Public Law 91-596, 91st Congress,
S.2193, December 29, 1970. (1)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 healthful working conditions; by
providing for research, information, education, and training in the
field of occupational safety and health; and for other purposes. |
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84
STAT. 1590
Occupational
Safety and Health Act of 1970 |
| Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, That this Act may be cited as the "Occupational
Safety and Health Act of 1970." |
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Footnote (1) See Historical
and Statutory notes at the end of this Act for changes and amendments
affecting the OSH Act since its passage in 1970.
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| (a) The Congress finds that personal injuries
and illnesses arising out of work situations impose a substantial
burden upon, and are a hindrance to, interstate commerce in terms of
lost production, wage loss, medical expenses, and disability
compensation payments. |
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29
USC 651. |
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| (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 -- |
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(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; |
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(2) by providing that employers and employees
have separate but dependent responsibilities and rights with respect
to achieving safe and healthful working conditions; |
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(3) by authorizing the Secretary of Labor to
set mandatory occupational safety and health standards applicable to
businesses affecting interstate commerce, and by creating an
Occupational Safety and Health Review Commission for carrying out
adjudicatory functions under the Act; |
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(4) by building upon advances already made
through employer and employee initiative for providing safe and
healthful working conditions; |
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(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; |
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(6) by exploring ways to discover latent
diseases, establishing causal connections between diseases and work
in environmental conditions, and conducting other research relating
to health problems, in recognition of the fact that occupational
health standards present problems often different from those
involved in occupational safety; |
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(7) by providing medical criteria which will
assure insofar as practicable that no employee will suffer
diminished health, functional capacity, or life expectancy as a
result of his work experience; |
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(8) by providing for training programs to
increase the number and competence of personnel engaged in the field
of occupational safety and health; |
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(9) by providing for the development and
promulgation of occupational safety and health standards; |
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84
STAT. 1591 |
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(10) by providing an effective enforcement
program which shall include a prohibition against giving advance
notice of any inspection and sanctions for any individual violating
this prohibition; |
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(11) by encouraging the States to assume the
fullest responsibility for the administration and enforcement of
their occupational safety and health laws by providing grants to the
States to assist in identifying their needs and responsibilities in
the area of occupational safety and health, to develop plans in
accordance with the provisions of this Act, to improve the
administration and enforcement of State occupational safety and
health laws, and to conduct experimental and demonstration projects
in connection therewith; |
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(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; |
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(13) by encouraging joint labor-management
efforts to reduce injuries and disease arising out of employment. |
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| For the purposes of this Act -- |
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29 USC 652. |
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| (1) The term "Secretary" means the Secretary of
Labor. |
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| (2) The term "Commission" means the
Occupational Safety and Health Review Commission established under
this Act. |
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| (3) The term "commerce" means trade, traffic,
commerce, transportation, or communication among the several States,
or between a State and any place outside thereof, or within the
District of Columbia, or a possession of the United States (other
than the Trust Territory of the Pacific Islands), or between points
in the same State but through a point outside thereof. |
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For Trust Territory coverage, including the Northern
Mariana Islands, see Historical and Statutory Notes,
infra. |
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| (4) The term "person" means one or more
individuals, partnerships, associations, corporations, business
trusts, legal representatives, or any organized group of persons.
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| (5) The term "employer" means a person engaged
in a business affecting commerce who has employees, but does not
include the United States (not including the United States Postal
Service) or any State or political subdivision of a State. |
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| (6) The term "employee" means an employee of an
employer who is employed in a business of his employer which affects
commerce. |
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| (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. |
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| (8) The term "occupational safety and health
standard" means a standard which requires conditions, or the
adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment and places of employment. |
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| (9) The term "national consensus standard"
means any occupational safety and health standard or modification
thereof which (1), has been adopted and promulgated by a nationally
recognized standards-producing organization under procedures whereby
it can be determined by the Secretary that persons interested and
affected by the scope or provisions of the standard have reached
substantial agreement on its adoption, (2) was formulated in a
manner which afforded an opportunity for diverse views to be
considered and (3) has been designated as such a standard by the
Secretary, after consultation with other appropriate Federal
agencies. |
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84 STAT. 1592 |
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| (10) The term "established Federal standard"
means any operative occupational safety and health standard
established by any agency of the United States and presently in
effect, or contained in any Act of Congress in force on the date of
enactment of this Act. |
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December 29, 1970
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| (11) The term "Committee" means the National
Advisory Committee on Occupational Safety and Health established
under this Act. |
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| (12) The term "Director" means the Director of
the National Institute for Occupational Safety and Health. |
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| (13) The term "Institute" means the National
Institute for Occupational Safety and Health established under this
Act. |
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| (14) The term "Workmen's Compensation
Commission" means the National Commission on State Workmen's
Compensation Laws established under this Act. |
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| (a) This Act shall apply with respect to
employment performed in a workplace in a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, the Trust Territory of the Pacific Islands,
Wake Island, Outer Continental Shelf Lands defined in the Outer
Continental Shelf Lands Act, Johnston Island, and the Canal Zone.
The Secretary of the Interior 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. |
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29 USC 653.
For Canal Zone and Trust Territory
coverage, including the Northern Mariana Islands, see Historical
and Statutory Notes, infra.
67 Stat. 462.
43 USC 1311
note. |
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| (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 prescribe or enforce standards or regulations affecting
occupational safety or health. |
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73 Stat. 688.
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| (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 be deemed to be occupational
safety and health standards issued under this Act, as well as under
such other Acts. |
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49 Stat. 2036
79 Stat. 1034.
83 Stat.
96.
72 Stat.835.
79 Stat. 845;
Ante, p.
443.
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| (3) The Secretary shall, within three years
after the effective date of this Act, report to the Congress his
recommendations for legislation to avoid unnecessary duplication and
to achieve coordination between this Act and other Federal laws. |
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Report to Congress. |
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| (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 manner the common law
or statutory rights, duties, or liabilities of employers and
employees under any law with respect to injuries, diseases, or death
of employees arising out of, or in the course of, employment. |
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84 STAT. 1593 |
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| (a) Each employer -- |
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29 USC 654. |
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(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; |
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(2) shall comply with occupational safety and
health standards promulgated under this Act. |
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| (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. |
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6. Occupational Safety and Health Standards |
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| (a) Without regard to chapter 5 of title 5,
United States Code, or to the other subsections of this section, the
Secretary shall, as soon as practicable during the period beginning
with the effective date of this Act and ending two years after such
date, by rule promulgate as an occupational safety or health
standard any national consensus standard, and any established
Federal standard, unless he determines that the promulgation of such
a standard would not result in improved safety or health for
specifically designated employees. In the event of conflict among
any such standards, the Secretary shall promulgate the standard
which assures the greatest protection of the safety or health of the
affected employees. |
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29 USC 655.
80 Stat. 381;
81 Stat. 195.
5
USC 500.
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| (b) The Secretary may by rule promulgate,
modify, or revoke any occupational safety or health standard in the
following manner: |
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| (1) Whenever the Secretary, upon the basis of
information submitted to him in writing by an interested person, a
representative of any organization of employers or employees, a
nationally recognized standards-producing organization, the
Secretary of Health and Human Services, the National Institute for
Occupational Safety and Health, or a State or political subdivision,
or on the basis of information developed by the Secretary or
otherwise available to him, determines that a rule should be
promulgated in order to serve the objectives of this Act, the
Secretary may request the recommendations of an advisory committee
appointed under section 7 of this Act. The Secretary shall provide
such an advisory committee with any proposals of his own or of the
Secretary of Health and Human Services, together with all pertinent
factual information developed by the Secretary or the Secretary of
Health and Human Services, or otherwise available, including the
results of research, demonstrations, and experiments. An advisory
committee shall submit to the Secretary its recommendations
regarding the rule to be promulgated within ninety days from the
date of its appointment or within such longer or shorter period as
may be prescribed by the Secretary, but in no event for a period
which is longer than two hundred and seventy days. |
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Advisory
committee, recommendations
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| (2) The Secretary shall publish a proposed rule
promulgating, modifying, or revoking an occupational safety or
health standard in the Federal Register and shall afford interested
persons a period of thirty days after publication to submit written
data or comments. Where an advisory committee is appointed and the
Secretary determines that a rule should be issued, he shall publish
the proposed rule within sixty days after the submission of the
advisory committee's recommendations or the expiration of the period
prescribed by the Secretary for such submission. |
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84 STAT. 1594
Publication in Federal Register.
