Document 8O2poqo1daarmjKEbb4RNmpZ

Report. so stat. 453. Ante, p. 198-1. (j) A liearmg examiner appointed by the Commission shall hear, and make a determination upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such hearing examiner by tlie Chairman of the Commission, ana shall make a report of any such determination which constitutes nis final disposi tion of the proceedings. The report of the hearing examiner shall become the final order of the Commission within thirty dnys after such report by the hearing examiner, unless within such period any Com mission member has directed that such report shall be reviewed by the Commission. (k) Except as otherwise provided in this Act, the hearing examiner shall be subject to the laws governing employees in the classified civil service, except that appointments snail be made without regard to section 5108 of title 5, United States Code. Each hearing examiner shall receive compensation at a rate not less than that prescribed for OS-16 under section 5332 of title 5, United States Code. 28 use app. PROCEDURES TO COUNTERACT IMMINENT DANGERS Sec. 13. (a) The United States district courts shall have jurisdic tion, upon |>etition of the Secretary, to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. (b) Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order pending tne outcome of an enforcement proceeding pursuant to this Act. The proceeding shall be as provided by Rule 65 of the Fedei-n 1 Rules, Civil Procedure, except that no temporary restraining order issued without notice shall be effective for a period longer than five days. (c) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) exist in any place of employ ment, he shall inform the affected employees ana employers of tne danger and that he is recommending to the Secretary that relief be sought. (d) If the Secretary arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason oi su-.h failure, ov the representative of such employees, might bring an action against tlie Secretary in the United States district court for the district in which the imminent danger is alleged to exist or tho employer has its principal office, or for the District of Columbia, for a writ of mandamus to compel the Secretary to seek such an order and for such further relief as may be appropriate. CTL005896 REPRESENTATION IN CIVIL I.IT1QATION Sec. 14. Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act but all such litigation slinll be subject to the direction and control of the Attorney General. eo stat. t>l3. CONFIDENTIALITY OF TRADE SECRETS Sec. 15. All information reported to or otherwise obtained by the Secretary or his representative in connection with any inspection or proceeding under this Act which contains or which might reveal a trade secret referred to in section 1905 of title 18 of tlie United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. In any such proceeding the Secretary, the Commission, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. 82 stat. 791. VARIATIONS, TOLERANCES, AND EXEMPTIONS Sec. 16. The Secretary, on the record, after notice and opportunity for a hearing may provide such reasonable limitations and may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act as he may find necessary and proper to avoid serious impairment of the national defense. Such action shall not be in effect for more than six months without notification to affected employees and an opportunity being afforded for a hearing. PENALTIES Sec. 17. (a) Any employer who willfully or repeatedly violates the requirements of section 5 of this Act, any standard, rule, or order promulgated pursuant to section 6 of this Act, or regulations pre scribed pursuant to this Act, may be assessed a civil penally of not more than $10,000 for each violation. (b) Any employer who has received a citation for a serious viola tion of the requirements of section 5 of this Act, of any standard, rule, or order promulgated pursuant to section 6 of this Act, or of nny regulations prescribed pursuant to this Act, shall be assessed a civil penalty of up to $1,000 for each such violation. (c) Any employer who has received a citation for a violation of the requirements of section 5 of this Act, of any standard, rule, or order promulgated pursuant to section 6 of this Act, or of regulations prescribed pursuant to this Act, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to $1,000 for each such violation. (d) Any employer who fails to correct a violation for which a cita tion nas been issued under section 9(a) within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceed ing under section 10 initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues. CTL005897 114 STT. 1607 65 stat. 721 j 79 stat. 234. 62 Stat. 756. Pub. Law 91-596 - 18 - December 29, 1970 (e) Any employer who willfully violates any standard, rule, or order promulgated pursuant to section G of this Art, or of any regula tions prescribed pursuant to this Act, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,(XX) or by imprisonment for not more than one year, orbvbolh. (f) Any person who gives advance notice of any inspection to be conducted under this Act, without authority from the Secretary or his designees, shall, upon conviction, lie punished by a fine of not more than $t,000 or by imprisonment for not more than six months, or by both. (g) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other docu ment filed or required to be maintained pursuant to this Art shall, upon conviction, be punished by a fine of not more than $10,000, or by impiisonment for not more than six months, or by both. (h)(1) Section 1114 of title 18, United States Code, is hereby amended by striking out "designated by the Secretary of Health, Education, and Welfare to conduct investigations, or inspections under the Federal Food, Drug, and Cosmetic Act" and inserting in lieu thereof "or of the Department of Labor assigned to perform investigative, inspection, or law enforcement functions". (2) Notwithstanding the provisions of sections 1111 and 1114 of title 18, United States Code, whoever, in violation of the provisions of section 1114 of such title, kills a person while engaged in or on account of