard 
or portion thereof and a detailed statement of the reasons 
therefor, 
(iii) a statement of the steps he has taken and will take (with 
specific dates) to protect employees against the hazard covered by 
the standard, 
(iv) a statement of when he expects to be able to comply with 
the standard and what steps he has taken and what steps he will 
take (with dates specified) to come into compliance with the stand-
ard, and 
(v) a certification that he has informed his employees of the 
application by giving a copy thereof to their authorized repre-
sentative, posting a statement giving a summary of the applica-
tion 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 con-
tained in the certification. The information to employees shall also 
inform them of their right to petition the Secretary for a hearing. 
(C) The Secretary is authorized to grant a variance from any 
standard or portion thereof whenever he determines, or the Secretary 
of Health, Education, and Welfare certifies, that such variance is 
necessary to j)ermit an employer to participate in an experiment 
approved by him or the Secretary of Health, Education, and Welfare 
designed to demonstrate or validate new and improved techniques to 
safeguard the health or safety of workers. 
(7) Any standard promulgated under this subsection shall prescribe 
the use of labels or other appropriate forms of warning as are neces-
sary to insure that employees are apprised of all hazards to which 
they are exposed, relevant symptoms and appropriate emergency treat-
ment, and proper conditions and precautions of safe use or exposure. 
Where apjiropriate, such standard shall also prescribe suitable pro-
tective 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 
Notice, 
hearing. 
Renewal. 
Time limitation. 
Labels, etc. 
Protective 
equipment, etc. 
1596 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Medical exami-
nations. 
80 Stat. 383. 
Publication in 
Federal Register. 
Temporary 
standard. 
Publication in 
Federal Register. 
80 Stat. 381; 
81 Stat. 195. 
5 use 500. 
Time limitation. 
Variance rule. 
addition, where appropriate, any such standard shall prescribe the 
type and frequency of medical examinations or other tests which shall 
be made available, by the employer or at his cost, to employees exposed 
to such hazards in order to most effectively determine whether the 
health of such employees is adversely affected by such exposure. In the 
event such medical examinations are in the nature of research, as deter-
mined by the Secretary of Health, Education, and Welfare, such exam-
inations may be furnished at the expense of the Secretary of Health, 
Education, and Welfare. The results of such examinations or tests 
shall be furnished only to the Secretary or the Secretary of Health, 
Education, and Welfare, and, at the request of the employee, to his 
physician. The Secretary, in consultation with the Secretary of Health, 
Education,.and Welfare, may by rule promulgated pursuant to sec-
tion 553 of title 5, United States Code, make appropriate modifica-
tions in the foregoing requirements relating to the use of labels or 
other forms of warning, monitoring or measuring, and medical exami-
nations, as may be warranted by experience, information, or medical 
or technological developments acquired subsequent to the promulga-
tion of the relevant standard. 
(8) Whenever a rule promulgated by the Secretary differs substan-
tially from an existing national consensus standard, the Secretary 
shall, at the same time, publish in the Federal Register a statement 
of the reasons why the rule as adopted will better effectuate the pur-
poses of this Act than the national consensus standard. 
(c) (1) The Secretary shall provide, without regard to the require-
ments of chapter 5, title 5, United States Code, for an emergency tem-
porary standard to take immediate effect upon publication in the 
Federal Register if he determines (A) that employees are exposed to 
grave danger from exposure to substances or agents determined to be 
toxic or physically harmful or from new hazards, and (B) that such 
emergency standard is necessary to protect employees from such 
danger. 
(2) Such standard shall be effective until superseded by a standard 
promulgated in accordance with the procedures prescribed in para-
graph (3) of this subsection. 
(3) Upon publication of such standard in the Federal Register the 
Secretary shall commence a proceeding in accordance with section 
6(b) of this Act, 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 publica-
tion of the emergency standard as provided in paragraph (2) of this 
subsection. 
(d) Any affected employer may apply to the Secretary for a rule or 
order for a variance from a standard promulgated under this section. 
Affected employees shall be given notice of each such application and 
an opportunity to participate in a hearing. The Secretary shall issue 
such rule or order if he determines on the record, after opportunity for 
an inspection where appropriate and a hearing, that the proponent of 
the variance has demonstrated by a preponderance of the evidence that 
the conditions, practices, means, methods, operations, or processes 
used or proposed to be used by an employer will provide employment 
and places of employment to his employees which are as safe and 
healthful as those which would prevail if he complied with the 
standard. The rule or order so issued shall prescribe the conditions 
the employer must maintain, and the practices, means, methods, opera-
tions, and processes which he must adopt and utilize to the extent they 
84 STAT.] 
PUBLIC LA\V 91-596-DEC. 29, 1970 
1597 
differ from the standard in question. Such a rule or order may be modi-
fied or revoked upon application by an employer, employees, or by the 
Secretary on his own motion, in the manner prescribed for its issuance 
under this subsection at any time after six months from its issuance. 
(e) 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 Act, 
he shall include a statement of the reasons for such action, which shall 
be published in the Federal Register. 
(f) Any person who may be adversely affected by a standard issued 
under this section may at any time prior to the sixtieth day after such 
standard is promulgated file a petition challenging the validity of such 
standard with the United States court of appeals for the circuit 
wherein such person resides or has his principal place of business, for 
a judicial review of such standard. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Secretary. The 
filing of such petition shall not, unless otherwise ordered by the court, 
operate as a stay of the standard. The determinations of the Secretary 
shall be conclusive if supported by substantial evidence in the record 
considered as a whole. 
(g) In determining the priority for establishing standards under 
this section, the Secretary shall give due regard to the urgency of the 
need for mandatory safety and health standards for particular 
industries, trades, crafts, occupations, businesses, workplaces or work 
environments. The Secretary shall also give due regard to the recom-
mendations of the Secretary of Health, Education, and Welfare 
regarding the need for mandatory standards in determining the pri-
ority for establishing such standards. 
Publication in 
Federal Register. 
Judicial review, 
petition. 
ADVISORY C O M M I T T E E S ; 
A D M I N I S T R A T I O N 
SEC. 7. (a)(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 desig-
nated by the Secretary of Health, Education, and Welfare, Avithout 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and composed of representa-
tives of manangement, 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 occu-
pational safety and health. 
(2) The Committee shall advise, consult with, and make recom-
mendations to the Secretary and the Secretary of Health, Education, 
and Welfare oh matters relating to the administration of the Act. The 
Committee shall hold no fewer than two meetings during each calen-
dar 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 ac-
cordance with the provisions of section 3109 of title 5, United States 
Code. 
(4) The Secretary shall furnish to the Committee an executive sec-
retary and such secretarial, clerical, and other services as are deemed 
necessary to the conduct of its business. 
(b) An advisory committee may be appointed by the Secretary to 
assist him in his standard-setting functions under section 6 of this Act. 
Each such committee shall consist of not more than fifteen members 
Establishment; 
membership. 
80 Stat. 378. 
5 use 101 et 
seq. 
Public tran-
script. 
80 Stat. 416. 
1598 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
and shall include as a member one or more designees of the Secretary 
of Health, Education, and Welfare, and shall include among its mem-
bers an equal number of persons qualified by experience and affiliation 
to present the viewpoint of the employers involved, and of persons 
similarly qualified to present the viewpoint of the workers involved, 
as well as one or more representatives of health and safety agencies of 
the States. An advisory committee may also include such other persons 
as the Secretary may appoint who are qualified by knowledge and 
experience to make a useful contribution to the work of such com-
mittee, including one or more representatives of professional organi-
zations of technicians or professionals specializing in occupational 
safety or health, and one or more representatives of nationally recog-
nized standards-producing organizations, but the number of persons 
so appointed to any such advisory committee shall not exceed the num-
ber appointed to such committee as representatives of Federal and 
State agencies. Persons appointed to advisory committees from pri-
vate life shall be compensated in the same manner as consultants or 
80 Stat. 416. 
experts under section 8109 of title 5, United States Code. The Secre-
tary shall pay to any State which is the employer of a member of 
such a committee Avho is a representative of the health or safety agency 
of that State, reimbursement sufficient to cover the actual cost to 
the State resulting from such representative's membership on such 
Recordkeeping, 
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. 
Xo member of such committee (other than representatives of employ-
ers and employees) shall have an economic interest in any proposed 
rule. 
(c) In carrying out his responsibilities under this Act, the Secretary 
is authorized to— 
(1) use, with the consent of any Federal agency, the services, 
facilities, and personnel of such agency, with or without reim-
bursement, and with the consent of any State or political subdi-
vision thereof, accept and use the services, facilities, and personnel 
of any agency of such State or subdivision Avith reimbursement; 
and 
(2) employ experts and consultants or organizations thereof as 
authorized by section 8109 of title 5, United States Code, 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 
Ante, p. 198-1. 
