Public Law 91-596, 91st Congress, S.2193, December 29,1970.
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.
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 at the “Occupational Safety and
Health Act of 1970.”
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.
2. Congressional Findings and Purpose
(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. 29 USC 651.
(b) The Congress declares it to be its purpose and policy,
through the exercise of its powers to regulate commerce among
the several States and with foreign nations and to provide
for the general welfare, to assure so far as possible every
working man and woman in the Nation safe and healthful working
conditions and to preserve our human resources --
(1) by encouraging employers and employees in their efforts
to reduce the number of occupational safety and health hazards
at their places of employment, and to stimulate employers
and employees to institute new and to perfect existing programs
for providing safe and healthful working conditions;
(2) by providing that employers and employees have separate
but dependent responsibilities and rights with respect to
achieving safe and healthful working conditions;
(3) by authorizing the Secretary of Labor to set mandatory
occupational safety and health standards applicable to businesses
affecting interstate commerce, and by creating an Occupational
Safety and Health Review Commission for carrying out adjudicatory
functions under the Act;
(4) by building upon advances already made through employer
and employee initiative for providing safe and healthful working
(5) by providing for research in the field of occupational
safety and health, including the psychological factors involved,
and by developing innovative methods, techniques, and approaches
for dealing with occupational safety and health problems;
(6) by exploring ways to discover latent diseases, establishing
causal connections between diseases and work in environmental
conditions, and conducting other research relating to health
problems, in recognition of the fact that occupational health
standards present problems often different from those involved
in occupational safety;
(7) by providing medical criteria which will assure insofar
as practicable that no employee will suffer diminished health,
functional capacity, or life expectancy as a result of his
(8) by providing for training programs to increase the number
and competence of personnel engaged in the field of occupational
safety and health;
(9) by providing for the development and promulgation of occupational
safety and health standards; 84 STAT. 1591
(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
(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;
(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
(13) by encouraging joint labor-management efforts to reduce
injuries and disease arising out of employment.
For the purposes of this Act -- 29 USC 652.
(1) The term "Secretary" means the Secretary of
(2) The term "Commission" means the Occupational
Safety and Health Review Commission established under this
(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. For Trust Territory coverage, including the Northern
Mariana Islands, see Historical and Statutory Notes, infra.
(4) The term "person" means one or more individuals,
partnerships, associations, corporations, business trusts,
legal representatives, or any organized group of persons.
(5) The term "employer" means a person engaged in
a business affecting commerce who has employees, but does
not include the United States (not including the United States
Postal Service) or any State or political subdivision of a
(6) The term "employee" means an employee of an
employer who is employed in a business of his employer which
(7) The term "State" includes a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Trust Territory of
the Pacific Islands.
(8) The term "occupational safety and health standard"
means a standard which requires conditions, or the adoption
or use of one or more practices, means, methods, operations,
or processes, reasonably necessary or appropriate to provide
safe or healthful employment and places of employment.
(9) The term "national consensus standard" means
any occupational safety and health standard or modification
thereof which (1), 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.
84 STAT. 1592
(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.
December 29, 1970
(11) The term "Committee" means the National Advisory
Committee on Occupational Safety and Health established under
(12) The term "Director" means the Director of the
National Institute for Occupational Safety and Health.
(13) The term "Institute" means the National Institute
for Occupational Safety and Health established under this
(14) The term "Workmen's Compensation Commission"
means the National Commission on State Workmen's Compensation
Laws established under this Act.
4. Applicability of This Act
(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. 29 USC 653.
For Canal Zone and Trust Territory coverage, including the
Northern Mariana Islands, see Historical and Statutory Notes,
67 Stat. 462.
43 USC 1311 note.
(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.
73 Stat. 688.
(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.
49 Stat. 2036
79 Stat. 1034.
83 Stat. 96.
79 Stat. 845;
Ante, p. 443.
(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. Report
(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. 84 STAT. 1593
(a) Each employer -- 29 USC 654.
(1) shall furnish to each of his employees employment and
a place of employment which are free from recognized hazards
that are causing or are likely to cause death or serious physical
harm to his employees;
(2) shall comply with occupational safety and health standards
promulgated under this Act.
(b) Each employee shall comply with occupational safety and
health standards and all rules, regulations, and orders issued
pursuant to this Act which are applicable to his own actions
6. Occupational Safety and Health Standards
(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.