the performance of investigative, inspection, or law enforcement functions added to such section 1114 by paragraph (1) of this sub section, and who would otherwise be subject to the. penalty provisions of such section 1111, shall be punished by imprisonment for any term of years or for life. (i) Any employer who violates any of the posting requirements, as prescribed under the provisions of this Act, shall be assessed a civil penalty of up to $1,000 for each violation. (j) The Commission shall have authority to assess all civil penalties provided in this section, giving due consideration to the. appropriate ness of the penalty with respect, to the size of the business of the employer being charged, the gravity of the. violation, the good faith of tho employer, and the history of previous violat ions. (k) For purposes of this section, a serious violation shall be deemed to exist, in a place of employment, if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, opera tions, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. (l) Civil penalties owed under this Act, shall be paid to the Secre tary for deposit into the Treasury of the United States and shall accrue to the United States and may be recovered in a civil action in the name of the United States brought in the United States district court for the district where the violation is alleged to have occurred or where tho employer has its principal office. CTL005898 December 29, 1970 - 15 - Pub. Law 91-596 84 STAT. 1604 of training, education, or experience are qualified to carry out the functions of the Commission under this Act. The President shall desig nate one of the members of the Commission to serve as Chairman. (b) The terms of members of the Commission shall be six years Terms, except that (1) the members of the Commission first taking office shall serve, as designated by the President at the time of appointment, one for a term of two years, one for a term of four years, and one for a term of six years, and (2) a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which lie was appointed shall be filled only for the remainder of such unexpired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (c)(1) Section 5314 of title 5, United States Code, is amended by 80 Stat. 460, adding at the end t hereof the following new paragraph: "(57) Chairman, Occupational Safety and Health Review Commission." (2) Section 5315 of title 5, United States Code, is amended by add Ante, p. 776, ing at the end thereof the following new paragraph: "(94) Members, Occupational Safety and Health Review Commission." (d) The principal office of the Commission shall be in the District Location. of Columbia. Whenever the Commission deems that the convenience of the public or of the parties may be promoted, or delay or expense may bo minimized, it may hold hearings or conduct other proceedings at any other place. (e) The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission and shall appoint such hearing examiners and other employees as he deems necessary to assist in the performance of the Commission's functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, 5 USC 5101, relating to classification and General Schedule pay rates: Provided, 5331. That assignment, removal and compensation of hearing examiners Ante, p, 190-1, shall be in accordance with sections 3105,3344,5362, and 7521 of title 5, United States Code. (f j For the purpose of carrying out its functions under this Act, two Quorum, members of tne Commission shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members. (g) Every official act of the Commission shall be entered of record, Public records. and its hearings and records shall be open to the public. The Com mission is authorized to make such rules as are necessary for the orderly transaction of its proceedings. Unless the Commission has adopted a different rule, its proceedings shall be in accordance with the Federal Rules of Civil Procedure. 28 USC app. (h) The Commission may order testimony to be taken by deposition in any proceedings pending before it at any state of such proceeding. Any person may he compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission. Witnesses whose depositions are taken under this subsection, and the persons taking such depositions, shall be entitled to the same fees ns are paid for like services in the courts of the United States. (i) For the purpose of any proceeding before the Commission, the provisions of section 11 of the National Labor Relations Act (29 U.S.C. 161) nre hereby made applicable to the jurisdiction and powers 61 Stat. 150; of the Commission. Ante, p. 930, CTL005895 62 Stat. 926. uence on mu lecoiu consiuereu us u whole, siiun ue conclusive, uuu its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it, the jurisdiction of the court sliall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, as provided in section 1254 of title 28, United States Code. Petitions filed under this subsection shall be heard expeditiously. (b) The Secretary may also obtain review or enforcement of any final order of the Commission by filing a petition for such relief in the United States court of appeals for the circuit in which the alleged violation occurred or in which the employer has its principal office, and the provisions of subsection (a) shall govern such proceedings to the extent applicable. If no petition for review, as provided in subsec tion (a), is filed within sixty days after service of the Commission's order, the Commission's findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Secretary after the expiration of such sixty-day period. In any such case, as well as in the case of a noncontcstcd citation or notification by the Secretary which has become a final order of the Commission under subsection (a) or (b) of section 10, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforc ing the order and shall transmit a copy of such decree to the Sec retary and the employer named in the petition. In any contempt proceeding brought to enforce a decree of a court of appeals entered pursuant to this subsection or subsection (a), the court of appeals may assess the penalties provided in section 17, in addition