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U.S. Code as of:
01/19/04
Section 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
(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.
(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 chapter;
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
chapter.
(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 chapter. 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.
(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 chapter 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.
(6) The Secretary of Health and Human Services shall publish
within six months of December 29, 1970, 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 655 of this title, the Secretary
of Health and Human Services shall immediately submit such
determination to the Secretary, together with all pertinent
criteria.
(7) Within two years of December 29, 1970, and annually
thereafter the Secretary of Health and Human Services shall conduct
and publish industrywide 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.
(b) Authority of Secretary of Health and Human Services to make
inspections and question employers and employees
The Secretary of Health and Human Services is authorized to make
inspections and question employers and employees as provided in
section 657 of this title in order to carry out his functions and
responsibilities under this section.
(c) Contracting authority of Secretary of Labor; cooperation
between Secretary of Labor and Secretary of Health and Human
Services
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 chapter. 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.
(d) Dissemination of information to interested parties
Information obtained by the Secretary and the Secretary of Health
and Human Services under this section shall be disseminated by the
Secretary to employers and employees and organizations thereof.
(e) Delegation of functions of Secretary of Health and Human
Services to Director of the National Institute for Occupational
Safety and Health
The functions of the Secretary of Health and Human Services under
this chapter shall, to the extent feasible, be delegated to the
Director of the National Institute for Occupational Safety and
Health established by section 671 of this title.
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