29 USC 655.
80 Stat. 381;
81 Stat. 195.
5 USC 500.
(b) The Secretary may by rule promulgate, modify, or revoke
any occupational safety or health standard in the following
(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.
Advisory committee, recommendations
(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. 84 STAT. 1594
Publication in Federal Register.
(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. Hearing Notice.
Publication in Federal Register.
(4) Within sixty days after the expiration of the period provided
for the submission of written data or comments under paragraph
(2), or within sixty days after the completion of any hearing
held under paragraph (3), the Secretary shall issue a rule
promulgating, modifying, or revoking an occupational safety
or health standard or make a determination that a rule should
not be issued. Such a rule may contain a provision delaying
its effective date for such period (not in excess of ninety
days) as the Secretary determines may be necessary to insure
that affected employers and employees will be informed of
the existence of the standard and of its terms and that employers
affected are given an opportunity to familiarize themselves
and their employees with the existence of the requirements
of the standard.
(5) The Secretary, in promulgating standards dealing with
toxic materials or harmful physical agents under this subsection,
shall set the standard which most adequately assures, to the
extent feasible, on the basis of the best available evidence,
that no employee will suffer material impairment of health
or functional capacity even if such employee has regular exposure
to the hazard dealt with by such standard for the period of
his working life. Development of standards under this subsection
shall be based upon research, demonstrations, experiments,
and such other information as may be appropriate. In addition
to the attainment of the highest degree of health and safety
protection for the employee, other considerations shall be
the latest available scientific data in the field, the feasibility
of the standards, and experience gained under this and other
health and safety laws. Whenever practicable, the standard
promulgated shall be expressed in terms of objective criteria
and of the performance desired. Toxic Materials.
(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. Temporary variance order.
84 STAT. 1595
(B) An application for temporary order under this paragraph
(6) shall contain:
(i) a specification of the standard or portion thereof from
which the employer seeks a variance,
(ii) a representation by the employer, supported by representations
from qualified persons having firsthand knowledge of the facts
represented, that he is unable to comply with the standard
or portion thereof and a detailed statement of the reasons
(iii) a statement of the steps he has taken and will take
(with specific dates) to protect employees against the hazard
covered by the standard,
(iv) a statement of when he expects to be able to comply with
the standard and what steps he has taken and what steps he
will take (with dates specified) to come into compliance with
the standard, and
(v) a certification that he has informed his employees of
the application by giving a copy thereof to their authorized
representative, posting a statement giving a summary of the
application and specifying where a copy may be examined at
the place or places where notices to employees are normally
posted, and by other appropriate means.
A description of how employees have been informed shall be
contained in the certification. The information to employees
shall also inform them of their right to petition the Secretary
for a hearing.
(C) The Secretary is authorized to grant a variance from any
standard or portion thereof whenever he determines, or the
Secretary of Health and Human Services certifies, that such
variance is necessary to permit an employer to participate
in an experiment approved by him or the Secretary of Health
and Human Services designed to demonstrate or validate new
and improved techniques to safeguard the health or safety
(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. Labels, etc.
Protective equipment, etc.
84 STAT. 1596
80 Stat. 383.
(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. Publication in Federal Register.
(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. Temporary
Publication in Federal Register.
80 Stat. 381;
81 Stat. 195.
5 USC 500.
(2) Such standard shall be effective until superseded by a
standard promulgated in accordance with the procedures prescribed
in paragraph (3) of this subsection. Time limitation.
(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.
(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. Variance rule.
84 STAT. 1597
(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. Publication in Federal Register.
(f) Any person who may be adversely affected by a standard
issued under this section may at any time prior to the sixtieth
day after such standard is promulgated file a petition challenging
the validity of such standard with the United States court
of appeals for the circuit wherein such person resides or
has his principal place of business, for a judicial review
of such standard. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary. The
filing of such petition shall not, unless otherwise ordered
by the court, operate as a stay of the standard. The determinations
of the Secretary shall be conclusive if supported by substantial
evidence in the record considered as a whole. Petition for
(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
7. Advisory Committees; Administration
(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. 29 USC 656.
80 Stat. 378
5 USC 101.
(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.