5332 of title 5, United States Code, including traveltime, and 
allow them while away from their homes or regular places of busi-
ness, travel expenses (including per diem in lieu of subsistence) as 
83^stfr\'9o^^' 
authorized by section 5703 of title 5, United States Code, for per-
sons in the Government service employed intermittently, while so 
employed. 
INSPECTIONS. IXVESTIGATIOXS. AXD RECORDKEEPING 
SEC. 8. (a) In order to carry out the purposes of this Act, the Secre-
tary, upon presenting appropriate credentials to the owner, operator, 
or agent in charge, is authorized— 
(1) to enter without delay and at reasonable times any factory, 
plant, establishment, construction site, or other area, workplace or 
environment where work is performed by an employee of an 
employer; and 
84 STAT.] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1599 
(2) to inspect t\nd investigate during regular working hours 
and at other reasonable times, and within reasonable limits and 
in a reasonable manner, any such place of employment and all 
pertinent conditions, structures, machines, apparatus, devices, 
equipment, and materials therein, and to question privately any 
such employer, owner, operator, agent or employee, 
(b) In making his inspections and investigations under this Act 
the Secretary may require the attendance and testimony of witnesses 
and the production of evidence under oath. Witnesses shall be paid 
the same fees and mileage that are paid witnesses in the courts of the 
L^nited States. In case of a contumacy, failure, or refusal of any per-
son to obey such an order, any district court of the United States or 
the Laiited States courts of any territory or possession, within the 
jurisdiction of which such person is found, or resides or transacts 
business, upon the application by the Secretary, shall have jurisdic-
tion to issue to such person an order requiring such person to appear 
to produce evidence if, as, and when so ordered, and to give testimony 
relating to the matter under investigation or in question, and any fail-
ure to obey such order of the court may be punished by said court as 
a contempt thereof. 
(c)(1) Each employer shall make, keep and preserve, and make 
available to the Secretary or the Secretary of Health, Education, and 
Welfare, such records regarding his activities relating to this Act as 
the Secretary, in cooperation with the Secretary of Health, Education, 
and Welfare, may prescribe by regulation as necessary or appropriate 
for the enforcement of this Act or for developing information regard-
ing the causes and prevention of oc^'upational accidents and ill-
nesses. In order to carry out the provisions of this paragraph such 
regulations may include provisions requiring employers to conduct 
periodic inspections. The Secretary shall also issue regulations requir-
ing that employers, through posting of notices or other appropriate 
means, keep their employees informed of their protections and obliga-
tions under this Act, including the provisions of applicable standards. 
(2) The Secretary, in cooperation with the Secretary of Health, 
Education, and Welfare, shall prescribe regulations requiring employ-
ers to maintain accurate records of, and to make periodic reports on, 
work-related deaths, injuries and illnesses other than minor injuries 
requiring only first aid treatment and which do not involve medical 
treatment, loss of consciousness, restriction of work or motion, or 
transfer to another job. 
(3) The Secretary, in cooperation with the Secretary of Health, 
Education, and Welfare, 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 6. Such regulations shall provide 
employees or their representatives with an opportunity to observe 
such monitoring or measuring, and to have access to the records 
thereof. Such regulations shall also make appropriate provision for 
each employee or former employee to have access to such records as will 
indicate his own exposure to toxic materials or harmful physical 
agents. Each employer shall promptly notify any employee who has 
been or is being exposed to toxic materials or harmful ph^^sical agents 
in concentrations or at levels which exceed those prescribed by an 
applicable occupational safety and health standard promulgated under 
section 6, and shall inform any employee who is being thus exposed 
of the corrective action being taken. 
Subpoena power. 
Recordkeeping. 
Work-related 
deaths, etc.; 
reports. 
Toxic materials, 
records. 
1600 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Reports, publi-
cation. 
Rules and 
regulations. 
(d) Any information obtained by the Secretary, the Secretary of 
Health, Education, and Welfare, or a State agency under this Act 
shall be obtained with a minimum burden upon employers, especially 
those operating small businesses. Unnecessary duplication of efforts in 
obtaining information shall be reduced to the maximum extent 
feasible. 
(e) Subject to regulations issued by the Secretary, a representative 
of the employer and a representative authorized by his employees shall 
be given an opportunity to accompany the Secretary or his authorized 
representative during the physical inspection of any workplace under 
subsection (a) for the purpose of aiding such inspection. Where there 
is no authorized employee representative, the Secretary or his 
authorized representative shall consult with a reasonable number of 
employees concerning matters of health and safety in the workplace. 
(f) (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 repre-
sentative of such violation or danger. Any such notice shall be reduced 
to writing, shall set forth with reasonable particularity the grounds 
for the notice, and shall be signed by the employees or representative 
of employees, and a copy shall be provided the employer or his agent 
no later than at the time of inspection, except that, upon the request 
of the person giving such notice, his name and the names of individual 
employees referred to therein shall not appear in such copy or on any 
record published, released, or made available pursuant to subsection 
(g) of this section. If upon receipt of such notification the Secretary 
determines there are reasonable grounds to believe that such violation 
or danger exists, he shall make a special inspection in accordance with 
the provisions of this section as soon as practicable, to determine if 
such violation or danger exists. If the Secretary determines there are 
no reasonable grounds to believe that a violation or danger exists he 
shall notify the employees or representative of the employees in writ-
ing of such determination. 
(2) Prior to or during any inspection of a workplace, any employ-
ees or representative of employees employed in such workplace may 
notify the Secretary or any representative of the Secretary responsible 
for conducting the inspection, in writing, of any violation of this Act 
which they have reason to believe exists in such workplace. The Sec-
retary shall, by regulation, establish procedures for informal review 
of any refusal by a representative of the Secretary to issue a citation 
with respect to any such alleged violation and shall furnish the 
employees or representative of employees requesting such review a 
written statement of the reasons for the Secretary's final disposition 
of the case. 
(g)(1) The Secretary and Secretary of Health, Education, and 
Welfare are authorized to compile, analyze, and publish, either in 
summary or detailed form, all reports or information obtained under 
this section. 
(2) The Secretary and the Secretary of Health, Education, and 
Welfare shall each prescribe such rules and regulations as he may 
deem necessary to carry out their responsibilities under this Act, 
including rules and regulations dealing with the inspection of an 
employer's establishment. 
Limitation. 
84 STAT.] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1601 
CITATIONS 
SEC. 9. (a) If, upon inspection or inAestigation, the Secretary or his 
authorized representative believes that an employer has violated a 
requirement of section 5 of this Act, of any standard, rule or order 
promulgated pursuant to section 6 of this Act, or of any regulations 
prescribed pursuant to this Act, he shall with reasonable promptness 
issue a citation to the employer. Each citation shall be in Avriting and 
sliall describe with paiticularity the nature of the violation, including 
a reference to the provision of the Act, standard, rule, regulation, or 
order alleged to have been violated. In addition, the citation shall fix 
a reasonable time for the abatement of the violation. The Secretary 
may prescribe procedures for the issuance of a notice in lieu of a cita-
tion with respect to de minimis violations Avhich have no direct or 
immediate relationship to safety or health. 
(b) Each citation issued under this section, or a copy or copies 
tiiereof, shall be prominently posted, as prescribed in regulations 
issued by the Secretary, at or near each place a violation i-eferred to in 
the citation occurred. 
(c) No citation may be issued under this section after the expiration 
of six months following the occurrence of any violation. 
PROCEDURE FOR ENFORCEMENT 
SEC. 10. (a) If, after an inspection or investigation, the Secretary 
issues a citation under section 9(a), he shall, within a reasonable time 
after the termination of such inspection or investigation, notify the 
employer by certified mail of the penalty, if any, proposed to be 
assessed under section 17 and that the employer has fifteen Avorking 
days within which to notify the Secretary that he wishes to contest the 
citation or proposed assessment of penalty. If. within fifteen working 
days from the receipt of the notice issued by the Secretary the. 
employer fails to notify the Secretary that he intends to contest the 
citation or proposed assessment of penalty, and no notice is filed by 
any employee or representative of employees under subsection (c) 
within such time, the citation and the assessment, as proposed, shall be 
deemed a final order of the Commission and not subject to review by 
any court or agency. 
(b) 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 shall not begin 
to run until the entry of a final order by the Commission in the case of 
any review proceedings under this section initiated by the employer 
in good faith and not solely for delay or avoidance of penalties), the 
Secretary shall notify the employer by certified mail of such failure 
and of the penalty proposed to be assessed under section 17 by reason 
of such failure, and that the employer has fifteen working days within 
which to notify the Secretary that he wishes to contest the Secretary's 
notification or the proposed assessment of penalty. If, Avithin fifteen 
Avorking days from the receipt of notification issued by the Secretary, 
the employer fails to notify the Secretary that he intends to contest 
the notification or proposed assessment of penalty, the notification and 
assessment, as proposed, shall be deemed a final order of the Com-
mission and not subject to review by any court or agency. 
