Laws: Cases and Codes : U.S. Code : Title 29
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U.S. Code as of:
01/19/04
Chapter 15 - Notes
Sec.
651. Congressional statement of findings and declaration of
purpose and policy.
652. Definitions.
653. Geographic applicability; judicial enforcement;
applicability to existing standards; report to
Congress on duplication and coordination of Federal
laws; workmen's compensation law or common law or
statutory rights, duties, or liabilities of employers
and employees unaffected.
654. Duties of employers and employees.
655. Standards.
(a) Promulgation by Secretary of national consensus
standards and established Federal standards;
time for promulgation; conflicting standards.
(b) Procedure for promulgation, modification, or
revocation of standards.
(c) Emergency temporary standards.
(d) Variances from standards; procedure.
(e) Statement of reasons for Secretary's
determinations; publication in Federal
Register.
(f) Judicial review.
(g) Priority for establishment of standards.
656. Administration.
(a) National Advisory Committee on Occupational
Safety and Health; establishment; membership;
appointment; Chairman; functions; meetings;
compensation; secretarial and clerical
personnel.
(b) Advisory committees; appointment; duties;
membership; compensation; reimbursement to
member's employer; meetings; availability of
records; conflict of interest.
(c) Use of services, facilities, and personnel of
Federal, State, and local agencies;
reimbursement; employment of experts and
consultants or organizations; renewal of
contracts; compensation; travel expenses.
657. Inspections, investigations, and recordkeeping.
(a) Authority of Secretary to enter, inspect, and
investigate places of employment; time and
manner.
(b) Attendance and testimony of witnesses and
production of evidence; enforcement of
subpoena.
(c) Maintenance, preservation, and availability of
records; issuance of regulations; scope of
records; periodic inspections by employer;
posting of notices by employer; notification
of employee of corrective action.
(d) Obtaining of information.
(e) Employer and authorized employee
representatives to accompany Secretary or his
authorized representative on inspection of
workplace; consultation with employees where
no authorized employee representative is
present.
(f) Request for inspection by employees or
representative of employees; grounds;
procedure; determination of request;
notification of Secretary or representative
prior to or during any inspection of
violations; procedure for review of refusal by
representative of Secretary to issue citation
for alleged violations.
(g) Compilation, analysis, and publication of
reports and information; rules and
regulations.
(h) Use of results of enforcement activities.
658. Citations.
(a) Authority to issue; grounds; contents; notice
in lieu of citation for de minimis violations.
(b) Posting.
(c) Time for issuance.
659. Enforcement procedures.
(a) Notification of employer of proposed assessment
of penalty subsequent to issuance of citation;
time for notification of Secretary by employer
of contest by employer of citation or proposed
assessment; citation and proposed assessment
as final order upon failure of employer to
notify of contest and failure of employees to
file notice.
(b) Notification of employer of failure to correct
in allotted time period violation for which
citation was issued and proposed assessment of
penalty for failure to correct; time for
notification of Secretary by employer of
contest by employer of notification of failure
to correct or proposed assessment;
notification or proposed assessment as final
order upon failure of employer to notify of
contest.
(c) Advisement of Commission by Secretary of
notification of contest by employer of
citation or notification or of filing of
notice by any employee or representative of
employees; hearing by Commission; orders of
Commission and Secretary; rules of procedure.
660. Judicial review.
(a) Filing of petition by persons adversely
affected or aggrieved; orders subject to
review; jurisdiction; venue; procedure;
conclusiveness of record and findings of
Commission; appropriate relief; finality of
judgment.
(b) Filing of petition by Secretary; orders subject
to review; jurisdiction; venue; procedure;
conclusiveness of record and findings of
Commission; enforcement of orders; contempt
proceedings.
(c) Discharge or discrimination against employee
for exercise of rights under this chapter;
prohibition; procedure for relief.
661. Occupational Safety and Health Review Commission.
(a) Establishment; membership; appointment;
Chairman.
(b) Terms of office; removal by President.
(c) Omitted.
(d) Principal office; hearings or other proceedings
at other places.
(e) Functions and duties of Chairman; appointment
and compensation of administrative law judges
and other employees.
(f) Quorum; official action.
(g) Hearings and records open to public;
promulgation of rules; applicability of
Federal Rules of Civil Procedure.
(h) Depositions and production of documentary
evidence; fees.
(i) Investigatory powers.
(j) Administrative law judges; determinations;
report as final order of Commission.
(k) Appointment and compensation of administrative
law judges.
662. Injunction proceedings.
(a) Petition by Secretary to restrain imminent
dangers; scope of order.
(b) Appropriate injunctive relief or temporary
restraining order pending outcome of
enforcement proceeding; applicability of Rule
65 of Federal Rules of Civil Procedure.
(c) Notification of affected employees and
employers by inspector of danger and of
recommendation to Secretary to seek relief.