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| (3) On or before the last day of the period
provided for the submission of written data or comments under
paragraph (2), any interested person may file with the Secretary
written objections to the proposed rule, stating the grounds
therefor and requesting a public hearing on such objections. Within
thirty days after the last day for filing such objections, the
Secretary shall publish in the Federal Register a notice specifying
the occupational safety or health standard to which objections have
been filed and a hearing requested, and specifying a time and place
for such hearing. |
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Hearing Notice.
Publication in
Federal Register. |
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| (4) Within sixty days after the expiration of
the period provided for the submission of written data or comments
under paragraph (2), or within sixty days after the completion of
any hearing held under paragraph (3), the Secretary shall issue a
rule promulgating, modifying, or revoking an occupational safety or
health standard or make a determination that a rule should not be
issued. Such a rule may contain a provision delaying its effective
date for such period (not in excess of ninety days) as the Secretary
determines may be necessary to insure that affected employers and
employees will be informed of the existence of the standard and of
its terms and that employers affected are given an opportunity to
familiarize themselves and their employees with the existence of the
requirements of the standard. |
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| (5) The Secretary, in promulgating standards
dealing with toxic materials or harmful physical agents under this
subsection, shall set the standard which most adequately assures, to
the extent feasible, on the basis of the best available evidence,
that no employee will suffer material impairment of health or
functional capacity even if such employee has regular exposure to
the hazard dealt with by such standard for the period of his working
life. Development of standards under this subsection shall be based
upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of
the highest degree of health and safety protection for the employee,
other considerations shall be the latest available scientific data
in the field, the feasibility of the standards, and experience
gained under this and other health and safety laws. Whenever
practicable, the standard promulgated shall be expressed in terms of
objective criteria and of the performance desired. |
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Toxic Materials. |
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| (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
program for coming into compliance with the standard as quickly as
practicable. Any temporary order issued under this paragraph shall
prescribe the practices, means, methods, operations, and processes
which the employer must adopt and use while the order is in effect
and state in detail his program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing: Provided, That
the Secretary may issue one interim order to be effective until a
decision is made on the basis of the hearing. No temporary order may
be in effect for longer than the period needed by the employer to
achieve compliance with the standard or one year, whichever is
shorter, except that such an order may be renewed not more that
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. |
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Temporary variance order.
84 STAT.
1595
Notice, hearing.
Renewal.
Time limitation. |
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| (B) An application for temporary order under
this paragraph (6) shall contain: |
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(i) a specification of the standard or portion
thereof from which the employer seeks a variance, |
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(ii) a representation by the employer,
supported by representations from qualified persons having firsthand
knowledge of the facts represented, that he is unable to comply with
the standard or portion thereof and a detailed statement of the
reasons therefor, |
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(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, |
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(iv) a statement of when he expects to be able
to comply with the standard and what steps he has taken and what
steps he will take (with dates specified) to come into compliance
with the standard, and |
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(v) a certification that he has informed his
employees of the application by giving a copy thereof to their
authorized representative, posting a statement giving a summary of
the application and specifying where a copy may be examined at the
place or places where notices to employees are normally posted, and
by other appropriate means. |
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| A description of how employees have been informed
shall be contained in the certification. The information to
employees shall also inform them of their right to petition the
Secretary for a hearing. |
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| (C) The Secretary is authorized to grant a
variance from any standard or portion thereof whenever he
determines, or the Secretary of Health and Human Services certifies,
that such variance is necessary to permit an employer to participate
in an experiment approved by him or the Secretary of Health and
Human Services designed to demonstrate or validate new and improved
techniques to safeguard the health or safety of workers. |
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| (7) Any standard promulgated under this
subsection shall prescribe the use of labels or other appropriate
forms of warning as are necessary to insure that employees are
apprised of all hazards to which they are exposed, relevant symptoms
and appropriate emergency treatment, and proper conditions and
precautions of safe use or exposure. Where appropriate, such
standard shall also prescribe suitable protective equipment and
control or technological procedures to be used in connection with
such hazards and shall provide for monitoring or measuring employee
exposure at such locations and intervals, and in such manner as may
be necessary for the protection of employees. In addition, where
appropriate, any such standard shall prescribe the type and
frequency of medical examinations or other tests which shall be made
available, by the employer or at his cost, to employees exposed to
such hazards in order to most effectively determine whether the
health of such employees is adversely affected by such exposure. In
the event such medical examinations are in the nature of research,
as determined by the Secretary of Health and Human Services, such
examinations may be furnished at the expense of the Secretary of
Health and Human Services. The results of such examinations or tests
shall be furnished only to the Secretary or the Secretary of Health
and Human Services, and, at the request of the employee, to his
physician. The Secretary, in consultation with the Secretary of
Health and Human Services, may by rule promulgated pursuant to
section 553 of title 5, United States Code, make appropriate
modifications in the foregoing requirements relating to the use of
labels or other forms of warning, monitoring or measuring, and
medical examinations, as may be warranted by experience,
information, or medical or technological developments acquired
subsequent to the promulgation of the relevant standard. |
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Labels, etc.
Protective
equipment, etc.
84 STAT.
1596
Medical examinations.
80 Stat. 383.
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| (8) Whenever a rule promulgated by the
Secretary differs substantially from an existing national consensus
standard, the Secretary shall, at the same time, publish in the
Federal Register a statement of the reasons why the rule as adopted
will better effectuate the purposes of this Act than the national
consensus standard. |
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Publication in Federal Register. |
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| (c)(1) The Secretary shall provide, without
regard to the requirements of chapter 5, title 5, Unites States
Code, for an emergency temporary standard to take immediate effect
upon publication in the Federal Register if he determines (A) that
employees are exposed to grave danger from exposure to substances or
agents determined to be toxic or physically harmful or from new
hazards, and (B) that such emergency standard is necessary to
protect employees from such danger. |
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Temporary standard.
Publication in Federal
Register.
80 Stat. 381;
81 Stat. 195.
5 USC
500. |
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| (2) Such standard shall be effective until
superseded by a standard promulgated in accordance with the
procedures prescribed in paragraph (3) of this subsection. |
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Time limitation. |
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| (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 publication of the emergency standard as
provided in paragraph (2) of this subsection. |
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| (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, operations, and
processes which he must adopt and utilize to the extent they differ
from the standard in question. Such a rule or order may be modified
or revoked upon application by an employer, employees, or by the
Secretary on his own motion, in the manner prescribed for its
issuance under this subsection at any time after six months from its
issuance. |
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Variance rule.
84
STAT. 1597 |
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| (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. |
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Publication in Federal Register. |
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| (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. |
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Petition for judicial review. |
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| (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 recommendations of the
Secretary of Health and Human Services regarding the need for
mandatory standards in determining the priority for establishing
such standards. |
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| (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
designated by the Secretary of Health and Human Services, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and composed of
representatives of management, labor, occupational safety and
occupational health professions, and of the public. The Secretary
shall designate one of the public members as Chairman. The members
shall be selected upon the basis of their experience and competence
in the field of occupational safety and health. |
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29 USC 656.
Establishment; membership.
80
Stat. 378
5 USC 101. |
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| (2) The Committee shall advise, consult with,
and make recommendations to the Secretary and the Secretary of
Health and Human Services on matters relating to the administration
of the Act. The Committee shall hold no fewer than two meetings
during each calendar year. All meetings of the Committee shall be
open to the public and a transcript shall be kept and made available
for public inspection. |
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Public transcript.
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| (3) The members of the Committee shall be
compensated in accordance with the provisions of section 3109 of
title 5, United States Code. |
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60 Stat. 416. |
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| (4) The Secretary shall furnish to the
Committee an executive secretary and such secretarial, clerical, and
other services as are deemed necessary to the conduct of its
business. |
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| (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 and shall include as a member one of more
designees of the Secretary of Health and Human Services, and shall
include among its members an equal number of persons qualified by
experience and affiliation to present the viewpoint of the employers
involved, and of persons similarly qualified to present the
viewpoint of the workers involved, as well as one or more
representatives of health and safety agencies of the States. An
advisory committee may also include such other persons as the
Secretary may appoint who are qualified by knowledge and experience
to make a useful contribution to the work of such committee,
including one or more representatives of professional organizations
of technicians or professionals specializing in occupational safety
or health, and one or more representatives of nationally recognized
standards-producing organizations, but the number of persons so
appointed to any such advisory committee shall not exceed the number
appointed to such committee as representatives of Federal and State
agencies. Persons appointed to advisory committees from private life
shall be compensated in the same manner as consultants or experts
under section 3109 of title 5, United States Code. The Secretary
shall pay to any State which is the employer of a member of such a
committee who is a representative of the health or safety agency of
that State, reimbursement sufficient to cover the actual cost to the
State resulting from such representative's membership on such
committee. Any meeting of such committee shall be open to the public
and an accurate record shall be kept and made available to the
public. No member of such committee (other than representatives of
employers and employees) shall have an economic interest in any
proposed rule. |
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84 STAT. 1598
80
Stat. 416.