(c) If an employer notifies the Secretary that he intends to contest 
a citation issued under section 9(a) or notification issued under sub-
section (a) or (b) of this section, or if, Avithin fifteen Avorking days 
1602 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
of the issuance of a citation under section 9(a), any employee or rep-
resentative of employees files a notice with the Secretary alleging that 
the period of time fixed in the citation for the abatement of the viola-
tion is unreasonable, the Secretary shall immediately advise the Com-
mission of such notification, and the Commission shall aflford an 
opportunity for a hearing (in accordance with section 554 of title 5, 
80 Stat. 384. 
United States Code, but without regard to subsection (a) (3) of such 
section). The Commission shall thereafter issue an order, based on 
findings of fact, affirming, modifying, or vacating the Secretary's 
citation or proposed penalty, or directing other appropriate relief, and 
such order shall become final thirty days after its issuance. Upon a 
showing by an employer of a good faith effort to comply wdth the 
abatement requirements of a citation, and that abatement has not been 
completed because of factors beyond Iris reasonable control, the Secre-
tary, after an opportunity for a hearing as provided in this subsection, 
shall issue an order affirming or modifying the abatement require-
ments in such citation. The rules of procedure prescribed by the Com-
mission shall provide affected employees or representatives of affected 
employees an opportunity to participate as parties to hearings under 
this subsection. 
JUDICIAL 
REVIEW 
SEC. 11. (a) Any person adversely affected or aggrieved by an order 
of the Commission issued under subsection (c) of section 10 may 
obtain a review of such order in any United States court of appeals for 
the circuit in which the violation is alleged to have occurred or where 
the employer has its principal office, or in the Court of Appeals for 
the District of Columbia Circuit, by filing in such court within sixty 
days following the issuance of such order a written petition praying 
that the order be modified or set aside. A copy of such petition shall be 
forthwith transmitted by the clerk of the court to the Commission and 
to the other parties, and thereupon the Commission shall file in the 
court the record in the proceeding as provided in section 2112 of title 28, 
8o'^stat^*i32V 
United States Code. Upon such filing, the court shall have jurisdiction 
of the proceeding and of the question determined therein, and shall 
have power to grant such temporary relief or restraining order as it 
deems just and proper, and to make and enter upon the pleadings, 
testimony, and proceedings set forth in such record a decree affirming, 
modifying, or setting aside in whole or in part, the order of the Com-
mission and enforcing the same to the extent that such order is affirmed 
or modified. The commencement of proceedings under this subsection 
shall not, unless ordered by the court, operate as a stay of the order of 
the Commission. No objection that has not been urged before the Com-
mission shall be considered by the court, unless the failure or neglect 
to urge such objection shall be excused because of extraordinary cir-
cumstances. 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 satisfac-
tion 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 addi-
tional evidence to be taken before the Commission and to be made a 
part of the record. The Commission may modify its findings as to the 
facts, or make new findings, by reason of additional evidence so taken 
and filed, and it shall file such modified or new findings, which find-
ings with respect to questions of fact, if supported by substantial evi-
84 STAT. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1603 
dence on the record considered as a whole, shall be conclusive, and its 
recommendations, if any, for the modification or setting aside of its 
original order. Upon the filing of the record with it, the jurisdiction 
of the court shall be exclusive and its judgment and decree shall be 
final, except that the same shall be subject to review by the Supreme 
Court of the United States, as provided in section 1254 of title 28, 
United States Code. Petitions filed under this subsection shall be heard 
^2 stat. 928. 
expeditiously. 
(b) The Secretary may also obtain review or enforcement of any 
final order of the Commission by filing a petition for such relief in the 
United States court of appeals for the circuit in which the alleged 
violation occurred or in which the employer has its principal office, 
and the provisions of subsection (a) shall govern such proceedings to 
the extent applicable. If no petition for review, as provided in subsec-
tion (a), is filed within sixty days after service of the Commission's 
order, the Commission's findings of fact and order shall be conclusive 
in connection with any petition for enforcement which is filed by the 
Secretary after the expiration of such sixty-day period. In any such 
case, as well as in the case of a noncontested citation or notification 
by the Secretary which has become a final order of the Commission 
under subsection (a) or (b) of section 10, the clerk of the court, unless 
otherwise ordered by the court, shall forthwith enter a decree enforc-
ing the order and shall transmit a copy of such decree to the Sec-
retary and the employer named in the petition. In any contempt 
proceeding brought to enforce a decree of a court of appeals entered 
pursuant to this subsection or subsection (a), the court of appeals may 
assess the penalties provided in section 17, in addition to invoking any 
other available remedies. 
(c) (1) No person shall discharge or in any manner discriminate 
against any employee because such employee has filed any complaint or 
instituted or caused to be instituted any proceeding under or related to 
this Act or has testified or is about to testify in any such proceeding or 
because of the exercise by such employee on behalf of himself or others 
of any right afforded by this Act. 
(2) Any employee who believes that he has been discharged or other-
wise discriminated against by any person in violation of this subsec-
tion may, within thirty days after such violation occurs, file a 
complaint with the Secretary alleging such discrimination. Upon 
receipt of such complaint, the Secretary shall cause such investigation 
to be made as he deems appropriate. If upon such investigation, the 
Secretary determines that the provisions of this subsection have been 
violated, he shall bring an action in any appropriate United States dis-
trict court against such person. In any such action the United States 
district courts shall have jurisdiction, for cause shown to restrain vio-
lations of paragraph (1) of this subsection and order all appropriate 
relief including rehiring or reinstatement of the employee to his for-
mer position with back pay. 
(3) Within 90 days of the receipt of a complaint filed under this 
subsection the Secretary shall notify the complainant of his determina-
tion under paragraph 2 of this subsection. 
T H E OCCUPATIONAL SAFETY AND HEALTH REVIEW 
COMMISSION 
SEC. 12. (a) The Occupational Safety and Health Review Commis- n^e^mbe^shlp!"^"'' 
sion is hereby established. The Commission shall be composed of three 
members who shall be appointed by the President, by and with the 
advice and consent of the Senate, from among persons who by reason 
47-348 O - 72 - 18 (Pt. 2) 
1604 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Terms. 
Ante, p. 776; 
Post, p. 1887, 
1888. 
5 u s e 5101, 
5331. 
Ante, p. 198-1. 
Quorum. 
Public records. 
28 u s e app. 
61 Stat. 150. 
of training, education, or experience are qualified to carry out the 
functions of the Commission under this Act. The President shall desig-
nate one of the members of the Commission to serve as Chairman. 
(b) The terms of members of the Commission shall be six years 
except that (1) the members of the Commission first taking office shall 
serve, as designated by the President at the time of appointment, one 
for a term of two years, one for a term of four years, and one for a 
term of six years, and (2) a vacancy caused by the death, resignation, 
or removal of a member prior to the expiration of the term for which 
he was appointed shall be filled only for the remainder of such 
unexpired term. A member of the Commission may be removed by the 
President for inefficiency, neglect of duty, or malfeasance in office. 
(c) (1) Section 5314 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(57) Chairman, Occupational Safety and Health Review 
Commission." 
(2) Section 5315 of title 5, United States Code, is amended by add-
ing at the end thereof the following new paragraph: 
"(94_) Members, 
Occupational Safety and Health Eeview 
Commission." 
(d) The principal office of the Commission shall be in the District 
of Columbia. Whenever the Commission deems that the convenience 
of the public or of the parties may be promoted, or delay or expense 
may be minimized, it may hold hearings or conduct other proceedings 
at any other place. 
(e) The Chairman shall be responsible on behalf of the Commission 
for the administrative operations of the Commission and shall appoint 
such hearing examiners and other employees as he deems necessary 
to assist in the performance of the Commission's functions and to 
fix their compensation in accordance with the provisions of chapter 
51 and subchapter I I I of chapter 53 of title 5, United States Code, 
relating to classification and General Schedule pay rates: Provided^ 
That assignment, removal and compensation of hearing exarniners 
shall be in accordance with sections 3105,3344,5362, and 7521 of title 5, 
United States Code. 
(f) For the purpose of carrying out its functions under this Act, two 
members of the Commission shall constitute a quorum and official 
action can be taken only on the affirmative vote of at least two 
members. 
(g) Every official act of the Commission shall be entered of record, 
and its hearings and records shall be open to the public. The Com-
mission is authorized to make such rules as are necessary for the orderly 
transaction of its proceedings. Unless the Commission has adopted a 
different rule, its proceedings shall be in accordance with the Federal 
Rules of Civil Procedure. 
(h) The Commission may order testimony to be taken by deposition 
in any proceedings pending before it at any state of such proceeding. 
Any person may be compelled to appear and depose, and to produce 
books, papers, or documents, in the same manner as witnesses may be 
compelled to appear and testify and produce like documentary 
evidence before the Commission. Witnesses whose depositions are taken 
under this subsection, and the persons taking such depositions, shall be 
entitled to the same fees as are paid for like services in the courts of 
the United States. 