(3) The members of the Committee shall be compensated in accordance
with the provisions of section 3109 of title 5, United States
Code. 60 Stat. 416.
(4) The Secretary shall furnish to the Committee an executive
secretary and such secretarial, clerical, and other services
as are deemed necessary to the conduct of its business.
(b) 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
84 STAT. 1598
80 Stat. 416.
(c) In carrying out his responsibilities under this Act, the
Secretary is authorized to --
(1) use, with the consent of any Federal agency, the services,
facilities, and personnel of such agency, with or without
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
(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.
Ante, p. 198-1.
80 Stat. 499;
83 Stat. 190.
8. Inspections, Investigations, and Recordkeeping
(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 -- 29 USC 657.
(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
(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.
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.
(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. 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.
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.
(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.
(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.
(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.
(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. 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. 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.
(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.
(c) No citation may be issued under this section after the
expiration of six months following the occurrence of any violation.
10. Procedure for Enforcement
(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
(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.
84 STAT. 1602
80 Stat. 384.
11. Judicial Review
(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.
(c)(1) No person shall discharge or in any manner discriminate
against any employee because such employee has filed any complaint
or instituted or caused to be instituted any proceeding under
or related to this Act or has testified or is about to testify
in any such proceeding or because of the exercise by such
employee on behalf of himself or others of any right afforded
by this Act.
(2) Any employee who believes that he has been discharged
or otherwise discriminated against by any person in violation
of this subsection may, within thirty days after such violation
occurs, file a complaint with the Secretary alleging such
discrimination. Upon receipt of such complaint, the Secretary
shall cause such investigation to be made as he deems appropriate.
If upon such investigation, the Secretary determines that
the provisions of this subsection have been violated, he shall
bring an action in any appropriate United States district
court against such person. In any such action the United States
district courts shall have jurisdiction, for cause shown to
restrain violations of paragraph (1) of this subsection and
order all appropriate relief including rehiring or reinstatement
of the employee to his former position with back pay.
(3) Within 90 days of the receipt of a complaint filed under
this subsection the Secretary shall notify the complainant
of his determination under paragraph 2 of this subsection.
12. The Occupational Safety and Health Review Commission
(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.
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
(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
(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,
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. 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.
(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.
(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.
13. Procedures to Counteract Imminent Dangers
(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.
(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
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.
15. Confidentiality of Trade Secrets
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.
16. Variations, Tolerances, and Exemptions
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.
(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
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
(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
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.
18. State Jurisdiction and State Plans
(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.
(c) The Secretary shall approve the plan submitted by a State
under subsection (b), or any modification thereof, if such
plan in his judgement --
(1) designates a State agency or agencies as the agency or
agencies responsible for administering the plan throughout
(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
(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,
(4) contains satisfactory assurances that such agency or agencies
have or will have the legal authority and qualified personnel
necessary for the enforcement of such standards,
(5) gives satisfactory assurances that such State will devote
adequate funds to the administration and enforcement of such
(6) contains satisfactory assurances that such State will,
to the extent permitted by its law, establish and maintain
an effective and comprehensive occupational safety and health
program applicable to all employees of public agencies of
the State and its political subdivisions, which program is
as effective as the standards contained in an approved plan,
(7) requires employers in the State to make reports to the
Secretary in the same manner and to the same extent as if
the plan were not in effect, and
(8) provides that the State agency will make such reports
to the Secretary in such form and containing such information,
as the Secretary shall from time to time require.
(d) 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. 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
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,
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
19. Federal Agency Safety Programs and Responsibilities
(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;
(2) acquire, maintain, and require the use of safety equipment,
personal protective equipment, and devices reasonably necessary
to protect employees;
(3) keep adequate records of all occupational accidents and
illnesses for proper evaluation and necessary corrective action;
84 STAT. 1610 Recordkeeping.
(4) consult with the Secretary with regard to the adequacy
as to form and content of records kept pursuant to subsection
(a)(3) of this section; and
(5) make an annual report to the Secretary with respect to
occupational accidents and injuries and the agency's program
under this section. Such report shall include any report submitted
under section 7902(e)(2) of title 5, United States Code. Annual
(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.
20. Research and Related Activities
(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.
(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
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.
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
(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
21. Training and Employee Education
(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
(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.