Recordkeeping.
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| (c) In carrying out his responsibilities under
this Act, the Secretary is authorized to -- |
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(1) use, with the consent of any Federal
agency, the services, facilities, and personnel of such agency, with
or without reimbursement, and with the consent of any State or
political subdivision thereof, accept and use the services,
facilities, and personnel of any agency of such State or subdivision
with reimbursement; and |
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(2) employ experts and consultants or
organizations thereof as authorized by section 3109 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 5332 of title 5, United States Code, including travel
time, and allow them while away from their homes or regular places
of business, travel expenses (including per diem in lieu of
subsistence) as authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed intermittently,
while so employed. |
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Ante, p. 198-1.
80 Stat.
499;
83 Stat. 190. |
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| (a) In order to carry out the purposes of this
Act, the Secretary, upon presenting appropriate credentials to the
owner, operator, or agent in charge, is authorized -- |
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29 USC 657. |
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(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 |
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(2) to inspect and investigate during regular
working hours and at other reasonable times, and within reasonable
limits and in a reasonable manner, any such place of employment and
all pertinent conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question privately any such
employer, owner, operator, agent or employee. |
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84 STAT. 1599
|
| (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 United States. In case of a
contumacy, failure, or refusal of any person to obey such an order,
any district court of the United States or the United States courts
of any territory or possession, within the jurisdiction of which
such person is found, or resides or transacts business, upon the
application by the Secretary, shall have jurisdiction to issue to
such person an order requiring such person to appear to produce
evidence if, as, and when so ordered, and to give testimony relating
to the matter under investigation or in question, and any failure to
obey such order of the court may be punished by said court as a
contempt thereof. |
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Subpoena power. |
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| (c)(1) Each employer shall make, keep and
preserve, and make available to the Secretary or the Secretary of
Health and Human Services, such records regarding his activities
relating to this Act as the Secretary, in cooperation with the
Secretary of Health and Human Services, may prescribe by regulation
as necessary or appropriate for the enforcement of this Act or for
developing information regarding the causes and prevention of
occupational accidents and illnesses. In order to carry out the
provisions of this paragraph such regulations may include provisions
requiring employers to conduct periodic inspections. The Secretary
shall also issue regulations requiring that employers, through
posting of notices or other appropriate means, keep their employees
informed of their protections and obligations under this Act,
including the provisions of applicable standards. |
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Recordkeeping. |
| |
| (2) The Secretary, in cooperation with the
Secretary of Health and Human Services, shall prescribe regulations
requiring employers to maintain accurate records of, and to make
periodic reports on, work-related deaths, injuries and illnesses
other than minor injuries requiring only first aid treatment and
which do not involve medical treatment, loss of consciousness,
restriction of work or motion, or transfer to another job. |
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Work-related deaths, etc.; reports. |
| |
| (3) The Secretary, in cooperation with the
Secretary of Health and Human Services, shall issue regulations
requiring employers to maintain accurate records of employee
exposures to potentially toxic materials or harmful physical agents
which are required to be monitored or measured under section 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 physical 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. |
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| (d) Any information obtained by the Secretary,
the Secretary of Health and Human Services, 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. |
|
84 STAT. 1600
29 USC 657. |
| |
| (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. |
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| (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 representative of such violation or
danger. Any such notice shall be reduced to writing, shall set forth
with reasonable particularity the grounds for the notice, and shall
be signed by the employees or representative of employees, and a
copy shall be provided the employer or his agent no later than at
the time of inspection, except that, upon the request of the person
giving such notice, his name and the names of individual employees
referred to therein shall not appear in such copy or on any record
published, released, or made available pursuant to subsection (g) of
this section. If upon receipt of such notification the Secretary
determines there are reasonable grounds to believe that such
violation or danger exists, he shall make a special inspection in
accordance with the provisions of this section as soon as
practicable, to determine if such 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 writing of such determination. |
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| (2) Prior to or during any inspection of a
workplace, any employees or representative of employees employed in
such workplace may notify the Secretary or any representative of the
Secretary responsible for conducting the inspection, in writing, of
any violation of this Act which they have reason to believe exists
in such workplace. The Secretary shall, by regulation, establish
procedures for informal review of any refusal by a representative of
the Secretary to issue a citation with respect to any such alleged
violation and shall furnish the employees or representative of
employees requesting such review a written statement of the reasons
for the Secretary's final disposition of the case. |
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| (g)(1) The Secretary and Secretary of Health
and Human Services are authorized to compile, analyze, and publish,
either in summary or detailed form, all reports or information
obtained under this section. |
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Reports, publication. |
| |
| (2) The Secretary and the Secretary of Health
and Human Services shall each prescribe such rules and regulations
as he may deem necessary to carry out their responsibilities under
this Act, including rules and regulations dealing with the
inspection of an employer's establishment. |
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Rules and regulations. |
| |
| (h) The Secretary shall not use the results of
enforcement activities, such as the number of citations issued or
penalties assessed, to evaluate employees directly involved in
enforcement activities under this Act or to impose quotas or goals
with regard to the results of such activities. |
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| (a) If, upon inspection or investigation, 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 writing and shall describe with particularity
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 citation with
respect to de minimis violations which have no direct or immediate
relationship to safety or health. |
|
84 STAT. 1601
29 USC 658. |
| |
| (b) Each citation issued under this section, or
a copy or copies thereof, shall be prominently posted, as prescribed
in regulations issued by the Secretary, at or near each place a
violation referred to in the citation occurred. |
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| (c) No citation may be issued under this
section after the expiration of six months following the occurrence
of any violation. |
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Limitation. |
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| (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 working days within which to notify the
Secretary that he wishes to contest the citation or proposed
assessment of penalty. If, within fifteen working days from the
receipt of the notice issued by the Secretary the employer fails to
notify the Secretary that he intends to contest the citation or
proposed assessment of penalty, and no notice is filed by any
employees 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. |
|
29 USC 659. |
| |
| (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, within
fifteen working days from the receipt of notification issued by the
Secretary, the employer fails to notify the Secretary that he
intends to contest the notification or proposed assessment of
penalty, the notification and assessment, as proposed, shall be
deemed a final order of the Commission and not subject to review by
any court or agency. |
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|
| |
| (c) If an employer notifies the Secretary that
he intends to contest a citation issued under section 9(a) or
notification issued under subsection (a) or (b) of this section, or
if, within fifteen working days of the issuance of a citation under
section 9(a), any employee or representative of employees files a
notice with the Secretary alleging that the period of time fixed in
the citation for the abatement of the violation is unreasonable, the
Secretary shall immediately advise the Commission of such
notification, and the Commission shall afford an opportunity for a
hearing (in accordance with section 554 of title 5, 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 with the
abatement requirements of a citation, and that abatement has not
been completed because of factors beyond his reasonable control, the
Secretary, after an opportunity for a hearing as provided in this
subsection, shall issue an order affirming or modifying the
abatement requirements in such citation. The rules of procedure
prescribed by the Commission shall provide affected employees or
representatives of affected employees an opportunity to participate
as parties to hearings under this subsection. |
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84 STAT. 1602
80 Stat.
384.
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| (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, 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 Commission
and enforcing the same to the extent that such order is affirmed or
modified. The commencement of proceedings under this subsection
shall not, unless ordered by the court, operate as a stay of the
order of the Commission. No objection that has not been urged before
the Commission shall be considered by the court, unless the failure
or neglect to urge such objection shall be excused because of
extraordinary circumstances. The findings of the Commission with
respect to questions of fact, if supported by substantial evidence
on the record considered as a whole, shall be conclusive. If any
party shall apply to the court for leave to adduce additional
evidence and shall show to the satisfaction of the court that such
additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the hearing
before the Commission, the court may order such additional evidence
to be taken before the Commission and to be made a part of the
record. The Commission may modify its findings as to the facts, or
make new findings, by reason of additional evidence so taken and
filed, and it shall file such modified or new findings, which
findings with respect to questions of fact, if supported by
substantial evidence on the record considered as a whole, shall be
conclusive, and its recommendations, if any, for the modification or
setting aside of its original order. Upon the filing of the record
with it, the jurisdiction of the court shall be exclusive and its
judgment and decree shall be final, except that the same shall be
subject to review by the Supreme Court of the United States, as
provided in section 1254 of title 28, United States Code. |
|
29 USC
660.