(d) Failure of Secretary to seek relief; writ of
mandamus.
663. Representation in civil litigation.
664. Disclosure of trade secrets; protective orders.
665. Variations, tolerances, and exemptions from required
provisions; procedure; duration.
666. Civil and criminal penalties.
(a) Willful or repeated violation.
(b) Citation for serious violation.
(c) Citation for violation determined not serious.
(d) Failure to correct violation.
(e) Willful violation causing death to employee.
(f) Giving advance notice of inspection.
(g) False statements, representations or
certification.
(h) Omitted.
(i) Violation of posting requirements.
(j) Authority of Commission to assess civil
penalties.
(k) Determination of serious violation.
(l) Procedure for payment of civil penalties.
667. State jurisdiction and plans.
(a) Assertion of State standards in absence of
applicable Federal standards.
(b) Submission of State plan for development and
enforcement of State standards to preempt
applicable Federal standards.
(c) Conditions for approval of plan.
(d) Rejection of plan; notice and opportunity for
hearing.
(e) Discretion of Secretary to exercise authority
over comparable standards subsequent to
approval of State plan; duration; retention of
jurisdiction by Secretary upon determination
of enforcement of plan by State.
(f) Continuing evaluation by Secretary of State
enforcement of approved plan; withdrawal of
approval of plan by Secretary; grounds;
procedure; conditions for retention of
jurisdiction by State.
(g) Judicial review of Secretary's withdrawal of
approval or rejection of plan; jurisdiction;
venue; procedure; appropriate relief; finality
of judgment.
(h) Temporary enforcement of State standards.
668. Programs of Federal agencies.
(a) Establishment, development, and maintenance by
head of each Federal agency.
(b) Report by Secretary to President.
(c) Omitted.
(d) Access by Secretary to records and reports
required of agencies.
669. Research and related activities.
(a) Authority of Secretary of Health and Human
Services to conduct research, experiments, and
demonstrations, develop plans, establish
criteria, promulgate regulations, authorize
programs, and publish results and industrywide
studies; consultations.
(b) Authority of Secretary of Health and Human
Services to make inspections and question
employers and employees.
(c) Contracting authority of Secretary of Labor;
cooperation between Secretary of Labor and
Secretary of Health and Human Services.
(d) Dissemination of information to interested
parties.
(e) Delegation of functions of Secretary of Health
and Human Services to Director of the National
Institute for Occupational Safety and Health.
669a. Expanded research on worker health and safety.
670. Training and employee education.
(a) Authority of Secretary of Health and Human
Services to conduct education and
informational programs; consultations.
(b) Authority of Secretary of Labor to conduct
short-term training of personnel.
(c) Authority of Secretary of Labor to establish
and supervise education and training programs
and consult and advise interested parties.
(d) Compliance assistance program.
671. National Institute for Occupational Safety and Health.
(a) Statement of purpose.
(b) Establishment; Director; appointment; term.
(c) Development and establishment of standards;
performance of functions of Secretary of
Health and Human Services.
(d) Authority of Director.
(e) Additional authority of Director.
(f) Annual reports.
(g) Lead-based paint activities.
671a. Workers' family protection.
(a) Short title.
(b) Findings and purpose.
(c) Evaluation of employee transported contaminant
releases.
(d) Regulations.
(e) Authorization of appropriations.
672. Grants to States.
(a) Designation of State agency to assist State in
identifying State needs and responsibilities
and in developing State plans.
(b) Experimental and demonstration projects.
(c) Designation by Governor of appropriate State
agency for receipt of grant.
(d) Submission of application.
(e) Approval or rejection of application.
(f) Federal share.
(g) Administration and enforcement of programs
contained in approved State plans; Federal
share.
(h) Report to President and Congress.
673. Statistics.
(a) Development and maintenance of program of
collection, compilation, and analysis;
employments subject to coverage; scope.
(b) Authority of Secretary to promote, encourage,
or engage in programs, make grants, and grant
or contract for research and investigations.
(c) Federal share for grants.
(d) Utilization by Secretary of State or local
services, facilities, and employees; consent;
reimbursement.
(e) Reports by employers.
(f) Supersedure of agreements between Department of
Labor and States for collection of statistics.
674. Audit of grant recipient; maintenance of records;
contents of records; access to books, etc.
675. Annual reports by Secretary of Labor and Secretary of
Health and Human Services; contents.
676. Omitted.
677. Separability.
678. Authorization of appropriations.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 671a of this title; title
2 sections 1302, 1341, 1371, 1434; title 3 sections 402, 425; title
15 sections 2080, 2603; title 25 section 450m; title 30 section
951; title 31 section 1105; title 39 sections 404, 415, 3622; title
42 sections 280b-1, 300ee-2, 2297h-13, 4853a, 6971, 7412, 11021,
11022.
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