(i) For the purpose of any proceeding before the Commission, the 
provisions of section 11 of the National Labor Relations Act (29 
U.S.C. 161) are hereby made applicable to the jurisdiction and powers 
of the Commission. 
80 Stat. 453. 
84 STAT. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1605 
(j) A hearing examiner.appointed by the Commission shall hear, 
Report. 
and make a determination upon, any proceeding instituted before the 
Commission and any motion in connection therewith, assigned to such 
hearing examiner by the Chairman of the Commission, and shall make 
a report of any such determination which constitutes his final disposi-
tion of the proceedings. The report of the hearing examiner shall 
become the final order of the Commission within thirty days after such 
report by the hearing examiner, unless within such period any Com-
mission member has directed that such report shall be reviewed by the 
Commission. 
(k) Except as otherwise provided in this Act, the hearing examiners 
shall be subject to the laws governing employees in the classified civil 
service, except that appointments shall be made without regard to 
section 5108 of title 5, United States Code. Each hearing examiner 
shall receive compensation at a rate not less than that prescribed for 
GS-16 under section 5332 of title 5, United States Code. 
^"'^' P- ^^s-i. 
PROCEDURES TO COUNTERACT IMMINENT DANGERS 
SEC. 13. (a) The United States district courts shall have jurisdic-
tion, upon petition of the Secretary, to restrain any conditions or 
practices in any place of employment which are such that a danger 
exists which could reasonably be expected to cause death or serious 
physical harm immediately or before the imminence of such danger 
can be eliminated through the enforcement procedures otherwise 
provided by this Act. Any order issued under this section may require 
such steps to be taken as may be necessary to avoid, correct, or remove 
such imminent danger and prohibit the employment or presence of any 
individual in locations or under conditions where such imminent 
danger exists, except individuals whose presence is necessary to avoid, 
correct, or remove such imminent danger or to maintain the capacity 
of a continuous process operation to resume normal operations without 
a complete cessation of operations, or where a cessation of operations is 
necessary, to permit such to be accomplished in a safe and orderly 
manner. 
(b) Upon the filing of any such petition the district court shall have 
jurisdiction to grant such injunctive relief or temporary restraining 
order pending the outcome of an enforcement proceeding pursuant to 
this Act. The proceeding shall be as provided by Rule 65 of the Fed-
eral Rules, Civil Procedure, except that no temporary restraining 
order issued without notice shall be effective for a period longer than 
five days. 
(c) Whenever and as soon as an inspector concludes that conditions 
or practices described in subsection (a) exist in any place of employ-
ment, he shall inform the affected employees and employers of the 
danger and that he is recommending to the Secretary that relief be 
sought. 
(d) If the Secretary arbitrarily or capriciously fails to seek relief 
under this section, any emploj^ee who may be injured by reason of 
such failure, or the representative of such employees, might bring an 
action against the Secretary in the United States district court for the 
district in which the imminent danger is alleged to exist or the 
employer has its principal office, or for the District of Columbia, for a 
»writ of mandamus to compel the Secretary to seek such an order and 
for such further relief as may be appropriate. 
28 u s e app. 
1606 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
REPRESENTATION IN CIVIL IJTIGATION 
SEC. 14. Except as provided in section 518(a) of title 28, United 
80 Stat. 613. 
States Code, 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 Act but all such litigation shall be 
subject to the direction and control of the Attorney General. 
CONFIDENTIALITY OF TRADE SECRETS 
SEC. 15. All information reported to or otherwise obtained by the 
Secretary or his representative in connection with any inspection or 
proceeding under this Act which contains or which might reveal a 
trade secret referred to in section 1905 of title 18 of the United States 
62 Stat. 791. 
Code shall be considered confidential for the purpose of that section, 
except that such information may be disclosed to other officers or 
employees concerned with carrying out this Act or when relevant in 
any proceeding under this Act. In any such proceeding the Secretary, 
the Commission, or the court shall issue such orders as may be 
appropriate to protect the confidentiality of trade secrets. 
VARIATIONS, TOLERANCES, AND EXEMPTIONS 
SEC. 16. The Secretarjr, on the record, after notice and opportunity 
for a hearing may provide such reasonable limitations and may make 
such rules and regulations allowing reasonable variations, tolerances, 
and exemptions to and from any or all provisions of this Act as he may 
find necessary and proper to avoid serious impairment of the national 
defense. Such action shall not be in effect for more than six months 
without notification to affected employees and an opportunity being 
afforded for a hearing. 
PENALTIES 
SEC. 17. (a) Any employer who willfully or repeatedly violates 
the requirements of section 5 of this Act, any standard, rule, or order 
promulgated pursuant to section 6 of this Act, or regulations pre-
scribed pursuant to this Act, may be assessed a civil penalty of not 
more than $10,000 for each violation. 
(b) Any employer who has received a citation for a serious viola-
tion of the requirements of section 5 of this Act, of any standard, rule, 
or order promulgated pursuant to section 6 of this Act, or of any 
regulations prescribed pursuant to this Act, shall be assessed a civil 
penalty of up to $1,000 for each such violation. 
(c) Any employer who has received a citation for a violation of the 
requirements of section 5 of this Act, of any standard, rule, or order 
promulgated pursuant to section 6 of this Act, or of regulations 
prescribed pursuant to this Act, and such violation is specifically 
determined not to be of a serious nature, may be assessed a civil 
penalty of up to $1,000 for each such violation. 
(d) Any employer who fails to correct a violation for which a cita-
tion has been issued under section 9(a) within the period permitted 
for its correction (which period shall not begin to run until the date 
of the final order of the Commission in the case of any review proceed-
ing under section 10 initiated by the employer in good faith and not 
solely for delay or avoidance of penalties), may be assessed a civil 
penalty of not more than $1,000 for each day during which such 
failure or violation continues. 
84 STAT. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1607 
(e) Any employer who willfully violates any standard, rule, or 
order promulgated pursuant to section 6 of this Act, or of any regula-
tions prescribed pursuant to this Act, and that violation caused death 
to any employee, shall, upon conviction, be punished by a fine of not 
more than $10,000 or by imprisonment for not more than six months, 
or by both; except that if the conviction is for a violation committed 
after a first conviction of such person, punishment shall be by a fine of 
not more than $20,000 or by imprisonment for not more than one year, 
or by both. 
(f) Any person who gives advance notice of any inspection to be 
conducted under this Act, without authority from the Secretary or 
his designees, shall, upon conviction, be punished by a fine of not more 
than $1,000 or by imprisonment for not more than six months, or by 
both. 
(g) Whoever knowingly makes any false statement, representation, 
or certification in any application, record, report, plan, or other docu-
ment filed or required to be maintained pursuant to this Act shall, 
upon conviction, be punished by a fine of not more than $10,000, or by 
imprisonment for not more than six months, or by both. 
(h)(1) Section 1114 of title 18, United States Code, is hereby jg%,f^%\^^' 
amended by striking out "designated by the Secretary of Health, 
Education, and Welfare to conduct investigations, or inspections 
under the Federal Food, Drug, and Cosmetic Act" and inserting in 
lieu thereof "or of the Department of Labor assigned to perform 
investigative, inspection, or law enforcement functions". 
(2) Notwithstanding the provisions of sections 1111 and 1114 of 
title 18, United States Code, whoever, in violation of the provisions of 
^^ stat. 756. 
section 1114 of such title, kills a person while engaged in or on account 
of the performance of investigative, inspection, or law enforcement 
functions added to such section 1114 by paragraph (1) of this sub-
section, and who would otherwise be subject to the penalty provisions 
of such section 1111, shall be punished by imprisonment for any term 
of years or for life. 
(i) Any employer who violates any of the posting requirements, as 
prescribed under the provisions of this Act, shall be assessed a civil 
penalty of up to $1,000 for each violation. 
(j) The Commission shall have authority to assess all civil penalties 
provided in this section, giving due consideration to the appropriate-
ness of the penalty with respect to the size of the business of the 
employer being charged, the gravity of the violation, the good faith of 
the employer, and the history of previous violations. 
(k) For purposes of this section, a serious violation shall be deemed 
to exist in a place of employment if there is a substantial probability 
that death or serious physical harm could result from a condition 
which exists, or from one or more practices, means, methods, opera-
tions, or processes which have been adopted or are in use, in such place 
of employment unless the employer did not, and could not with the 
exercise of reasonable diligence, know of the presence of the violation. 
(1) Civil penalties owed under this Act shall be paid to the Secre-
tary 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. 
1608 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
STATE JURISDICTION AND STATE PLANS 
SEC. 18. (a) Nothing in this Act shall prevent any State agency 
or court from asserting lurisdiction under State law over any occu-
pational safety or health issue with respect to which no standard 
is in effect under section 6. 
(b) 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 6 shall submit a State plan for the development of such stand-
ards and their enforcement. 