to invoking any other available remedies. (c) (1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any sucli proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act. (2) Any employee who believes that he has been discharged or other wise discriminated against by any person in violation of this subsec tion may, within thirty days after such violation occurs, file a complaint witli the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate, if upon such investigation, the Secretary determines that the provisions of this subsection have been violated, he shall bring an action in any appropriate United States dis trict court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown to restrain vio lations of paragraph (1) of this subsection and order all appropriate relief including reniring or reinstatement of the employee to his for mer position with back pay. (3) Within 90 days of the receipt of a complaint filed under the subsection the Secretary shall notify the complainant of his determina tion under paragraph 2 of this subsection. Establishment) membership. T1IE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Sec. 12. (a) The Occupational Safety and Health Review Commis sion is hereby established. The Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who by reason CTL005894 STATE JURISDICTION AND STATE ll.tNS Sec. 18. (a) Nothing in this Act shall prevent any State agency or court from asserting jurisdiction under State law over any occu pational safety or hetdtn issue with respect to which no standard is in effect under section 6. (b) Any State which, at any time, desires to assumo responsibility for development and enforcement therein of occupational safety and health standards relating to any occupational safety or health issue with respect to which a Federal standard has been promulgated under section 6 shall submit a State plan for the development of such stand ards and their enforcement. (c) The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof, if such plan in his judgment-- (1) designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State, (2) provides for the development and enforcement of safety ana health standards relating to one or more safety or health issues, which standards (and the enforcement of which standards) are or will be at least as effective in providing safe and healthful employment and places of employment as the standards promul gated under section 6 which relate to the same issues, and which standards, when applicable to products which are distributed or used in interstate commerce, are required by coinjiclling local conditions and do not unduly burden interstate commerce, (3) provides for a right of entry and inspection of all work places subject to the Act which is at least as effective as that pro vided in section 8, and includes a prohibition on advance notice of inspections, (4) contains satisfactory assurances that such agency or agen cies have or will have the legal authority and qualified jiersonnel necessary for the enforcement of such standards, (5) gives satisfactory assurances thut such State will devote adequate funds to the administration and enforcement of such standards, (6) contains satisfactory assurances that such State will, to the extent permitted by its law, establish and maintain an effect ive and comprehensive occupational safety and health program applicable to ail employees of public agencies of the State and its political subdivisions, which program is as effective as the standards con tained in an approved plan, (7) requires employers in the State to make reports to the Sec retary in the same manner and to the same extent as if the plan were not in effect, and (8) provides that the State agency will make such reports to the Secretary in such form and containing such information, as the Secretary shall from time to time require. (d) If the Secretary rejects a plan submitted under subsection (b), he shall afford the State submitting the plan due notice and oppor tunity fora hearing before so doing. (e) After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under sections 8,9,10,13, and 17 with respect to comparable standards promulgated under section 6, for the period specified in the next sentence. The Secretary may exercise the authority referred to above until he determines, on the basis of actual operations under the Notice of hearing. CTL005899 B4 STAT. 1609 ContInning evaluation. Plnn rejection, review. 72 Stnt. 941; no Stat. 1323. 62 Stat, 920, aw 91-596 - 20 - December 29, 1970 Sln(o plan, that the criteria set forth in subsection (c) arc being applied, but lie shall not make such determination for nt least three rears after the plan's approval under subsection (c). Upon making the determination referred to in the preceding sentence, the provisions of sections 5(it ) (2), 8 (except for the purpose of carrying out subsection (f) of this sect ion),!), 10, b'l, and 17, and standards promulgated under section (! of this -Vet, shall not apply ith lesjiect to any occupational safety or health issues covered under the plnn, but the Secretary may retain jurisdiction under the above provisions in any proceeding com menced under section 9 or 10 before the date of determination. (f) The Secretary shall, on the basis of reports submitted by the State agency anti his own inspections make a continuing evnluntion of the manlier in which each State having a plan approved under this section is carrying out such plnn. Whenever the Secretary finds, after a lloi ding due not ire and opportunity for a hearing, that in the administ t nt ion of the State plan there is a failure to comply substantially mth any provision of the State plnn (or any assurance contained therein), lie shall notify the State agency of his withdrawal of approi nl of such plan and upon receipt of such notice such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced liefore the withdrawal of the plan in order to enforce standards under the plan whenever the issues involved do not relate to the icasons for the withdrawal of the plan. (g) The State may obtain a review of a decision of the Secretary withdrawing approval of or rejecting its plan by the United States court of appeals for the circuit in which the Stnte is located by filing in such court within thirty days following receipt of notice of such decision a petition to modify or set aside in whole or in part the action of the Secretary. A copy of such petition shall forthwith be served upon the Secretary, and thereupon the Secretary shall certify and file in the court the record upon which the decision complained of was issued as provided in section 2112 of title 28, United States Code. Unless the court finds thnt the Secretary's decision in rejecting a pro posed State plan or withdrawing his approval of such a plan is not sup ported by substantial evidence the court shall affirm the Secretary's decision. