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U.S. Code as of:
01/19/04
Section 2623. Employment effects
(a) In general
The Administrator shall evaluate on a continuing basis the
potential effects on employment (including reductions in employment
or loss of employment from threatened plant closures) of -
(1) the issuance of a rule or order under section 2603, 2604,
or 2605 of this title, or
(2) a requirement of section 2604 or 2605 of this title.
(b) Investigations
(1) Any employee (or any representative of an employee) may
request the Administrator to make an investigation of -
(A) a discharge or layoff or threatened discharge or layoff of
the employee, or
(B) adverse or threatened adverse effects on the employee's
employment,
allegedly resulting from a rule or order under section 2603, 2604,
or 2605 of this title or a requirement of section 2604 or 2605 of
this title. Any such request shall be made in writing, shall set
forth with reasonable particularity the grounds for the request,
and shall be signed by the employee, or representative of such
employee, making the request.
(2)(A) Upon receipt of a request made in accordance with
paragraph (1) the Administrator shall (i) conduct the investigation
requested, and (ii) if requested by any interested person, hold
public hearings on any matter involved in the investigation unless
the Administrator, by order issued within 45 days of the date such
hearings are requested, denies the request for the hearings because
the Administrator determines there are no reasonable grounds for
holding such hearings. If the Administrator makes such a
determination, the Administrator shall notify in writing the person
requesting the hearing of the determination and the reasons
therefor and shall publish the determination and the reasons
therefor in the Federal Register.
(B) If public hearings are to be held on any matter involved in
an investigation conducted under this subsection -
(i) at least five days' notice shall be provided the person
making the request for the investigation and any person
identified in such request,
(ii) such hearings shall be held in accordance with section
2605(c)(3) of this title, and
(iii) each employee who made or for whom was made a request for
such hearings and the employer of such employee shall be required
to present information respecting the applicable matter referred
to in paragraph (1)(A) or (1)(B) together with the basis for such
information.
(3) Upon completion of an investigation under paragraph (2), the
Administrator shall make findings of fact, shall make such
recommendations as the Administrator deems appropriate, and shall
make available to the public such findings and recommendations.
(4) This section shall not be construed to require the
Administrator to amend or repeal any rule or order in effect under
this chapter.
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