72 Stat.
941;
80 Stat. 1323.
84
STAT. 1603
62 Stat. 928.
|
| |
| (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 subsection (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
enforcing the order and shall transmit a copy of such decree to the
Secretary and the employer named in the petition. In any contempt
proceeding brought to enforce a decree of a court of appeals entered
pursuant to this subsection or subsection (a), the court of appeals
may assess the penalties provided in section 17, in addition to
invoking any other available remedies. |
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| (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. |
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| (2) Any employee who believes that he has been
discharged or otherwise discriminated against by any person in
violation of this subsection may, within thirty days after such
violation occurs, file a complaint with the Secretary alleging such
discrimination. Upon receipt of such complaint, the Secretary shall
cause such investigation to be made as he deems appropriate. If upon
such investigation, the Secretary determines that the provisions of
this subsection have been violated, he shall bring an action in any
appropriate United States district court against such person. In any
such action the United States district courts shall have
jurisdiction, for cause shown to restrain violations of paragraph
(1) of this subsection and order all appropriate relief including
rehiring or reinstatement of the employee to his former position
with back pay. |
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| (3) Within 90 days of the receipt of a
complaint filed under this subsection the Secretary shall notify the
complainant of his determination under paragraph 2 of this
subsection. |
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| (a) The Occupational Safety and Health Review
Commission is hereby established. The Commission shall be composed
of three members who shall be appointed by the President, by and
with the advice and consent of the Senate, from among persons who by
reason of training, education, or experience are qualified to carry
out the functions of the Commission under this Act. The President
shall designate one of the members of the Commission to serve as
Chairman. |
|
29 USC 661.
Establishment;
membership.
84 STAT. 1604
|
| |
| (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. |
|
Terms. |
| |
| (c)(1) Section 5314 of title 5, United States
Code, is amended by adding at the end thereof the following new
paragraph: |
|
80 Stat. 460. |
| |
"(57) Chairman, Occupational Safety and Health
Review Commission." |
|
|
| (2) Section 5315 of title 5, United States
Code, is amended by adding at the end thereof the following new
paragraph: |
|
Ante, p. 776. |
| |
"(94) Members, Occupational Safety and Health
Review 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. |
|
Location. |
| |
| (e) The Chairman shall be responsible on behalf
of the Commission for the administrative operations of the
Commission and shall appoint such administrative law judges and
other employees as he deems necessary to assist in the performance
of the Commission's functions and to fix their compensation in
accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification and General Schedule pay rates: Provided, That
assignment, removal and compensation of administrative law judges
shall be in accordance with sections 3105, 3344, 5372, and 7521 of
title 5, United States Code. |
|
5 USC
5101,
5331.
Ante, p. 198-1.
|
| |
| (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. |
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Quorum. |
| |
| (g) Every official act of the Commission shall
be entered of record, and its hearings and records shall be open to
the public. The Commission is authorized to make such rules as are
necessary for the orderly transaction of its proceedings. Unless the
Commission has adopted a different rule, its proceedings shall be in
accordance with the Federal Rules of Civil Procedure. |
|
Public Records. |
| |
| (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. |
|
28 USC app. |
| |
| (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. |
|
61 Stat. 150;
Ante, p. 930. |
| |
| (j) A administrative law judge appointed by the
Commission shall hear, and make a determination upon, any proceeding
instituted before the Commission and any motion in connection
therewith, assigned to such administrative law judge by the Chairman
of the Commission, and shall make a report of any such determination
which constitutes his final disposition of the proceedings. The
report of the administrative law judge shall become the final order
of the Commission within thirty days after such report by the
administrative law judge, unless within such period any Commission
member has directed that such report shall be reviewed by the
Commission. |
|
84 STAT. 1605
Report |
| |
| (k) Except as otherwise provided in this Act,
the administrative law judges shall be subject to the laws governing
employees in the classified civil service, except that appointments
shall be made without regard to section 5108 of title 5, United
States Code. Each administrative law judge shall receive
compensation at a rate not less than that prescribed for GS-16 under
section 5332 of title 5, United States Code. |
|
80 Stat. 453.
Ante, p.
930.
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| (a) The United States district courts shall
have jurisdiction, upon petition of the Secretary, to restrain any
conditions or practices in any place of employment which are such
that a danger exists which could reasonably be expected to cause
death or serious physical harm immediately or before the imminence
of such danger can be eliminated through the enforcement procedures
otherwise provided by this 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. |
|
29 USC 662. |
| |
| (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 Federal Rules, Civil Procedure, except
that no temporary restraining order issued without notice shall be
effective for a period longer than five days. |
|
28 USC app.
|
| |
| (c) Whenever and as soon as an inspector
concludes that conditions or practices described in subsection (a)
exist in any place of employment, he shall inform the affected
employees and employers of the danger and that he is recommending to
the Secretary that relief be sought. |
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| (d) If the Secretary arbitrarily or
capriciously fails to seek relief under this section, any employee
who may be injured by reason of such failure, or the representative
of such employees, might bring an action against the Secretary in
the United States district court for the district in which the
imminent danger is alleged to exist or the employer has its
principal office, or for the District of Columbia, for a writ of
mandamus to compel the Secretary to seek such an order and for such
further relief as may be appropriate. |
|
|
14. Representation in Civil Litigation |
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| Except as provided in section 518(a) of title 28,
United 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. |
|
84 STAT. 1606
29 USC 663.
80 Stat.
613.
|
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| 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 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. |
|
29 USC 664.
62 Stat.
791. |
|
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| |
| The Secretary, on the record, after notice and
opportunity for a hearing may provide such reasonable limitations
and may make such rules and regulations allowing reasonable
variations, tolerances, and exemptions to and from any or all
provisions of this 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. |
|
29 USC 655. |
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| (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 prescribed pursuant to this Act, may be assessed
a civil penalty of not more than $70,000 for each violation, but not
less than $5,000 for each willful violation. |
|
29 USC 666.
Maximum allowed criminal fines under this
subsection have been increased by the Sentencing Reform Act of 1984,
18 USC § 3551 et seq., see Historical and Statutory Notes,
infra. |
| |
| (b) Any employer who has received a citation
for a serious 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 any regulations prescribed pursuant to this
Act, shall be assessed a civil penalty of up to $7,000 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 $7,000 for each
violation. |
|
|
| |
| (d) Any employer who fails to correct a
violation for which a citation 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 proceeding 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 $7,000
for each day during which such failure or violation continues. |
|
|
| |
| (e) Any employer who willfully violates any
standard, rule, or order promulgated pursuant to section 6 of this
Act, or of any regulations 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. |
|
84 STAT. 1607
|
| |
| (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 document 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 amended by striking out "designated by the Secretary
of Health and Human Services 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". |
|
65 Stat. 721;
79 Stat. 234. |
| |
| (2) Notwithstanding the provisions of sections
1111 and 1114 of title 18, United States Code, whoever, in violation
of the provisions of 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 subsection, 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. |
