|
U.S. Code as of:
01/19/04
Section 670. Training and employee education
(a) Authority of Secretary of Health and Human Services to conduct
education and informational programs; consultations
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 chapter, and (2)
informational programs on the importance of and proper use of
adequate safety and health equipment.
(b) Authority of Secretary of Labor to conduct short-term training
of personnel
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 chapter.
(c) Authority of Secretary of Labor to establish and supervise
education and training programs and consult and advise interested
parties
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 chapter, 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) Compliance assistance program
(1) The Secretary shall establish and support cooperative
agreements with the States under which employers subject to this
chapter may consult with State personnel with respect to -
(A) the application of occupational safety and health
requirements under this chapter or under State plans approved
under section 667 of this title; and
(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 by
employees.
(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 chapter 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 657(f) of this title 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
consultative visit.
(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.
|
|