(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
(A) the application of occupational safety and health requirements
under this Act or under State plans approved under section
(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
(3) Activities under this subsection shall be conducted independently
of any enforcement activity. If an employer fails to take
immediate action to eliminate employee exposure to an imminent
danger identified in a consultation or fails to correct a
serious hazard so identified within a reasonable time, a report
shall be made to the appropriate enforcement authority for
such action as is appropriate.
(4) The Secretary shall, by regulation after notice and opportunity
for comment, establish rules under which an employer --
(A) which requests and undergoes an on-site consultative visit
provided under this subsection;
(B) which corrects the hazards that have been identified during
the visit within the time frames established by the State
and agrees to request a subsequent consultative visit if major
changes in working conditions or work processes occur which
introduce new hazards in the workplace; and
(C) which is implementing procedures for regularly identifying
and preventing hazards regulated under this 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
(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.
22. National Institute for Occupational Safety and Health
(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.
(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,
(c) The Institute is authorized to --
(1) develop and establish recommended occupational safety
and health standards; and
(2) perform all functions of the Secretary of Health and Human
Services under sections 20 and 21 of this Act.
(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
(e) In addition to any authority vested in the Institute by
other provisions of this section, the Director, in carrying
out the functions of the Institute, is authorized to --
(1) prescribe such regulations as he deems necessary governing
the manner in which its functions shall be carried out;
(2) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than that
it be used for the purposes of the Institute and to use, sell,
or otherwise dispose of such property for the purpose of carrying
out its functions;
(3) receive (and use, sell, or otherwise dispose of, in accordance
with paragraph (2)), money and other property donated, bequeathed,
or devised to the Institute with a condition or restriction,
including a condition that the Institute use other funds of
the Institute for the purposes of the gift;
(4) in accordance with the civil service laws, appoint and
fix the compensation of such personnel as may be necessary
to carry out the provisions of this section;
(5) obtain the services of experts and consultants in accordance
with the provisions of section 3109 of title 5, United States
80 Stat. 416.
(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
83 Stat. 190.
(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
(8) make advance, progress, and other payments which the Director
deems necessary under this title without regard to the provisions
of section 3324 (a) and (b) of Title 31; and
(9) make other necessary expenditures.
(f) 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.
(g) LEAD-BASED PAINT ACTIVITIES.
(1) Training Grant Program. --
(A) The Institute, in conjunction with the Administrator of
the Environmental Protection Agency, may make grants for the
training and education of workers and supervisors who are
or may be directly engaged in lead-based paint activities.
(B) Grants referred to in subparagraph (A) shall be awarded
to nonprofit organizations (including colleges and universities,
joint labor-management trust funds, States, and nonprofit
government employee organizations) --
(i) which are engaged in the training and education of workers
and supervisors who are or who may be directly engaged in
lead-based paint activities (as defined in Title IV of the
Toxic Substances Control Act), 15 USC 2681 et. seq.
(ii)which have demonstrated experience in implementing and
operating health and safety training and education programs,
(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
Grants under this subsection shall be awarded only to those
organizations that fund at least 30 percent of their lead-based
paint activities training programs from non-Federal sources,
excluding in-kind contributions. Grants may also be made to
local governments to carry out such training and education
for their employees.
(C) There are authorized to be appropriated, a minimum, $10,000,000
to the Institute for each of the fiscal years 1994 through
1997 to make grants under this paragraph.
(2) Evaluation of Programs. -- The Institute shall conduct
periodic and comprehensive assessments of the efficacy of
the worker and supervisor training programs developed and
offered by those receiving grants under this section. The
Director shall prepare reports on the results of these assessments
addressed to the Administrator of the Environmental Protection
Agency to include recommendations as may be appropriate for
the revision of these programs. The sum of $500,000 is authorized
to be appropriated to the Institute for each of the fiscal
years 1994 through 1997 to carry out this paragraph.
23. Grants to the States
(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,
(2) in developing State plans under section 18, or
(3) in developing plans for -- 84 STAT. 1614
(A) establishing systems for the collection of information
concerning the nature and frequency of occupational injuries
(B) increasing the expertise and enforcement capabilities
of their personnel engaged in occupational safety and health
(C) otherwise improving the administration and enforcement
of State occupational safety and health laws, including standards
thereunder, consistent with the objectives of this Act.