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiornri or certification as provided in section 1254 of title 28, United States Code. (h) The Secretary may enter into an agreement with a State under which the Stnte will be permitted to continue to enforce one or more occupational health and safety standards in effect in such State until final action is taken by the Secretary with respect to a plan submitted by a Stnte under subsection (b) of this section, or two years from the date of enactment of this Act, whichever is earlier. I'KOI.R W. AOKXCY SAFETY CROORAMS AND RESPONStmUTlES Sec. 19. (a) It shall be the responsibility of the head of each Fed eral agency to establish and mnintain nn effective and comprehensive occupational safety and health program which is consistent with the standards promulgated under section 6. The head of each agency shall (after consultation with representatives of the employees thereof) -- (1) provide safe and healthful places and conditions of employ ment, consistent with the standards set under section 6; (2) acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees; CTL005900 mber 29, 1970 - 13 - Pub. Law 91-596 of the issuance of a citntion under section 9(a), any employee or rep resentative of employees files a notice with the Secretary alleging that the period of time fixed in the citation for the abatement of the viola tion is unreasonable, the Secretary shall immediately advise the Com mission of such notification, and the Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a) (3) of such section). The Commission shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary's citation or proposed penalty, or directing other appropriate relief, and such order shall become final thirty days after its issuance. Upon a showing by nn employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond his reasonable control, the Secre tary, nfter nn opportunity for a hearing as provided in this subsection, shnll issue nn order affirming or modifying the abatement require ments in such citntion. The rides of procedure prescribed by the Com mission shnll provide nffected employees 6r representatives of affected employees nn opportunity to participate as parties to hearings under this subsection. JUDICIAL REVIEW 84 STAT. 1602 80 stat. 384. Sec. 11. (a) Any person adversely affected or aggrieved by an order of the Commission issued under subsection (c) of section 10 may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or where the employer has its principal office, or in the Court of Appeals for the District of Columbia Circuit, by filing in such court within sixty days following the issuance of such order a written petition praying that the order be modified or set nside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in thcjiroceeding as provided in section 2112 of title28, United Stales Code. Upon such filing, the court shall have jurisdiction of the proceeding and of the question determined therein, and shnll have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Com mission and enforcing the snme to the extent that such order is affirmed or modified. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Commission. No objection that has not been urged liefore the Com mission shall be considered by the court! unless the fnilure or neglect to urge such objection shnll be excused because of extraordinary cir cumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shnll show to the satisfac tion of the court that such additional evidence is material and that there were reasonable grounds for the fnilure to adduce such evidence in the hearing before the Commission, the court may order such addi tional evidence to be taken before the Commission and to be made a part of the record. The Commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which find ings with respect to questions of fact, if supported by substantial evi- 72 stat. 94l| 80 Stat. 1323 CTL005893 Limitation* CITATIONS Sec. !). (a) If, 14)011 insjiectioii or investigation, the Secretary or his authorized representative believes that an emplover lias violated a requirement of section 5 of this Act, of any standard, rule or order promulgated pursuant to section 6 of this Act. or of any regulations prescribed pursuant to this Act, he shall with reasonable promptness issue a citation to the employer. Kucli citation shall be. in writing nnd shall describe with particularity the nature of the violation, including a inference to the. provision of the. Act. standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable, time for the nbnteinent of the violation. The Secretary may prescribe procedures for the issuance of a notice in lieu of a cita tion with inspect to de minimis violations which have no direct or immediate relationship to safety or health. (b) Kach citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Secretary, at or near each place a violation referred to in the citation occurred. (c) No citation mny be issued under this section after the expiration of six months following the occurrence of any violation. PROCEDURE FOR ENFORCEMENT Sec. It), (a) If, after an inspection or investigation, the Secretary issues a citation under section 9(a). he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by certified mail of the penalty, if any. proposed to be assessed under section 17 nnd that the employer has fifteen working dnys within which to notify the Secretary that he wishes to contest the ritntion or proposed assessment of