(c) The Secretary shall approve the plan submitted by a State 
under subsection (b), or any modification thereof, if such plan in his 
judgment— 
(1) designates a State agency or agencies as the agency or 
agencies responsible for administering the plan throughout the 
State, 
(2) provides for the development and enforcement of safety 
and health standards relating to one or more safety or health 
issues, which standards (and the enforcement of which standards) 
are or will be at least as effective in providing safe and healthful 
employment and places of employment as the standards promul-
gated under section 6 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 work-
places subject to the Act which is at least as effective as that pro-
vided in section 8, and includes a prohibition on advance notice 
of inspections, 
(4) contains satisfactory assurances that such agency or agen-
cies have or will have the legal authority and qualified personnel 
necessarJ for the enforcement of such standards, 
(5) gives satisfactory assurances that such State will devote 
adequate funds to the administration and enforcement of such 
standards, 
(6) contains satisfactory assurances that such State will, to the 
extent permitted by its law, establish and maintain an effective and 
comprehensive occupational safety and health program applicable 
to all employees of public agencies of the State and its political 
subdivisions, which program is as effective as the standards con-
tained in an approved plan, 
(7) requires employers in the State to make reports to the Sec-
retary in the same manner and to the same extent as if the plan 
were not in effect, and 
(8) provides that the State agency will make such reports to 
the Secretary in such form and containing such information, as 
the Secretary shall from time to time require. 
heariii'"' °^ 
(^) ^^ *^® Secretary rejects a plan submitted under subsection (b), 
*^""^' 
he shall afford the State submitting the plan due notice and oppor-
tunity for a hearing before so doing. 
(e) After the Secretary approves a State plan submitted under 
subsection (b), he may, but shall not be required to, exercise his 
authority under sections 8,9,10,13, and 17 with respect to comparable 
standards promulgated under section 6, for the period specified in the 
next sentence. The Secretary may exercise the authority referred to 
above until he determines, on the basis of actual operations under the 
84 STAT.] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1609 
State plan, that the criteria set forth in subsection (c) are being 
applied, but he shall not make such determination for at least three 
years after the plan's approval under subsection (c). Upon making the 
determination referred to in the preceding sentence, the provisions of 
sections 5(a) (2), 8 (except for the purpose of carrying out subsection 
(f) of this section), 9,10,13, and 17, and standards promulgated under 
section 6 of this Act, shall not apply with respect to any occupational 
safety or health issues covered under the plan, but the Secretary may 
retain jurisdiction under the above provisions in any proceeding com-
menced under section 9 or 10 before the date of determination, 
(f) Tlie Secretary shall, on the basis of reports submitted by the evaiuluon?^ 
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 admin-
istration of the State plan there is a failure to comply substantially 
with any provision of the State plan (or any assurance contained 
therein), he shall notify the State agency of his withdrawal of 
approval of such plan and upon receipt of such notice such plan shall 
cease to be in effect, but the State may retain jurisdiction in any case 
commenced before the withdrawal of the plan in order to enforce 
standards under the plan whenever the issues involved do not relate 
to the reasons for the withdrawal of the plan. 
(g) The State may obtain a review of a decision of the Secretary 
^}^'^ rejection, 
withdrawing approval of or rejecting its plan by the LTnited States 
court of appeals for the circuit in which the State is located by filing 
in such court within thirty days following receipt of notice of such 
decision a petition to modify or set aside in whole or in part the action 
of the Secretary. A copy of such petition shall forthwith be served 
upon the Secretary, and thereupon the Secretary shall certify and file 
in the court the record upon which the decision complained of was 
issued as provided in section 2112 of title 28, United States Code. 8o^stat?*i32V 
Unless the court finds that the Secretary's decision in rejecting a pro-
posed State plan or withdrawing his approval of such a plan is not sup-
ported by substantial evidence the court shall affirm the Secretary's 
decision. The judgment of the court shall be subject to review by the 
Supreme Court of the United States upon certiorari or certification 
as provided in section 1254 of title 28, United States Code. 
^^ stat. 928. 
(h) The Secretary may enter into an agreement with a State under 
which the State will be permitted to continue to enforce one or more 
occupational health and safety standards in effect in such State until 
final action is taken by the Secretary with respect to a plan submitted 
by a State under subsection (b) of this section, or two years from the 
date of enactment of this Act, whichever is earlier. 
FEDERAL AOEXCY SAFETY PROGRAMS AND RESPONSIBILITIES 
SEC. 19. (a) It shall be the responsibility of the head of each Fed-
eral agency to establish and maintain an effective and comprehensive 
occupational safety and health program which is consistent with the 
standards promulgated under section 6. The head of each agency shall 
(after consultation with representatives of the employees thereof)— 
(1) provide safe and healthful places and conditions of employ-
ment, consistent with the standards set under section 6; 
(2) acquire, niaintain, and require the use of safety equipment, 
personal protective equipment, and devices reasonably necessary 
to protect employees; 
1610 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Recordkeeping. 
Annual report. 
80 Stat. 530. 
Report to 
President. 
Report to 
Congress. 
Records, 
availability. 
(3) keep adequate records of all occupational accidents and ill-
nesses for proper evaluation and necessary corrective action; 
(4) consult with the Secretary with regard to the adequacy as 
to form and content of records kept pursuant to subsection (a)(3) 
of this section; and 
(5) make an annual report to the Secretary with respect to 
occupational accidents and injuries and the agency's program 
under this section. Such report shall include any report submitted 
under section 7902(e)(2) of title 5, United States Code. 
(b) The Secretary shall report to the President a summary or digest 
of reports submitted to him under subsection (a) (5) of this section, 
together with his evaluations of and recommendations derived from 
such reports. The President shall transmit annually to the Senate and 
the House of Representatives a report of the activities of Federal 
agencies under this section. 
(c) Section 7902(c) (1) of title 5, United States Code, is amended 
by inserting after "agencies" the following: "and of labor organiza-
tions representing employees". 
(d) The Secretary shall have access to records and reports kept 
and filed b^ Federal agencies pursuant to subsections (a) (3) and (5) 
of this section unless those records and reports are specifically required 
by Executive order to be kept secret in the interest of the national 
defense or foreign policy, in which case the Secretary shall have access 
to such information as will not jeopardize national defense or foreign 
policy. 
RESEARCH AND RELATED ACTIVITIES 
SEC. 20. (a) (1) The Secretary of Health, Education, and Welfare, 
after consultation with the Secretary and with other appropriate 
Federal departments or agencies, shall conduct (directly or by grants 
or contracts) research, experiments, and demonstrations relating to 
occupational safety and health, including studies of psychological 
factors involved, and relating to innovative methods, techniques, and 
approaches for dealing with occupational safety and health problems. 
(2) The Secretary of Health, Education, and Welfare shall from 
time to time consult with the Secretary in order to develop specific 
plans for such research, demonstrations, and experiments as are neces-
sary to produce criteria, including criteria identifying toxic sub-
stances, enabling the Secretary to meet his responsibility for the 
formulation of safety and health standards under this Act; and the 
Secretary of Health, Education, and Welfare, 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 Act. 
(3) The Secretary of Health, Education, and Welfare, on the basis 
of such research, demonstrations, and experiments, and any other 
information available to him, shall develop criteria dealing with toxic 
materials and harmful physical agents and substances which will 
describe exposure levels that are safe for various periods of employ-
ment, including but not limited to the exposure levels at which no 
employee will suffer impaired health or functional capacities or 
diminished life expectancy as a result of his work experience. 
(4) The Secretary of Health, Education, and Welfare shall also 
conduct special research, experiments, and demonstrations relating 
to occupational safety and health as are necessary to explore neAv 
problems, including those created by new technology in occupational 
safety and health, which may require ameliorative action beyond that 
84 STAT.] 
PUBLIC LAW 91-596-DEG. 29, 1970 
1611 
which is otherwise provided for in tlie operating provisions of this 
Act. The Secretary of Health, Education, and Welfare shall also 
conduct research into the motivational and behavioral factors relating 
to the field of occupational safety and health. 
(5) The Secretary of Health, Education, and Welfare, in order to 
comply with his responsibilities under paragraph (2), and in order 
to develop needed information regarding potentially toxic substances 
or harmful physical agents, may prescribe regulations requiring 
employers to measure, record, and make reports on the exposure of 
employees to substances or physical agents which the Secretary of 
Health, Education, and Welfare reasonably believes may endanger 
the health or safety of employees. The Secretary of Health, Education, 
and Welfare also is authorized to establish such programs of medical 
examinations and tests as may be necessary for determining the inci-
dence of occupational illnesses and the susceptibility of employees to 
such illnesses. Nothing in this or any other provision of this Act shall 
be deemed to authorize or require medical examination, immunization, 
or treatment for those who object thereto on religious grounds, except 
where such is necessary for the protection of the health or safety of 
others. Upon the request of any employer who is required to measure 
and record exposure of employees to substances or physical agents as 
provided under this subsection, the Secretary of Health, Education, 
and Welfare shall furnish full financial or other assistance to such 
employer for the purpose of defraying any additional expense 
incurred by him in carrying out the measurmg and recording as 
provided in this subsection. 