(b) The Secretary is authorized, during the fiscal year ending
June 30, 1971, and the two succeeding fiscal years, to make
grants to the States for experimental and demonstration projects
consistent with the objectives set forth in subsection (a)
of this section.
(c) The Governor of the State shall designate the appropriate
State agency for receipt of any grant made by the Secretary
under this section.
(d) Any State agency designated by the Governor of the State
desiring a grant under this section shall submit an application
therefor to the Secretary.
(e) The Secretary shall review the application, and shall,
after consultation with the Secretary of Health and Human
Services, approve or reject such application.
(f) The Federal share for each State grant under subsection
(a) or (b) of this section may not exceed 90 per centum of
the total cost of the application. In the event the Federal
share for all States under either such subsection is not the
same, the differences among the States shall be established
on the basis of objective criteria.
(g) The Secretary is authorized to make grants to the States
to assist them in administering and enforcing programs for
occupational safety and health contained in State plans approved
by the Secretary pursuant to section 18 of this Act. The Federal
share for each State grant under this subsection may not exceed
50 per centum of the total cost to the State of such a program.
The last sentence of subsection (f) shall be applicable in
determining the Federal share under this subsection.
(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.
(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. 29 USC 673.
(b) To carry out his duties under subsection (a) of this section,
the Secretary may -- 84 STAT. 1615
(1) promote, encourage, or directly engage in programs of
studies, information and communication concerning occupational
safety and health statistics;
(2) make grants to States or political subdivisions thereof
in order to assist them in developing and administering programs
dealing with occupational safety and health statistics; and
(3) arrange, through grants or contracts, for the conduct
of such research and investigations as give promise of furthering
the objectives of this section.
(c) The Federal share for each grant under subsection (b)
of this section may be up to 50 per centum of the State's
(d) The Secretary may, with the consent of any State or political
subdivision thereof, accept and use the services, facilities,
and employees of the agencies of such State or political subdivision,
with or without reimbursement, in order to assist him in carrying
out his functions under this section.
(e) On the basis of the records made and kept pursuant to
section 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. Reports.
(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.
(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. 29 USC 674.
(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.
26. Annual Report
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. 29 USC 675.
84 STAT. 1616
27. National Commission on State Workmen's Compensation Laws
(a)(1) The Congress hereby finds and declares that -- 29 USC
(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
(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.
(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.
28. Economic Assistance to Small Businesses
(a) Section 7(b) of the Small Business Act, as amended, is
amended -- 72 Stat. 387;
83 Stat. 802.
(1) by striking out the period at the end of "paragraph
(5)" and inserting in lieu thereof "; and";
and; 15 USC 636.
(2) by adding after paragraph (5) a new paragraph as follows:
"(6) to make such loans (either directly or in cooperation
with banks or other lending institutions through agreements
to participate on an immediate or deferred basis) as the Administration
may determine to be necessary or appropriate to assist any
small business concern in effecting additions to or alterations
in the equipment, 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."
(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)".
(c) Section 4(c)(1) of the Small Business Act, as amended,
is amended by inserting "7(b)(6)," after "7(b)(5),".
80 Stat. 132.
15 USC 633.
(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.
79 Stat. 556.
42 USC 3142.
29. Additional Assistant Secretary of Labor
(a) Section 2 of the Act of April 17, 1946 (60 Stat. 91) as
amended (29 U.S.C. 553) is amended by --
75 Stat. 338.
(1) striking out "four" in the first sentence of
such section and inserting in lieu thereof "five";
and 84 STAT. 1619
(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)".
80 Stat. 462.
30. Additional Positions
Section 5108(c) of title 5, United States Code, is amended
by -- 5 USC 5108(c).
(1) striking out the word "and" at the end of paragraph
(2) striking out the period at the end of paragraph (9) and
inserting in lieu thereof a semicolon and the word "and";
(3) by adding immediately after paragraph (9) the following
(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;
(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."
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. 29 USC 677.
There are authorized to be appropriated to carry out this
Act for each fiscal year such sums as the Congress shall deem
necessary. 84 STAT. 1620
29 USC 678.
34. Effective Date
This Act shall take effect one hundred and twenty days after
the date of its enactment.
Approved December 29, 1970.
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
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
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
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
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
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
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
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).
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
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."
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.