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U.S. Code as of:
01/19/04
Section 6971. Employee protection
(a) General
No person shall fire, or in any other way discriminate against,
or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that
such employee or representative has filed, instituted, or caused to
be filed or instituted any proceeding under this chapter or under
any applicable implementation plan, or has testified or is about to
testify in any proceeding resulting from the administration or
enforcement of the provisions of this chapter or of any applicable
implementation plan.
(b) Remedy
Any employee or a representative of employees who believes that
he has been fired or otherwise discriminated against by any person
in violation of subsection (a) of this section may, within thirty
days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy
of the application shall be sent to such person who shall be the
respondent. Upon receipt of such application, the Secretary of
Labor shall cause such investigation to be made as he deems
appropriate. Such investigation shall provide an opportunity for a
public hearing at the request of any party to such review to enable
the parties to present information relating to such alleged
violation. The parties shall be given written notice of the time
and place of the hearing at least five days prior to the hearing.
Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation,
the Secretary of Labor shall make findings of fact. If he finds
that such violation did occur, he shall issue a decision,
incorporating an order therein and his findings, requiring the
party committing such violation to take such affirmative action to
abate the violation as the Secretary of Labor deems appropriate,
including, but not limited to, the rehiring or reinstatement of the
employee or representative of employees to his former position with
compensation. If he finds that there was no such violation, he
shall issue an order denying the application. Such order issued by
the Secretary of Labor under this subparagraph shall be subject to
judicial review in the same manner as orders and decisions of the
Administrator or subject to judicial review under this chapter.
(c) Costs
Whenever an order is issued under this section to abate such
violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the
attorney's fees) as determined by the Secretary of Labor, to have
been reasonably incurred by the applicant for, or in connection
with, the institution and prosecution of such proceedings, shall be
assessed against the person committing such violation.
(d) Exception
This section shall have no application to any employee who,
acting without direction from his employer (or his agent)
deliberately violates any requirement of this chapter.
(e) Employment shifts and loss
The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the
administration or enforcement of the provisions of this chapter and
applicable implementation plans, including, where appropriate,
investigating threatened plant closures or reductions in employment
allegedly resulting from such administration or enforcement. Any
employee who is discharged, or laid off, threatened with discharge
or layoff, or otherwise discriminated against by any person because
of the alleged results of such administration or enforcement, or
any representative of such employee, may request the Administrator
to conduct a full investigation of the matter. The Administrator
shall thereupon investigate the matter and, at the request of any
party, shall hold public hearings on not less than five days'
notice, and shall at such hearings require the parties, including
the employer involved, to present information relating to the
actual or potential effect of such administration or enforcement on
employment and on any alleged discharge, layoff, or other
discrimination and the detailed reasons or justification therefor.
Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation,
the Administrator shall make findings of fact as to the effect of
such administration or enforcement on employment and on the alleged
discharge, layoff, or discrimination and shall make such
recommendations as he deems appropriate. Such report, findings, and
recommendations shall be available to the public. Nothing in this
subsection shall be construed to require or authorize the
Administrator or any State to modify or withdraw any standard,
limitation, or any other requirement of this chapter or any
applicable implementation plan.
(f) Occupational safety and health
In order to assist the Secretary of Labor and the Director of the
National Institute for Occupational Safety and Health in carrying
out their duties under the Occupational Safety and Health Act of
1970 [29 U.S.C. 651 et seq.], the Administrator shall -
(1) provide the following information, as such information
becomes available, to the Secretary and the Director:
(A) the identity of any hazardous waste generation,
treatment, storage, disposal facility or site where cleanup is
planned or underway;
(B) information identifying the hazards to which persons
working at a hazardous waste generation, treatment, storage,
disposal facility or site or otherwise handling hazardous waste
may be exposed, the nature and extent of the exposure, and
methods to protect workers from such hazards; and
(C) incidents of worker injury or harm at a hazardous waste
generation, treatment, storage or disposal facility or site;
and
(2) notify the Secretary and the Director of the
Administrator's receipt of notifications under section 6930 or
reports under sections 6922, 6923, and 6924 of this title and
make such notifications and reports available to the Secretary
and the Director.
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