(6) The Secretary of Health, Education, and Welfare shall publish 
within six months of enactment of this Act and thereafter as needed 
but at least annually a list of all known toxic substances by generic 
family or other useful grouping, and the concentrations at which such 
toxicity is known to occur. He shall determine following a written 
request by any employer or authorized representative of employees, 
specifying with reasonable particularity the grounds on which the 
request is made, whether any substance normally found in the place 
of employment has potentially toxic effects in such concentrations as 
used or found; and shall submit such determination both to employers 
and affected employees as soon as possible. If the Secretary of Health, 
Education, and Welfare determines that any substance is potentially 
toxic at the concentrations in which it is used or found in a place of 
employment, and such substance is not covered by an occupational 
safety or health standard promulgated under section 6, the Secretary 
of Health, Education, and Welfare shall immediately submit such 
determination to the Secretary, together with all pertinent criteria. 
(7) Within two years of enactment of this Act, and annually there-
after the Secretary of Health, Education, and Welfare shall conduct 
and publish industrywide studies of the effect of chronic or low-level 
exposure to industrial materials, processes, and stresses on the poten-
tial for illness, disease, or loss of functional capacity in aging adults. 
(b) The Secretary of Health, Education, and Welfare is authorized 
to make inspections and question employers and employees as pro-
Added in section 8 of this Act in order to carry out his functions and 
responsibilities under this section. 
(c) 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 Act. In carrying out his responsibilities 
Toxic sub-
stances, records,. 
Medical exami-
nations. 
Toxic sub-
stances, publica-
tion. 
Annual studies. 
Inspections. 
Contract 
authority. 
1612 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Delegation 
functions. 
of 
under this subsection, the Secretary shall cooperate with the Secretary 
of Health, Education, and Welfare in order to avoid any duplication 
of efforts under this section. 
(d) Information obtained by the Secretary and the Secretary of 
Health, Education, and Welfare under this section shall be dissemi-
nated by the Secretary to employers and employees and organizations 
thereof. 
(e) The functions of the Secretary of Health, Education, and Wel-
fare under this Act shall, to the extent feasible, be delegated to the 
Director of the National Institute for Occupational Safety and Health 
established by section 22 of this Act. 
TRAINING AND EMPLOYEE EDUCATION 
SEC. 21. (a) The Secretary of Health, Education, and Welfare, 
after consultation with the Secretary and with other appropriate Fed-
eral departments and agencies, shall conduct, directly or by grants or 
contracts (1) education programs to provide an adequate supply of 
qualified personnel to carry out the purposes of this Act, and (2) 
informational programs on the importance of and proper use of ade-
quate safety and health equipment. 
(b) The Secretary is also authorized to conduct, directly or by 
grants or contracts, short-term training of personnel engaged in work 
related to his responsibilities under this Act. 
(c) The Secretary, in consultation with the Secretary of Health, 
Education, and Welfare, shall (1) provide for the establishment and 
supervision of programs for the education and training of employers 
and employees m the recognition, avoidance, and prevention of unsafe 
or unhealthful working conditions in employments covered by this 
Act, and (2) consult with and advise employers and employees, and 
organizations representing employers and employees as to effective 
ineans of preventing occupational injuries and illnesses. 
Establishment. 
Director, 
appointment, term. 
NATIONAL. INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH 
SEC. 22. (a) It is the purpose of this section to establish a National 
Institute for Occupational Safety and Health in the Department of 
Health, Education, and Welfare in order to carry out the policy set 
forth in section 2 of this Act and to perform the functions of the Sec-
retary of Health, Education, and Welfare under sections 20 and 21 of 
this Act. 
(b) There is hereby established in the Department of Health, 
Education, and Welfare a National Institute for Occupational Safety 
and Health. The Institute shall be headed by a Director who shall be 
appointed by the Secretary of Health, Education, and Welfare, and 
Avho shall serve for a term of six years unless previously removed by 
the Secretary of Health, Education, and Welfare. 
(c) The Institute is authorized to— 
(1) develop and establish recommended occupational safety 
and health standards; and 
(2) perforjn all functions of the Secretary of Health, Educa-
tion, and Welfare under sections 20 and 21 of this Act. 
(d) Upon his own initiative, or upon the request of the Secretary 
or the Secretary of Health, Education, and Welfare, the Director is 
authorized (1) to conduct such research and experimental programs 
as he determines are necessary for the development of criteria for new 
and improved occupational safety and health standards, and (2) after 
84 ST^T. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1613 
consideration of tlie results of such research and experimental pro-
grams make recommendations concerning new or improved occupa-
tional safety and health standards. Any occupational safety and health 
standard recommended pursuant to this section shall immediately be 
forwarded to the Secretary of Labor, and to the Secretary of Health, 
Education, and Welfare. 
(e) In .addition to any authority vested in the Institute by other 
provisions of this section, the Director, in carrying out the functions of 
the Institute, is authorized to— 
(1) prescribe such regulations as he deems necessary governing 
the manner in which its functions shall be carried out; 
(2) receive money and other property donated, bequeathed, 
or devised, without condition or restriction other than that it be 
used for the purposes of the Institute and to use, sell, or otherwise 
dispose of such property for the purpose of carrying out its 
functions; 
(3) receive (and use, sell, or otherwise dispose of, in accordance 
with paragraph 
(2)), money and other property donated, 
bequeathed, or devised to the Institute with a condition or restric-
tion, including a condition that the Institute use other funds of 
the Institute for the purposes of the gift; 
(4) in accordance with the civil service laws, appoint and fix 
the compensation of such persoimel as may be necessary to carry 
out the provisions of this section; 
(5) obtain the services of experts and consultants in accord-
ance with the provisions of section 3109 of title 5, United States 
C o d e ; 
80 Stat. 416. 
(6) accept and utilize the services of voluntary and noncom-
pensated personnel and reimburse them for travel expenses, 
including per diem, as authorized by section 5703 of title 5, United 
States Code; 
83 stat. i9o. 
(7) enter into contracts, grants or other arrangements, or modi-
fications thereof to carry out the provisions of this section, and 
such contracts or modifications thereof may be entered into with-
out performance or other bonds, and without regard to section 
3709 of the Kevised Statutes,, as amended (41 U.S.C. 5), 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 3648 of the Revised Statutes, as amended 
(31 U.S.C. 529); and 
(9) make other necessary expenditures. 
(f) The Director shall submit to the Secretary of Health, Educa- 
Annual report 
tion, and Welfare, to the President, and to the Congress an annual dent, and con" 
report of the operations of the Institute under this Act, which shall gress. 
include a detailed statement of all private and public funds received 
and expended by it, and such recommendations as he deems 
appropriate. 
GRANTS TO THE STATES 
SEC. 23. (a) 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 18 to assist them— 
(1) in identifying their needs and responsibilities in the area of 
occupational safety and health, 
(2) in developing State plans under section 18, or 
1614 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
(3) in developing plans for— 
(A) establishing systems for the collection of information 
concerning the nature and frequency of occupational injuries 
and diseases; 
(B) increasing the expertise and enforcement capabilities 
of their personnel engaged in occupational safety and health 
programs; or 
(C) otherwise improving the administration and enforce-
ment of State occupational safety and health laws, including 
standards thereunder, consistent with the objectives of this 
Act. 
(b) The Secretary is authorized, during the fiscal year ending 
June 30, 1971, and the two succeeding fiscal years, to make grants to 
the States for experimental and demonstration projects consistent with 
the objectives set forth in subsection (a) of this section. 
(c) The Governor of the State shall designate the appropriate State 
agency for receipt of any grant made by the Secretary under this 
section. 
(d) Any State agency designated by the Governor of the State 
desiring a grant under this section shall submit an application there-
for to the Secretary. 
(e) The Secretary shall review the application, and shall, after 
consultation with the Secretary of Health, Education, and Welfare, 
approve or reject such application. 
(f) The Federal share for each State grant under subsection (a) or 
(b) of this section may not exceed 90 per centum of the total cost of 
the application. In the event the Federal share for all States under 
either such subsection is not the same, the differences among the States 
shall be established on the basis of objective criteria. 
(g) 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 18 of this Act. The Federal share for each State 
grant under this subsection may not exceed 50 per centum of the total 
cost to the State of such a program. The last sentence of subsection (f) 
shall be applicable in determining the Federal share under this 
subsection. 
Report to 
(j^) PHor to Juue 30, 1973, the Secretary shall, after consultation 
Congress"*, ^" 
witli the Secretary of Health, Education, and Welfare, transmit a 
report to the President and to the Congress, describing the experience 
under the grant programs authorized by this section and making any 
recommendations he may deem appropriate. 