|
62 Stat. 756.
|
| |
| (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 $7,000 for each
violation. |
|
|
| |
| (j) The Commission shall have authority to
assess all civil penalties provided in this section, giving due
consideration to the appropriateness of the penalty with respect to
the size of the business of the employer being charged, the gravity
of the violation, the good faith of the employer, and the history of
previous violations. |
|
|
| |
| (k) For purposes of this section, a serious
violation shall be deemed to exist in a place of employment if there
is a substantial probability that death or serious physical harm
could result from a condition which exists, or from one or more
practices, means, methods, operations, or processes which have been
adopted or are in use, in such place of employment unless the
employer did not, and could not with the exercise of reasonable
diligence, know of the presence of the violation. |
|
|
| |
| (l) Civil penalties owed under this Act shall
be paid to the Secretary for deposit into the Treasury of the United
States and shall accrue to the United States and may be recovered in
a civil action in the name of the United States brought in the
United States district court for the district where the violation is
alleged to have occurred or where the employer has its principal
office. |
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| (a) Nothing in this Act shall prevent any State
agency or court from asserting jurisdiction under State law over any
occupational safety or health issue with respect to which no
standard is in effect under section 6. |
|
84 STAT. 1608
29 USC 667. |
| |
| (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 standards and their enforcement. |
|
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| (c) The Secretary shall approve the plan
submitted by a State under subsection (b), or any modification
thereof, if such plan in his judgement -- |
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(1) designates a State agency or agencies as
the agency or agencies responsible for administering the plan
throughout the State, |
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| |
(2) provides for the development and
enforcement of safety and health standards relating to one or more
safety or health issues, which standards (and the enforcement of
which standards) are or will be at least as effective in providing
safe and healthful employment and places of employment as the
standards promulgated under section 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, |
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(3) provides for a right of entry and
inspection of all workplaces subject to the Act which is at least as
effective as that provided in section 8, and includes a prohibition
on advance notice of inspections, |
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(4) contains satisfactory assurances that such
agency or agencies have or will have the legal authority and
qualified personnel necessary for the enforcement of such
standards, |
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(5) gives satisfactory assurances that such
State will devote adequate funds to the administration and
enforcement of such standards, |
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(6) contains satisfactory assurances that such
State will, to the extent permitted by its law, establish and
maintain an effective and comprehensive occupational safety and
health program applicable to all employees of public agencies of the
State and its political subdivisions, which program is as effective
as the standards contained in an approved plan, |
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(7) requires employers in the State to make
reports to the Secretary in the same manner and to the same extent
as if the plan were not in effect, and |
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| |
(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. |
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| (d) If the Secretary rejects a plan submitted
under subsection (b), he shall afford the State submitting the plan
due notice and opportunity for a hearing before so doing. |
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Notice of Hearing. |
| |
| (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 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
commenced under section 9 or 10 before the date of determination. |
|
84 STAT. 1609
|
| |
| (f) The Secretary shall, on the basis of
reports submitted by the State agency and his own inspections make a
continuing evaluation of the manner in which each State having a
plan approved under this section is carrying out such plan. Whenever
the Secretary finds, after affording due notice and opportunity for
a hearing, that in the administration of the State plan there is a
failure to comply substantially with any provision of the State plan
(or any assurance contained therein), he shall notify the State
agency of his withdrawal of approval of such plan and upon receipt
of such notice such plan shall cease to be in effect, but the State
may retain jurisdiction in any case commenced before the withdrawal
of the plan in order to enforce standards under the plan whenever
the issues involved do not relate to the reasons for the withdrawal
of the plan. |
|
Continuing evaluation. |
| |
| (g) The State may obtain a review of a decision
of the Secretary withdrawing approval of or rejecting its plan by
the United States court of appeals for the circuit in which the
State is located by filing in such court within thirty days
following receipt of notice of such decision a petition to modify or
set aside in whole or in part the action of the Secretary. A copy of
such petition shall forthwith be served upon the Secretary, and
thereupon the Secretary shall certify and file in the court the
record upon which the decision complained of was issued as provided
in section 2112 of title 28, United States Code. Unless the court
finds that the Secretary's decision in rejecting a proposed State
plan or withdrawing his approval of such a plan is not supported by
substantial evidence the court shall affirm the Secretary's
decision. The judgment of the court shall be subject to review by
the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United States
Code. |
|
Plan rejection, review.
72 Stat. 941;
80 Stat. 1323.
62 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. |
|
December 29, 1970 |
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| (a) It shall be the responsibility of the head
of each Federal agency (not including the United States Postal
Service) to establish and maintain an effective and comprehensive
occupational safety and health program which is consistent with the
standards promulgated under section 6. The head of each agency shall
(after consultation with representatives of the employees thereof)
-- |
|
29 USC 668. |
| |
(1) provide safe and healthful places and
conditions of employment, consistent with the standards set under
section 6; |
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| |
| |
(2) acquire, maintain, and require the use of
safety equipment, personal protective equipment, and devices
reasonably necessary to protect employees; |
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(3) keep adequate records of all occupational
accidents and illnesses for proper evaluation and necessary
corrective action; |
|
84 STAT. 1610 Recordkeeping. |
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| |
(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 |
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| |
(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. |
|
Annual Report. |
| (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. |
|
80 Stat. 530.
Report to President. |
| |
| (c) Section 7902(c)(1) of title 5, United
States Code, is amended by inserting after "agencies" the following:
"and of labor organizations representing employees". |
|
|
| |
| (d) The Secretary shall have access to records
and reports kept and filed by Federal agencies pursuant to
subsections (a)(3) and (5) of this section unless those records and
reports are specifically required by Executive order to be kept
secret in the interest of the national defense or foreign policy, in
which case the Secretary shall have access to such information as
will not jeopardize national defense or foreign policy. |
|
Records, etc.; availability. |
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| |
| (a)(1) The Secretary of Health and Human
Services, after consultation with the Secretary and with other
appropriate Federal departments or agencies, shall conduct (directly
or by grants or contracts) research, experiments, and demonstrations
relating to occupational safety and health, including studies of
psychological factors involved, and relating to innovative methods,
techniques, and approaches for dealing with occupational safety and
health problems. |
|
29 USC 669. |
| |
| (2) The Secretary of Health and Human Services
shall from time to time consult with the Secretary in order to
develop specific plans for such research, demonstrations, and
experiments as are necessary to produce criteria, including criteria
identifying toxic substances, enabling the Secretary to meet his
responsibility for the formulation of safety and health standards
under this Act; and the Secretary of Health and Human Services, on
the basis of such research, demonstrations, and experiments and any
other information available to him, shall develop and publish at
least annually such criteria as will effectuate the purposes of this
Act. |
| |
| (3) The Secretary of Health and Human Services,
on the basis of such research, demonstrations, and experiments, and
any other information available to him, shall develop criteria
dealing with toxic materials and harmful physical agents and
substances which will describe exposure levels that are safe for
various periods of employment, including but not limited to the
exposure levels at which no employee will suffer impaired health or
functional capacities or diminished life expectancy as a result of
his work experience. |
|
|
| |
| (4) The Secretary of Health and Human Services
shall also conduct special research, experiments, and demonstrations
relating to occupational safety and health as are necessary to
explore new problems, including those created by new technology in
occupational safety and health, which may require ameliorative
action beyond that which is otherwise provided for in the operating
provisions of this Act. The Secretary of Health and Human Services
shall also conduct research into the motivational and behavioral
factors relating to the field of occupational safety and health. |
|
84 STAT. 1611.
|
| |
| (5) The Secretary of Health and Human Services,
in order to comply with his responsibilities under paragraph (2),
and in order to develop needed information regarding potentially
toxic substances or harmful physical agents, may prescribe
regulations requiring employers to measure, record, and make reports
on the exposure of employees to substances or physical agents which
the Secretary of Health and Human Services reasonably believes may
endanger the health or safety of employees. The Secretary of Health
and Human Services also is authorized to establish such programs of
medical examinations and tests as may be necessary for determining
the incidence of occupational illnesses and the susceptibility of
employees to such illnesses. Nothing in this or any other provision
of this 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 and Human Services shall furnish
full financial or other assistance to such employer for the purpose
of defraying any additional expense incurred by him in carrying out
the measuring and recording as provided in this subsection. |
|
Toxic substances, records.
Medical
examinations. |
| |
| (6) The Secretary of Health and Human Services
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 and Human Services
determines that any substance is potentially toxic at the
concentrations in which it is used or found in a place of
employment, and such substance is not covered by an occupational
safety or health standard promulgated under section 6, the Secretary
of Health and Human Services shall immediately submit such
determination to the Secretary, together with all pertinent
criteria. |
|
Toxic substances, publication.
December 29,
1970 |
| |
| (7) Within two years of enactment of the Act,
and annually thereafter the Secretary of Health and Human Services
shall conduct and publish industry wide studies of the effect of
chronic or low-level exposure to industrial materials, processes,
and stresses on the potential for illness, disease, or loss of
functional capacity in aging adults. |
|
Annual studies. |
| |
| (b) The Secretary of Health and Human Services
is authorized to make inspections and question employers and
employees as provided in section 8 of this Act in order to carry out
his functions and responsibilities under this section. |
|
Inspections. |
| |
| (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 under this subsection, the Secretary shall
cooperate with the Secretary of Health and Human Services in order
to avoid any duplication of efforts under this section. |
|
Contract authority.
