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U.S. Code as of:
01/19/04
Section 671a. Workers' family protection
(a) Short title
This section may be cited as the "Workers' Family Protection
Act".
(b) Findings and purpose
(1) Findings
Congress finds that -
(A) hazardous chemicals and substances that can threaten the
health and safety of workers are being transported out of
industries on workers' clothing and persons;
(B) these chemicals and substances have the potential to pose
an additional threat to the health and welfare of workers and
their families;
(C) additional information is needed concerning issues
related to employee transported contaminant releases; and
(D) additional regulations may be needed to prevent future
releases of this type.
(2) Purpose
It is the purpose of this section to -
(A) increase understanding and awareness concerning the
extent and possible health impacts of the problems and
incidents described in paragraph (1);
(B) prevent or mitigate future incidents of home
contamination that could adversely affect the health and safety
of workers and their families;
(C) clarify regulatory authority for preventing and
responding to such incidents; and
(D) assist workers in redressing and responding to such
incidents when they occur.
(c) Evaluation of employee transported contaminant releases
(1) Study
(A) In general
Not later than 18 months after October 26, 1992, the Director
of the National Institute for Occupational Safety and Health
(hereafter in this section referred to as the "Director"), in
cooperation with the Secretary of Labor, the Administrator of
the Environmental Protection Agency, the Administrator of the
Agency for Toxic Substances and Disease Registry, and the heads
of other Federal Government agencies as determined to be
appropriate by the Director, shall conduct a study to evaluate
the potential for, the prevalence of, and the issues related to
the contamination of workers' homes with hazardous chemicals
and substances, including infectious agents, transported from
the workplaces of such workers.
(B) Matters to be evaluated
In conducting the study and evaluation under subparagraph
(A), the Director shall -
(i) conduct a review of past incidents of home
contamination through the utilization of literature and of
records concerning past investigations and enforcement
actions undertaken by -
(I) the National Institute for Occupational Safety and
Health;
(II) the Secretary of Labor to enforce the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);
(III) States to enforce occupational safety and health
standards in accordance with section 18 of such Act (29
U.S.C. 667); and
(IV) other government agencies (including the Department
of Energy and the Environmental Protection Agency), as the
Director may determine to be appropriate;
(ii) evaluate current statutory, regulatory, and voluntary
industrial hygiene or other measures used by small, medium
and large employers to prevent or remediate home
contamination;
(iii) compile a summary of the existing research and case
histories conducted on incidents of employee transported
contaminant releases, including -
(I) the effectiveness of workplace housekeeping practices
and personal protective equipment in preventing such
incidents;
(II) the health effects, if any, of the resulting
exposure on workers and their families;
(III) the effectiveness of normal house cleaning and
laundry procedures for removing hazardous materials and
agents from workers' homes and personal clothing;
(IV) indoor air quality, as the research concerning such
pertains to the fate of chemicals transported from a
workplace into the home environment; and
(V) methods for differentiating exposure health effects
and relative risks associated with specific agents from
other sources of exposure inside and outside the home;
(iv) identify the role of Federal and State agencies in
responding to incidents of home contamination;
(v) prepare and submit to the Task Force established under
paragraph (2) and to the appropriate committees of Congress,
a report concerning the results of the matters studied or
evaluated under clauses (i) through (iv); and
(vi) study home contamination incidents and issues and
worker and family protection policies and practices related
to the special circumstances of firefighters and prepare and
submit to the appropriate committees of Congress a report
concerning the findings with respect to such study.
(2) Development of investigative strategy
(A) Task Force
Not later than 12 months after October 26, 1992, the Director
shall establish a working group, to be known as the "Workers'
Family Protection Task Force". The Task Force shall -
(i) be composed of not more than 15 individuals to be
appointed by the Director from among individuals who are
representative of workers, industry, scientists, industrial
hygienists, the National Research Council, and government
agencies, except that not more than one such individual shall
be from each appropriate government agency and the number of
individuals appointed to represent industry and workers shall
be equal in number;
(ii) review the report submitted under paragraph (1)(B)(v);
(iii) determine, with respect to such report, the
additional data needs, if any, and the need for additional
evaluation of the scientific issues related to and the
feasibility of developing such additional data; and
(iv) if additional data are determined by the Task Force to
be needed, develop a recommended investigative strategy for
use in obtaining such information.
(B) Investigative strategy
(i) Content
The investigative strategy developed under subparagraph
(A)(iv) shall identify data gaps that can and cannot be
filled, assumptions and uncertainties associated with various
components of such strategy, a timetable for the
implementation of such strategy, and methodologies used to
gather any required data.
(ii) Peer review
The Director shall publish the proposed investigative
strategy under subparagraph (A)(iv) for public comment and
utilize other methods, including technical conferences or
seminars, for the purpose of obtaining comments concerning
the proposed strategy.
(iii) Final strategy
After the peer review and public comment is conducted under
clause (ii), the Director, in consultation with the heads of
other government agencies, shall propose a final strategy for
investigating issues related to home contamination that shall
be implemented by the National Institute for Occupational
Safety and Health and other Federal agencies for the period
of time necessary to enable such agencies to obtain the
information identified under subparagraph (A)(iii).
(C) Construction
Nothing in this section shall be construed as precluding any
government agency from investigating issues related to home
contamination using existing procedures until such time as a
final strategy is developed or from taking actions in addition
to those proposed in the strategy after its completion.
(3) Implementation of investigative strategy
Upon completion of the investigative strategy under
subparagraph (B)(iii), each Federal agency or department shall
fulfill the role assigned to it by the strategy.
(d) Regulations
(1) In general
Not later than 4 years after October 26, 1992, and periodically
thereafter, the Secretary of Labor, based on the information
developed under subsection (c) of this section and on other
information available to the Secretary, shall -
(A) determine if additional education about, emphasis on, or
enforcement of existing regulations or standards is needed and
will be sufficient, or if additional regulations or standards
are needed with regard to employee transported releases of
hazardous materials; and
(B) prepare and submit to the appropriate committees of
Congress a report concerning the result of such determination.
(2) Additional regulations or standards
If the Secretary of Labor determines that additional
regulations or standards are needed under paragraph (1), the
Secretary shall promulgate, pursuant to the Secretary's authority
under the Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.), such regulations or standards as determined to be
appropriate not later than 3 years after such determination.
(e) Authorization of appropriations
There are authorized to be appropriated from sums otherwise
authorized to be appropriated, for each fiscal year such sums as
may be necessary to carry out this section.
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