STATISTICS 
SEC. 24. (a) In order to further the purposes of this Act, the Secre-
tary, in consultation with the Secretary of Health, Education, and 
Welfare, shall develop and maintain an effective program of collec-
tion, compilation, and analysis of occupational safety and health 
statistics. Such program may cover all employments whether or not 
subject to any other provisions of this Act but shall not cover employ-
ments excluded by section 4 of the Act. The Secretary shall compile 
accurate statistics on work injuries and illnesses which shall include 
all disabling, serious, or significant injuries and illnesses, whether or 
not involving loss of time from work, other than minor injuries 
requiring only first aid treatment and which do not involve medical 
treatment, loss of consciousness, restriction of work or motion, or 
transfer to another job. 
84 STAT. ] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1615 
(b) 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 
sufety and health statistics: 
(2) make grants to States or political subdivisions thereof in 
order to assist them in developing and administering programs 
dealing with occupational safety and health statistics; and 
(3) arrange, through grants or contracts, for the conduct of 
such research and investigations as give promise of furthering the 
objectives of this section. 
(c) The Federal share for each grant under subsection (b) of this 
section may be up to 50 per centum of the State's total cost. 
(d) The Secretary may, with the consent of any State or political 
subdivision thereof, accept and use the services, facilities, and 
employees of the agencies of such State or political subdivision, with 
or without reimbursement, in order to assist him in carrying out his 
functions under this section. 
(e) On the basis of the records made and kept pursuant to section 
Reports. 
8(c) of this Act, employers shall file such reports with the Secretary 
as he shall prescribe by regulation, as necessary to carry out his func-
tions under this Act. 
(f) Agreements between the Department of Labor and States per-
taining to the collection of occupational safety and health statistics 
already in effect on the effective date of this Act shall remain in effect 
until superseded by grants or contracts made under this Act. 
AUDITS 
SEC. 25. (a) Each recipient of a grant under this Act shall keep such 
records as the Secretary or the Secretary of Health, Education, and 
Welfare shall prescribe, including records which fully disclose the 
amount and disposition by such recipient of the proceeds of such grant, 
the total cost or the project or undertaking in connection with which 
such grant is made or used, and the amount of that portion of the cost 
of the project or undertaking supplied by other sources, and such other 
records as will facilitate an effective audit. 
(b) The Secretary or the Secretary of Health, Education, and Wel-
fare, and the Comptroller General of the United States, or any of their 
duly authorized representatives, shall have access for the purpose of 
audit and examination to any books^ documents, papers, and records of 
the recipients of any grant under this Act that are ])ertinent to any such 
grant. 
ANNUAL REPORT 
SEC. 26. Within one hundred and twenty days following the con-
vening of each regular session of each Congress, the Secretary and the 
Secretary of Health, Education, and Welfare shall each prepare and 
submit to the President for transmittal to the Congress a report upon 
the subject matter of this Act, the progress toward achievement of 
the purpose of this Act, the needs and requirements in the field of 
occupational safetj^ and health, and any other relevant information. 
Such reports shall include information regarding occupational safety 
and health standards, and criteria for such standards, developed dur-
ing the preceding year; evaluation of standards and criteria previously 
developed under this Act, defining areas of emphasis for new 
criteria and standards; an evaluation of the degree of observance of 
applicable occupational safety and health standards, and a summary 
1616 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Establishment. 
Membership. 
of inspection and enforcement activity undertaken; analysis and eval-
uation of research activities for which results have been obtained under 
governmental and nongovernmental sponsorship; an analysis of major 
occupational diseases; evaluation of available control and measurement 
technology for hazards for which standards or criteria have been 
developed during the preceding year; description of cooperative efforts 
undertaken between Government agencies and other interested parties 
in the implementation of this Act during the preceding year; a 
progress report on the development of an adequate supply of trained 
manpower m the field of occupational safety and health, including 
estimates of future needs and the efforts being made by Government 
and others to meet those neexis; listing of all toxic substances in indus-
trial usage for which labeling requirements, criteria, or standards 
have not yet been established; and such recommendations for addi-
tional legislation as are deemed necessary to protect the safety and 
health of the worker and improve the administration of this Act. 
NATIONAL COMMISSION ON STATE W O R K M E N ' S COMPENSATION LAWS 
SEC. 27. (a) (1) The Congress hereby finds and declares that— 
(A) the vast majority of American workers, and their families, 
are dependent on workmen's compensation for their basic eco-
nomic security in the event such workers suffer disabling injury 
or death in the course of their employment; and that the full pro-
tection of American workers from job-related injury or death 
requires an adequate, prompt, and equitable system of workmen's 
compensation as well as an effective program of occupational 
health and safety regulation; and 
(B) in recent years serious questions have been raised concern-
ing the fairness and adequacy of present workmen's compensation 
laws in the light of the growth of the economy, the changing 
nature of the labor force, increases in medical knowledge, changes 
in the hazards associated with various types of employment, new 
technology creating new risks to health and safety, and increases 
in the general level of wages and the cost of living. 
(2) The purpose of this section is to authorize an effective study and 
objective evaluation of State workmen's compensation laws in order to 
determine if such laws provide an adequate, prompt, and equitable 
system of compensation for injury or death arising out of or in the 
course of employment. 
(b) There is hereby established a National Commission on State 
Workmen's Compensation Laws. 
(c)(1) The Workmen's Compensation Commission shall be com-
posed of fifteen members to be appointed by the President from among 
members of State workmen's compensation boards, representatives of 
insurance carriers, business, labor, members of the medical profession 
having experience in industrial medicine or in workmen's compensa-
tion cases, educators having special expertise in the field of workmen's 
compensation, and representatives of the general public. The Secre-
tary, the Secretary of Commerce, and the Secretary of Health, Educa-
tion, and Welfare shall be ex officio members of the Workmen's 
Compensation Commission: 
(2) Any vacancy in the Workmen's Compensation Commission 
shall not affect its powers. 
(3) The President shall designate one of the members to serve as 
Chairman and one to serve as Vice Chairman of the Workmen's Com-
pensation Commission. 
84 STAT.] 
PUBLIC LAW 91-596-DEC. 29, 1970 
1617 
(•1) Eight members of the Workmen's Compensation Commission 
shall constitute a quorum. 
(d) (1) The Workmen's Compensation Commission shall undertake 
a comprehensive study and evaluation of State workmen's compen-
sation laws in order to determine if such laws provide an adequate, 
prompt, and equitable system of compensation. Such study and evalua-
tion shall include, without being limited to, the following subjects: 
(A) the amount and duration of permanent and temporary disability 
benefits and the criteria for determining the maximum limitations 
thereon, (B) the amount and duration of medical benefits and provi-
sions insuring adequate medical care and free choice of physician, (C) 
the extent of coverage of workers, including exemptions based on num-
bers or type of employment, (D) standards for determining which 
injuries or diseases should be deemed compensable, (E) rehabilitation, 
(F) coverage under second or subsequent mjury funds, (G) time limits 
on filing claimSj (H) waiting periods, (I) compulsory or elective cov-
erage, (J) administration, (K) legal expenses, (L) the feasibility and 
desirability of a uniform system of reporting information concerning 
job-related injuries and diseases and the operation of workmen's coin-
pensation laws, (M) the resolution of conflict of laws, extraterritori-
ality and similar problems arising from claims with multistate aspects, 
(N) the extent to which private insurance carriers are excluded from 
supplying workmen's compensation coverage and the desirability of 
such exclusionary practices, to the extent they are found to exist, (O) 
the relationship between workmen's compensation on the one hand, 
and old-age, disability, and survivors insurance and other types of 
insurance, public or private, on the other hand, (P) methods of imple-
menting the recommendations of the Commission. 
(2) The Workmen's Compensation Commission shall transmit tc 
the President and to the Congress not later than July 31,1972, a final 
report containing a detailed statement of the findings and conclusions 
of the Commission, together with such recommendations as it deems 
advisable. 
(e)(1) 
The Workmen's Compensation Commission or, on the 
authorization of the Workmen's Compensation Commission, any sub-
committee or members thereof, may, for the purpose of carrying out 
the provisions of this title, hold such hearings, take such testimony, 
and sit and act at such times and places as the Workmen's Compensa-
tion Commission deems advisable. Any member authorized by the 
Workmen's Compensation Commission may administer oaths or affir-
mations to witnesses appearing before the Workmen's Compensation 
Commission or any subcommittee or members thereof. 
(2) Each department, agency, and instrumentality of the executive 
branch of the Government, including independent agencies, is author-
ized and directed to furnish to the Workmen's Compensation Com-
mission, upon request made by the Chairman or Vice Chairman, such 
information as the Workmen's Compensation Commission deems nec-
essary to carry out its functions under this section. 
(f) Subject to such rules and regulations as may be adopted by the 
Workmen's Compensation Commission, the Chairman shall have the 
power to— 
(1) appoint and fix the compensation of an executive director, 
and such additional staff personnel as he deems necessary, with-
out regard to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and without seq. 
regard to the provisions of chapter 51 and subchapter I I I of chap 
Quorum. 