84 STAT.
1612 |
| |
| (d) Information obtained by the Secretary and
the Secretary of Health and Human Services under this section shall
be disseminated by the Secretary to employers and employees and
organizations thereof. |
|
|
| |
| (e) The functions of the Secretary of Health
and Human Services 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. |
|
Delegation of functions. |
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|
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| (a) The Secretary of Health and Human Services,
after consultation with the Secretary and with other appropriate
Federal departments and agencies, shall conduct, directly or by
grants or contracts (1) education programs to provide an adequate
supply of qualified personnel to carry out the purposes of this Act,
and (2) informational programs on the importance of and proper use
of adequate safety and health equipment. |
|
29 USC 670. |
| |
|
|
| (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. |
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|
|
| (c) The Secretary, in consultation with the
Secretary of Health and Human Services, shall (1) provide for the
establishment and supervision of programs for the education and
training of employers and employees in the recognition, avoidance,
and prevention of unsafe or unhealthful working conditions in
employments covered by this Act, and (2) consult with and advise
employers and employees, and organizations representing employers
and employees as to effective means of preventing occupational
injuries and illnesses. |
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|
| (d)(1) The Secretary shall establish and
support cooperative agreements with the States under which employers
subject to this Act may consult with State personnel with respect to
-- |
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(A) the application of occupational safety and
health requirements under this Act or under State plans approved
under section 18; and |
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(B) voluntary efforts that employers may
undertake to establish and maintain safe and healthful employment
and places of employment. Such agreements may provide, as a
condition of receiving funds under such agreements, for
contributions by States towards meeting the costs of such
agreements. |
|
|
| (2) Pursuant to such agreements the State shall
provide on-site consultation at the employer's worksite to employers
who request such assistance. The State may also provide other
education and training programs for employers and employees in the
State. The State shall ensure that on-site consultations conducted
pursuant to such agreements include provision for the participation
by employees. |
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| (3) Activities under this subsection shall be
conducted independently of any enforcement activity. If an employer
fails to take immediate action to eliminate employee exposure to an
imminent danger identified in a consultation or fails to correct a
serious hazard so identified within a reasonable time, a report
shall be made to the appropriate enforcement authority for such
action as is appropriate. |
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|
|
| (4) The Secretary shall, by regulation after
notice and opportunity for comment, establish rules under which an
employer -- |
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(A) which requests and undergoes an on-site
consultative visit provided under this subsection; |
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(B) which corrects the hazards that have been
identified during the visit within the time frames established by
the State and agrees to request a subsequent consultative visit if
major changes in working conditions or work processes occur which
introduce new hazards in the workplace; and |
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(C) which is implementing procedures for
regularly identifying and preventing hazards regulated under this
Act and maintains appropriate involvement of, and training for,
management and non-management employees in achieving safe and
healthful working conditions, may be exempt from an inspection
(except an inspection requested under section 8(f) or an inspection
to determine the cause of a workplace accident which resulted in the
death of one or more employees or hospitalization for three or more
employees) for a period of 1 year from the closing of the
consultative visit. |
|
|
| (5) A State shall provide worksite
consultations under paragraph (2) at the request of an employer.
Priority in scheduling such consultations shall be assigned to
requests from small businesses which are in higher hazard industries
or have the most hazardous conditions at issue in the request. |
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|
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| (a) It is the purpose of this section to
establish a National Institute for Occupational Safety and Health in
the Department of Health and Human Services in order to carry out
the policy set forth in section 2 of this Act and to perform the
functions of the Secretary of Health and Human Services under
sections 20 and 21 of this Act. |
|
29 USC 671.
Establishment.
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| |
|
|
| (b) There is hereby established in the
Department of Health and Human Services a National Institute for
Occupational Safety and Health. The Institute shall be headed by a
Director who shall be appointed by the Secretary of Health and Human
Services, and who shall serve for a term of six years unless
previously removed by the Secretary of Health and Human Services. |
|
Director,
appointment,
term. |
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| (c) The Institute is authorized to -- |
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(1) develop and establish recommended
occupational safety and health standards; and |
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(2) perform all functions of the Secretary of
Health and Human Services under sections 20 and 21 of this Act. |
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| (d) Upon his own initiative, or upon the
request of the Secretary of Health and Human Services, 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 consideration of the results of such research and experimental
programs make recommendations concerning new or improved
occupational safety and health standards. Any occupational safety
and health standard recommended pursuant to this section shall
immediately be forwarded to the Secretary of Labor, and to the
Secretary of Health and Human Services. |
|
84 STAT.1613 |
| |
|
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| (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 -- |
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(1) prescribe such regulations as he deems
necessary governing the manner in which its functions shall be
carried out; |
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(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; |
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(3) receive (and use, sell, or otherwise
dispose of, in accordance with paragraph (2)), money and other
property donated, bequeathed, or devised to the Institute with a
condition or restriction, including a condition that the Institute
use other funds of the Institute for the purposes of the gift; |
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(4) in accordance with the civil service laws,
appoint and fix the compensation of such personnel as may be
necessary to carry out the provisions of this section; |
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(5) obtain the services of experts and
consultants in accordance with the provisions of section 3109 of
title 5, United States Code; |
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80 Stat. 416.
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(6) accept and utilize the services of
voluntary and noncompensated personnel and reimburse them for travel
expenses, including per diem, as authorized by section 5703 of title
5, United States Code; |
|
83 Stat. 190.
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(7) enter into contracts, grants or other
arrangements, or modifications thereof to carry out the provisions
of this section, and such contracts or modifications thereof may be
entered into without performance or other bonds, and without regard
to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),
or any other provision of law relating to competitive bidding; |
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(8) make advance, progress, and other payments
which the Director deems necessary under this title without regard
to the provisions of section 3324 (a) and (b) of Title 31; and |
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(9) make other necessary expenditures. |
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| (f) The Director shall submit to the Secretary
of Health and Human Services, to the President, and to the Congress
an annual report of the operations of the Institute under this Act,
which shall include a detailed statement of all private and public
funds received and expended by it, and such recommendations as he
deems appropriate. |
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Annual report
to HHS,
President,
and
Congress.
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| (g) LEAD-BASED PAINT ACTIVITIES. |
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| (1) Training Grant Program. -- |
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| (A) The Institute, in conjunction with the
Administrator of the Environmental Protection Agency, may make
grants for the training and education of workers and supervisors who
are or may be directly engaged in lead-based paint activities. |
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|
| (B) Grants referred to in subparagraph (A)
shall be awarded to nonprofit organizations (including colleges and
universities, joint labor-management trust funds, States, and
nonprofit government employee organizations) -- |
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(i) which are engaged in the training and
education of workers and supervisors who are or who may be directly
engaged in lead-based paint activities (as defined in Title IV of
the Toxic Substances Control Act), |
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15 USC 2681 et. seq. |
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(ii)which have demonstrated experience in
implementing and operating health and safety training and education
programs, and |
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(iii) with a demonstrated ability to reach, and
involve in lead-based paint training programs, target populations of
individuals who are or will be engaged in lead-based paint
activities. |
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Grants under this subsection shall be awarded only to
those organizations that fund at least 30 percent of their
lead-based paint activities training programs from non-Federal
sources, excluding in-kind contributions. Grants may also be made to
local governments to carry out such training and education for their
employees. |
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| (C) There are authorized to be appropriated, a
minimum, $10,000,000 to the Institute for each of the fiscal years
1994 through 1997 to make grants under this paragraph. |
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| |
|
|
| (2) Evaluation of Programs. -- The Institute
shall conduct periodic and comprehensive assessments of the efficacy
of the worker and supervisor training programs developed and offered
by those receiving grants under this section. The Director shall
prepare reports on the results of these assessments addressed to the
Administrator of the Environmental Protection Agency to include
recommendations as may be appropriate for the revision of these
programs. The sum of $500,000 is authorized to be appropriated to
the Institute for each of the fiscal years 1994 through 1997 to
carry out this paragraph. |
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|
|
| (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 -- |
|
29 USC 672. |
| |
(1) in identifying their needs and
responsibilities in the area of occupational safety and health, |
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(2) in developing State plans under section 18,
or |
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(3) in developing plans for -- |
|
84 STAT. 1614 |
| |
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(A) establishing systems for the collection of
information concerning the nature and frequency of occupational
injuries and diseases; |
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(B) increasing the expertise and enforcement
capabilities of their personnel engaged in occupational safety and
health programs; or |
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(C) otherwise improving the administration and
enforcement of State occupational safety and health laws, including
standards thereunder, consistent with the objectives of this Act. |
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|
| (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. |
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|
|
| (c) The Governor of the State shall designate
the appropriate State agency for receipt of any grant made by the
Secretary under this section. |
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|
| (d) Any State agency designated by the Governor
of the State desiring a grant under this section shall submit an
application therefor to the Secretary. |
