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U.S. Code as of:
01/19/04
Section 657. Inspections, investigations, and recordkeeping
(a) Authority of Secretary to enter, inspect, and investigate
places of employment; time and manner
In order to carry out the purposes of this chapter, the
Secretary, upon presenting appropriate credentials to the owner,
operator, or agent in charge, is authorized -
(1) to enter without delay and at reasonable times any factory,
plant, establishment, construction site, or other area, workplace
or environment where work is performed by an employee of an
employer; and
(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.
(b) Attendance and testimony of witnesses and production of
evidence; enforcement of subpoena
In making his inspections and investigations under this chapter
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) 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
(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
chapter 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 chapter 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
chapter, including the provisions of applicable standards.
(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.
(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 655 of this title. 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 655 of this title,
and shall inform any employee who is being thus exposed of the
corrective action being taken.
(d) Obtaining of information
Any information obtained by the Secretary, the Secretary of
Health and Human Services, or a State agency under this chapter
shall be obtained with a minimum burden upon employers, especially
those operating small businesses. Unnecessary duplication of
efforts in obtaining information shall be reduced to the maximum
extent feasible.
(e) 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
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) of this section 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) 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
(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 chapter 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) Compilation, analysis, and publication of reports and
information; rules and regulations
(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.
(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 chapter,
including rules and regulations dealing with the inspection of an
employer's establishment.
(h) Use of results of enforcement activities
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 chapter or to impose quotas or goals with
regard to the results of such activities.
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