Study. 
Report to Presi-
dent and Con-
gress. 
Hearings. 
80 Stat. 378. 
5 u s e 101 et 
ter 53 of such"title relating to classification and General Schedule 5331"^*^ ^^°^' 
1618 
Ante, p. 198-1. 
80 Stat. 416. 
Contract 
authorization. 
Compensation; 
travel expenses. 
PUBLIC LAW 91-596-DEC. 29, 1970 
[84 STAT. 
Appropriation. 
Termination. 
Post, p. 1633. 
Post, p. 1634. 
79 Stat. 556. 
42 u s e 3142. 
75 Stat. 338. 
pay rates, but at rates not in excess of the maximum rate for 
GS-18 of the General Schedule under section 5332 of such title, 
and 
(2) procure temporary and intermittent services to the same 
extent as is authorized by section 3109 of title 5, United States 
Code. 
(g) The Workmen's Compensation Commission is authorized to 
enter into contracts with Federal or State agencies, private firms, 
institutions, and individuals for the conduct of research or surveys, the 
preparation of reports, and other activities necessary to the discharge 
of its duties. 
(h) Members of the Workmen's Compensation Commission shall 
receive compensation for each day they are engaged in the perform-
ance of their duties as members of the Workmen's Compensation 
Commission at the daily rate prescribed for GS-18 under section 5332 
of title 5, LTnited States Code, and shall be entitled to reimbursement 
for travel, subsistence, and other necessary expenses incurred by them 
in the performance of their duties as members of the Workmen's 
Compensation Commission. 
(i) There are hereby authorized to be appropriated such sums as 
may be necessary to carry out the provisions of this section. 
(j) On the ninetieth day after the date of submission of its final 
report to the President, the Workmen's Compensation Commission 
shall cease to exist. 
ECONOMIC ASSISTANCE TO SMALL BUSINESSES 
SEC. 28. (a) Section 7(b) of the Small Business Act, as amended, is 
amended— 
(1) by striking out the period at the end of "paragraph (5)" 
and inserting in lieu thereof "; and"; and 
(2) by adding after paragraph (5) a new paragraph as 
follows: 
"(6) to make such loans (either directly or in cooperation with 
banks or other lending institutions through agreements to participate 
on an immediate or deferred basis) as the Administration may 
determine to be necessary or appropriate to assist any small business 
concern in effecting additions to or alterations in the equipment, facil-
ities, or methods of operation of such business in order to comply with 
the applicable standards promulgated pursuant to section 6 of the 
Occupational Safety and Health Act of 1970 or standards adopted by a 
State pursuant to a plan approved under section 18 of the Occupa-
tional Safety and Health Act of 1970, if the Administration deter-
mines that such concern is likely to suffer substantial economic injury 
without assistance under this paragraph." 
(b) The third sentence of section 7(b) of he Small Business Act, as 
amended, is amended by striking out "or (5)" after "paragraph (3)" 
and inserting a comma followed by "(5) or (6)". 
(c) Section 4(c)(1) of the Small Business Act, as amended, is 
amended by inserting "7(b) (6)," after "7(b) (5),". 
(d) Loans may also be made or guaranteed for the purposes set 
forth in section 7(b) (6) of the Small Business Act, as amended, pur-
suant to the provisions of section 202 of the Public Works and Eco-
nomic Development Act of 1965, as amended. 
ADDITIONAL ASSISTANT SECRETARY OF LABOR 
SEC. 29. (a) Section 2 of the Act of April 17,1946 (60 Stat. 91) as 
amended (29U.S.C. 553) is amended by— 
84 STAT. ] 
PUBLIC LAW 91^96-DEC. 29, 1970 
1619 
(1) striking out "four" in the first sentence of such section and 
inserting in lieu thereof "five"; and 
(2) adding at the end thereof the following new sentence, "One 
of such Assistant Secretaries shall be an Assistant Secretary of 
Labor for Occupational Safety and Health.". 
(b) Paragraj)h (20) of section 5315 of title 5, United States Code, is 
8° ^'^'- 4"-
amended by striking out "(4)" and inserting in lieu thereof "(5)". 
ADDITIONAL POSITIONS 
SEC. 30. Section 5108(c) of title 5, United States Code, is amended 
b y -
(1) striking out the word "and" at the end of paragraph (8); 
(2) striking out the period at the end of paragraph (9) and 
inserting in lieu thereof a semicolon and the w^ord "and"; and 
(3) by adding immediately after paragraph (9) the following 
new paragraph: 
"(10) (A) the Secretary of Labor, subject to the standards 
and procedures prescribed by this chapter, may place an addi-
tional twenty-five positions in the Department of Labor in 
GS-16,17, and 18 for the purposes of carrying out his respon-
sibilities under the Occupational Safety and Health Act 
of 1970; 
"(B) the Occupational Safety and Health Review Com-
mission, subject to the standards and procedures prescribed 
by this chapter, may place ten positions in GS-16,17, and 18 
in carrying out its functions under the Occupational Safety 
and Health Act of 1970." 
EMERGENCY LOCATOR BEACONS 
SEC. 31. Section 601 of the Federal Aviation Act of 1958 is amended 
J2 stau 7^5. 
by inserting at the end thereof a new^ subsection as follows: 
u 
EMERGENCY LOCATOR BEACONS 
"(d)(1) Except with respect to aircraft described in paragraph (2) 
of this subsection, minimum standards pursuant to this section shall 
include a requirement that emergency locator beacons shall be 
installed— 
"(A) on any fixed-wing, powdered aircraft for use in air com-
merce the manufacture of which is completed, or which is 
imported into the United States, after one year following the 
date of enactment of this subsection; and 
"(B) on any fixed-wing, powered aircraft used in air commerce 
after three years following such date. 
"(2) The provisions of this subsection shall not apply to jet-
powered aircraft; aircraft used in air transportation (other than air 
taxis and charter aircraft) ; military aircraft; aircraft used solely for 
training purposes not involving flights more than twenty miles from 
its base; and aircraft used for the aerial application of chemicals." 
SEPARABILITY 
SEC. 32. If any provision of this Act, or the application of such pro-
vision to any person or circumstance, shall be held invalid, the remain-
der of this Act, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall not 
be affected thereby. 
47-348 O - 72 - 19 (Pt. 2) 
1620 
PUBLIC LAW 91-597-DEC. 29, 1970 
[84 STAT. 
APPROPRIATIONS 
SEC. OO. There are authorized to be appropriated to carry out this 
Act for eacli fiscal year such sums as the Congress sliall deem necessary. 
EFFECTIA^ DATE 
SEC. 34. This Act shall take effect one hundred and twenty days 
after the date of its enactment. 
Approved December 29, 1970. 
Public Law 91-597 
December 29, 1970 
A C l 
[H. R. 19888] 
To provide for the inspection of certain egg products by tlie United States 
Department of Agriculture; restriction on the disposition of certain qualities 
of eggs; uniformity of standards for eggs in interstate or foreign commerce; 
and cooperation with State agencies in administration of this Act, and for 
other purposes. 
Inspection Act. 
Be it enacted hy the Senate and House of Representatives 
of the 
-fi55„.^'l.°'^"'";^ 
United States 
of America 
in Congress assembled, That this Act 
may be cited as the "Egg Products Inspection Act". 
LEGISLATIVE FINDING 
SEC. 2. Eggs and egg products are an important source of the 
Nation's total supply of food, and are used in food in various forms. 
They are consumed throughout the Nation and the major portion 
thereof moves in interstate or foreign commerce. It is essential, in the 
public interest, that the health and welfare of consumers be protected 
by the adoption of measures prescribed herein for assuring that eggs 
and egg products distributed to them and used in products consumed 
by them are wholesome, otherwise not adulterated, and properly 
labeled and packaged. Lack of effective regulation for the handling or 
disposition of unwholesome, otherwise adulterated, or improperly 
labeled or packaged egg products and certain qualities of eggs is inju-
rious to the public welfare and destroys markets for wholesome, not 
adulterated, and properly labeled and packaged eggs and egg prod-
ucts and results in sundry losses to producers and processors, as well 
as injury to consumers. Unwholesome, otherwise adulterated, or 
improperly labeled or packaged products can be sold at lower prices 
and compete unfairly with the wholesome, not adulterated, and prop-
erly labeled and packaged products, to the detriment of consumers and 
the public generally. It is hereby found that all egg products and the 
qualities of eggs which are regulated under this Act are either in inter-
state or foreign commerce, or substantially affect such commerce, and 
that regulation by the Secretary of Agriculture and the Secretary of 
Health, Education, and Welfare, and cooperation by the States and 
other jurisdictions, as contemplated by this Act, are appropriate to pre-
vent and eliminate burdens upon such commerce, to effectively regu-
late such commerce, and to protect the health and welfare of consumers.