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| (e) The Secretary shall review the application,
and shall, after consultation with the Secretary of Health and Human
Services, approve or reject such application. |
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|
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| (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. |
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| |
|
|
| (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. |
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| (h) Prior to June 30, 1973, the Secretary
shall, after consultation with the Secretary of Health and Human
Services, transmit a report to the President and to the Congress,
describing the experience under the grant programs authorized by
this section and making any recommendations he may deem
appropriate. |
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| (a) In order to further the purposes of this
Act, the Secretary, in consultation with the Secretary of Health and
Human Services, shall develop and maintain an effective program of
collection, compilation, and analysis of occupational safety and
health statistics. Such program may cover all employments whether or
not subject to any other provisions of this Act but shall not cover
employments 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. |
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29 USC 673. |
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| (b) To carry out his duties under subsection
(a) of this section, the Secretary may -- |
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84 STAT. 1615 |
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(1) promote, encourage, or directly engage in
programs of studies, information and communication concerning
occupational safety and health statistics; |
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(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 |
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(3) arrange, through grants or contracts, for
the conduct of such research and investigations as give promise of
furthering the objectives of this section. |
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| (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. |
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| (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. |
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| (e) On the basis of the records made and kept
pursuant to section 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 functions under this Act. |
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Reports. |
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| (f) Agreements between the Department of Labor
and States pertaining to the collection of occupational safety and
health statistics already in effect on the effective date of this
Act shall remain in effect until superseded by grants or contracts
made under this Act. |
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| (a) Each recipient of a grant under this Act
shall keep such records as the Secretary or the Secretary of Health
and Human Services shall prescribe, including records which fully
disclose the amount and disposition by such recipient of the
proceeds of such grant, the total cost of the project or undertaking
in connection with which such grant is made or used, and the amount
of that portion of the cost of the project or undertaking supplied
by other sources, and such other records as will facilitate an
effective audit. |
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29 USC 674. |
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| (b) The Secretary or the Secretary of Health
and Human Services, and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access for the purpose of audit and examination to any books,
documents, papers, and records of the recipients of any grant under
this Act that are pertinent to any such grant. |
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| Within one hundred and twenty days following the
convening of each regular session of each Congress, the Secretary
and the Secretary of Health and Human Services shall each prepare
and submit to the President for transmittal to the Congress a report
upon the subject matter of this Act, the progress toward achievement
of the purpose of this Act, the needs and requirements in the field
of occupational safety and health, and any other relevant
information. Such reports shall include information regarding
occupational safety and health standards, and criteria for such
standards, developed during the preceding year; evaluation of
standards and criteria previously developed under this 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 of inspection and enforcement
activity undertaken; analysis and evaluation of research activities
for which results have been obtained under governmental and
nongovernmental sponsorship; an analysis of major occupational
diseases; evaluation of available control and measurement technology
for hazards for which standards or criteria have been developed
during the preceding year; description of cooperative efforts
undertaken between Government agencies and other interested parties
in the implementation of this Act during the preceding year; a
progress report on the development of an adequate supply of trained
manpower in the field of occupational safety and health, including
estimates of future needs and the efforts being made by Government
and others to meet those needs; listing of all toxic substances in
industrial usage for which labeling requirements, criteria, or
standards have not yet been established; and such recommendations
for additional legislation as are deemed necessary to protect the
safety and health of the worker and improve the administration of
this Act. |
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29 USC 675.
84 STAT.
1616 |
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| (a)(1) The Congress hereby finds and declares
that -- |
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29 USC 676. |
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(A) the vast majority of American workers, and
their families, are dependent on workmen's compensation for their
basic economic security in the event such workers suffer disabling
injury or death in the course of their employment; and that the full
protection 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 |
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(B) in recent years serious questions have been
raised concerning 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. |
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| (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. |
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| (a) Section 7(b) of the Small Business Act, as
amended, is amended -- |
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72 Stat. 387;
83 Stat. 802. |
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(1) by striking out the period at the end of
"paragraph (5)" and inserting in lieu thereof "; and"; and; |
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15 USC 636. |
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(2) by adding after paragraph (5) a new
paragraph as follows: |
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| "(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, facilities,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 Occupational Safety and Health
Act of 1970, if the Administration determines that such concern is
likely to suffer substantial economic injury without assistance
under this paragraph." |
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| (b) The third sentence of section 7(b) of the
Small Business Act, as amended, is amended by striking out "or (5)"
after "paragraph (3)" and inserting a comma followed by "(5) or
(6)". |
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| (c) Section 4(c)(1) of the Small Business Act,
as amended, is amended by inserting "7(b)(6)," after "7(b)(5),". |
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80 Stat. 132.
15 USC 633. |
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| (d) Loans may also be made or guaranteed for
the purposes set forth in section 7(b)(5) of the Small Business Act,
as amended, pursuant to the provisions of section 202 of the Public
Works and Economic Development Act of 1965, as amended. |
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79 Stat. 556.
42 USC
3142.
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| (a) Section 2 of the Act of April 17, 1946 (60
Stat. 91) as amended (29 U.S.C. 553) is amended by -- |
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75 Stat. 338.
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(1) striking out "four" in the first sentence
of such section and inserting in lieu thereof "five"; and |
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84 STAT. 1619 |
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(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) Paragraph (20) of section 5315 of title 5,
United States Code, is amended by striking out "(4)" and inserting
in lieu thereof "(5)". |
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80 Stat. 462.
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| Section 5108(c) of title 5, United States Code, is
amended by -- |
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5 USC 5108(c). |
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| (1) striking out the word "and" at the end of
paragraph (8); |
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| (2) striking out the period at the end of
paragraph (9) and inserting in lieu thereof a semicolon and the word
"and"; and |
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| (3) by adding immediately after paragraph (9)
the following new paragraph: |
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(10)(A) the Secretary of Labor, subject to the
standards and procedures prescribed by this chapter, may place an
additional twenty-five positions in the Department of Labor in
GS-16, 17, and 18 for the purposes of carrying out his
responsibilities under the Occupational Safety and Health Act of
1970; |
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(B) the Occupational Safety and Health Review
Commission, 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." |
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| If any provision of this Act, or the application of
such provision to any person or circumstance, shall be held invalid,
the remainder 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. |
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29 USC 677. |
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| There are authorized to be appropriated to carry out
this Act for each fiscal year such sums as the Congress shall deem
necessary. |
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84 STAT. 1620
29 USC
678. |
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| This Act shall take effect one hundred and twenty days
after the date of its enactment. |
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Approved December 29, 1970. |
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LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 91-1291 accompanying H.R. 16785
(Comm. on Education and Labor) and No. 91-1765 (Comm. of
Conference).
SENATE REPORT: No. 91-1282 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD, Vol. 116 (1970):
Oct. 13, Nov. 16, 17, considered and passed Senate.
Nov. 23, 24, considered and passed House, amended, in lieu
of H.R. 16785.
Dec. 16, Senate agreed to conference report.
Dec. 17, House agreed to conference report.
HISTORICAL AND STATUTORY NOTES
Format.
This reprinting of the Act retains the format originally created by
Congress in the OSH Act of 1970, Pub. L. 95-251 (see
also Statutes at Large, 84 Stat. 1590). The format of this version
will differ slightly from that published in the United States Code, which,
among other things, contains lengthier section headings, inserts
subsection headings, has a different style of citation to other sections
of the U.S.C., and refers to Pub. L. 95-251 as the "chapter" rather than
the "Act."
Amendments.
Amended by Public Law 93-237, January 2, 1974; Public Law 95-251, March
27, 1978; Public Law 97-375, December 21, 1982; Public Law 98-620,
November 8, 1984; Public Law 101-508, November 5, 1990; Public Law
102-550, October 28, 1992; Public Law 103-272, July 5, 1994; Public Law
105-197, July 16, 1998; Public Law 105-198, July 16, 1998; Public Law
105-241, September 29, 1998.
The Act was first amended on January 2, 1974, by section 2(c) of Pub.
L. 93-237, which replaced the phrase "7(b)(6)" in section 28(d) of the OSH
Act with "7(b)(5)".
On March 27, 1978, Pub L. 95-251 replaced the term "hearing
examiner(s)" with "administrative law judge(s)" in all federal laws,
including sections 12(e), 12(j), and 12(k) of the OSH Act.
The U.S. entered into a treaty in 1977, Panama Canal Treaty of
1977, Sept. 7, 1977, U.S.-Panama, T.I.A.S. 10030, 33 U.S.T. 39, which
was implemented by legislation. Panama Canal Act of 1979, Pub. L. 96-70,
93 Stat. 452 (1979). Although no corresponding amendment to the OSH Act
was enacted, the Canal Zone ceased to exist in 1979. The U.S. continued to
manage, operate and facilitate the transit of ships through the Canal
under the authority of the Panama Canal Treaty until December 31, 1999, at
which time authority over the Canal was transferred to the Republic of
Panama.
On December 21, 1982, Pub. L. 97-375, Congress struck the sentence in
section 19(b) of the act that directed the President of the United States
to transmit annual reports of the activities of federal agencies included
in subsection (a)(5) of section 19 to the House of Representatives and the
Senate.
On October 12, 1984, Pub. L. 98-473 (commonly referred to as the
"Sentencing Reform Act of 1984") instituted a classification system for
criminal offenses punishable under the United States Code. Under this
system, an offense with imprisonment terms of "six months or less but more
than thirty days," such as that found in 29 U.S.C. § 666(e) for a willful
violation of the OSH Act, is classified as a criminal "Class B
misdemeanor." 18 U.S.C. § 3559(a)(7). The criminal code increases the
monetary penalties for criminal misdemeanors beyond what is provided for
in the OSH Act: a fine for a Class B misdemeanor resulting in death, for
example, is not more than $250,000 for an individual, and is not more than
$500,000 for an organization. 18 U.S.C. §§ 3571(a)(4), (c)(4). The
criminal code also provides for authorized terms of probation for both
individuals and organizations. 18 U.S.C. §§ 3551, 3561. The term of
imprisonment for individuals is the same as that authorized by the OSH
Act. 18 U.S.C. § 3581(b)(7).
On November 8, 1984, Pub. L. 98-620, Congress struck the last sentence
in section 11(a) of the Act that required petitions filed under the
subsection to be heard expeditiously.
On November 5, 1990, Pub. L. 101-508 amended the Act by increasing the
penalties for willful or repeated violations of the Act in section 17(a)
from $10,000 for each violation to "$70,000 for each violation, but not
less than $5,000 for each willful violation," and increased the limitation
on penalties in sections (b), (c), (d), and (i) from $1000 to $7000 for
serious and other-than-serious violations, failure to correct violative
conditions, and violations of the Act's posting requirements.
On October 28, 1992, Pub. L. 102-550 [titled the "Housing and Community
Development Act of 1992"] amended section 22 of the Act by adding
subsection (g), which requires NIOSH to institute a training grant program
for lead-based paint activities.
On July 5, 1994, section 7(b) of Pub. L. 103-272 [titled "An Act to
revise, codify, and enact without substantive change certain general and
permanent laws, related to transportation...and to make other technical
improvements in the Code"] repealed section 31 of the OSH Act, "Emergency
Locator Beacons." Section 1(e) of the same Public Law, however, enacted a
modified version of section 31 of the OSH Act. This provision, titled
"Emergency Locator Transmitters," is codified at 49 U.S.C. § 44712.
On July 16, 1998, Pub. L. 105-197 amended section 21 of the Act by
adding subsection (d), which requires the Secretary to establish a
compliance assistance program by which employers can consult with state
personnel regarding the application of and compliance with OSHA standards
independent of any enforcement activity.
On July 16, 1998, Pub. L. 105-198 amended section 8 of the Act by
adding subsection (h), which forbids the Secretary to use the results of
enforcement activities to evaluate the employees involved in such
enforcement or to impose quotas or goals.
On September 29, 1998, Pub. L. 105-241 amended sections 3(5) and 19(a)
of the Act to include the United States Postal Service as an "employer"
subject to OSHA enforcement.
Other jurisdictional notes: Although no corresponding amendments to the
OSH Act have been made, OSHA no longer exercises jurisdiction over the
entity formerly known as the Trust Territory of the Pacific Islands. The
Trust Territory, which consisted of the Former Japanese Mandated Islands,
was established in 1947 by the Security Council of the United Nations, and
administered by the United States. Trusteeship Agreement for the Former
Japanese Mandated Islands, Apr. 2-July 18, 1947, 61 Stat. 3301,
T.I.A.S. 1665, 8 U.N.T.S. 189.
From 1947 to 1994, the people of these islands exercised the right of
self-determination conveyed by the Trusteeship four times, resulting in
the division of the Trust Territory into four separate entities. Three
entities: the Republic of Palau, the Federated States of Micronesia, and
the Republic of the Marshall Islands, became "Freely Associated States,"
to which U.S. Federal Law does not apply. There is a presumption of
applicability of federal law to the fourth entity, the Commonwealth of
Northern Mariana Islands, which elected to become a "Flag Territory" of
the United States. See Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America, Article V, Section 502(a) as contained in Pub. L. 94-24, 90
Stat. 263 (Mar. 24, 1976)[citations to amendments omitted]; 48 U.S.C. §
1801 and note (1976); see also Saipan Stevedore v. Director, Office of
Workers' Compensation Programs, 133 F.3d 717, 722 (9th Cir.
1998)(Longshore and Harbor Workers' Compensation Act applies to the
Commonwealth of Northern Mariana Islands pursuant to section 502(a) of the
Covenant because the Act has general application to the states and to
Guam). For up-to-date information on the legal status of these freely
associated states and territories, contact the Insular Affairs division of
the Department of the Interior.
Change of Name.
The phrase "Secretary of Health and Human Services" was substituted for
"Secretary of Health, Education and Welfare" in sections 6, 7, 8, and
20-26 of the Act pursuant to section 509(b) of Pub. L. 96-88 (Oct 17,
1979).
Codifications.
12(c): Amended sections 5314 and 5315 of Title 5 by placing the
Chairman and Members of the Occupational Safety and Health Review
Commission in the Executive Schedule Pay system.
12(e): The reference to section 5362 of Title 5 in section 12(e) of the
Act was changed to section 5372, by Pub. L. 95-454 (Oct. 13, 1978), which
redesignated section 5361 to 5365 of Title 5 as sections 5371 to 5375.
17(h): Included Department of Labor employees within the provisions of
18 U.S.C. §§ 1111 and 1114, which provide guidelines for prosecuting
persons who have killed or attempted to kill an officer or employees of
the United States or any agency engaged in or on account of the
performance of official duties. This section has since been amended and
does not specifically reference Department of Labor employees, as the
language in 17(h) suggests.
19(c): Amended 5 U.S.C. § 7902(c)(1) to add "labor organizations
representing employees" to the group of persons authorized to serve on the
Secretary of Labor's Advisory Committee as established under 941(b)(1) of
title 33.
22(e)(8): "Section 3648 of the Revised Statutes, as amended (31 U.S.C.
529)" was recodified to read "section 3324(a) and (b) of Title 31" on
authority of Pub. L. 97-258 (Sept. 13, 1982).
28: Economic Assistance to Small Business. As noted above, section
28(d) of the OSH Act was amended by section 2 of Pub. L. 93-237 (Jan. 2,
1974).
Section 2(b)(1) of Pub. L. 93-237 repealed section 7(b)(6) of the Small
Business Act [15 U.S.C. § 636], which had been added by section 28 of the
OSH Act in 1970. Although it repealed the 7(b)(6) language, Pub. L. 93-237
created a similar provision in 7(b)(5) of the Small Business Act. This
provision eliminated the specific reference in 7(b)(6) to the OSH Act, but
replaced it with "any Federal law." Section 2(b)(2) of the Public Law
consequently amended section 28(d) of the OSH Act by striking out
"7(b)(6)" and inserting in lieu thereof "7(b)(5)." Section 7(b)(5) of the
Small Business Act was later repealed by section 1913(a) of Pub. L. 97-35
(1981).
Sections 29-30. Additional Assistant Secretary of Labor; Additional
Positions. Sections 29 and 30, which created an Assistant Secretary
position in Occupational Safety and Health along with several subordinate
positions, are included here for instant reference, but do not necessarily
reflect the current federal personnel system or present-day agency
staffing. The version of 29 U.S.C. § 553 current as of July 22, 1999, for
example, refers to "nine" Assistant Secretaries, not the "five" suggested
in section 29. References to "GS-16, 17, and 18," in Section 30 are
similarly obsolete: Pub. L. 101-509 (1990) substituted the reference in 5
U.S.C. § 5108(c) to "positions at GS-16, 17, and 18" with "positions above
GS-15."
Omitted Text.
Section 27. National Commission on State Workmen's Compensation Laws.
Only subsection (a) of section 27, which lists Congressional findings on
workers' compensation, is included in this reprinting of the Act. Omitted
subsections (b)-(j) outline the membership of the Commission and the
procedural requirements to be followed. Subsection (d)(2) directs the
Commission to transmit a final report to Congress and the President by
July 31, 1972. Subsection (j) states that the Commission will cease to
exist ninety days after the submission of this final report.
Section 31. Emergency Locator Beacons. The Emergency
Locator Beacon provision of the OSH Act [49 U.S.C. § 1421] is not included
in this reprinting. As noted above, this section was repealed by Pub L.
103-272 (July 5, 1994): "An Act to revise, codify, and enact without
substantive change certain general and permanent laws, related to
transportation...and to make other technical improvements in the Code."
The same law that repealed section 31 of the OSH Act enacted a modified
version of the provision, titled "Emergency Locator Transmitters," which
is codified at 49 U.S.C. § 44712. |
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