penalty. If. within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that lie intends to contest the citation or proposed assessment of penalty, and 110 notice is filed by any employee or representative of employees under subsection (c) within such time, the ritntion nnd the assessment, as proposed, shall be deemed a final order of the Commission nnd not subject to review by any court or agency. (b) If the Secretary has reason to lielieve that an employer lias failed to correct ft violation for which a citation has been issued withjn the period permitted for its correction (which period shall not begin to run until the entry of a finnl order by the Commission in the case of any review proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties) , the Secretary shall notify the employer by certified mail of such failure and of the penalty proposed to be assessed under section 17 by reason of such failure, nnd that the. employer has fifteen working days within which to notify the Secretary that he wishes to contest the Secretary's notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the Secretary, tho employer fails to notify the Secretary that he intends to contest tho notification or proposed assessment of penalty, the notification nnd assessment, as proposed, shall be deemed a finnl order of the Com mission and not subject to review by any court or agency. (c) If an employer notifies the Secretary that he intends to contest a citation issued under section 9(a) or notification issued under sub section (a) or (b) of this section, or if, within fifteen working days / CTL005892 (3) keep adequate records of all occupational accidents and ill nesses for proper evaluation and necessary corrective action; (4) consult with the Secretary with regard to the adequacy as to form and content of records kept pursuant to subsection (a) (3) of this section; and (5) make an annual report to the Secretary with respect to occupational accidents and injuries nnd the agency's program under this section. Such report shall include any report submitted under section 7902(e)(2) of title 5, United States Code. (b) The Secretary shall report to the President a summary or digest of reports submitted to him under subsection (a)(5) of this section, together with his evaluations of and recommendations derived from such reports. The President shall transmit annually to the Senate nnd the House of Representatives a report of the activities of Federal agencies under this section. (c) Section 7902(c)(1) of title 5, United States Code, is amended by inserting after "agencies" the following: "and of labor organiza tions representing employees". (d) The Secretary shall have access to records and reports kept and filed by Federal agencies pursuant to subsections (a) (3) and (5) of this section unless those records and reports are specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy, in which case the Secretary shall have access to such information as will not jeopardize national defense or foreign policy. RESEARCH AND RF.I.ATED ACTIVITIES Recordkeeping* Annual report* 00 Stat. 530. Report to President. Report to Congress. Records, etc.; availability* Sec. 20. (a)(1) The Secretary of Health, Education, and Welfare, 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, Education, and Welfare snail from time to time consult with the Secretary in order to develop specific plans for such research, demonstrations, and experiments us arc neces sary to produce criteria, including criteria identifying toxic sub stances, enabling the Secretary to meet his responsibility for the formulation of safety and health standards under this Act; and the Secretary of Health; Education, and Welfare, 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 Act. (3) The Secretary of Health, Education, and Welfare, 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 employ ment, 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, Education, and Welfare 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 CTL005901 64 STT. 1611 Toxic sub stances, records. Medical examinations. Toxic sub stances, publicatIon. Annual studies. Inspections. Contract authority. Pair Law 91-596 - 22 - December 29, 1970 which is otherwise provided for in the operating provisions of this Act. Tlio Secretary of Health, Education, and Welfare shall also conduct research into the motivational and behavioral factors relating to the field of occupational safety and health. (!>) The Secretary of Health, Education, and Welfare, 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, Education, and Welfare reasonably believes mny endanger the health or safety of employees. The Secretary of Health, Education, and Welfare also is authorized to establish such programs of medical examinations and tests ns may be necessary for determining the inci dence of occupational illnesses and the susceptibility of employees to such illnesses. Nothing in this or any other provision of this Act shall lie 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 (he 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, Education, and Welfare 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. (f>) The Secretary of Health, Education, and Welfare shall publish within six months of enactment of this Act and thereafter as needed but nt. 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. Ho 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 ns possible. If the Secretary of Health, Education, and Welfare 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 6, the Secretary of Health, Education, and Welfare shall immediately submit such determination to the Secretary, together with all pertinent criteria. (7) Within two years of enactment of this Act, and annually there after the Secretary of Health, Education, and Welfare shall conduct, and publish industrywide studies of the effect of chronic or low-level exposure to industrial materials, processes, and stresses on the poten tial for illness, disease, or loss of functional capacity in aging adults. (b) The Secretary of Health, Education, and Wei fare is authorized to make, inspections and question employers and employees as pro vided in section 8 of this Act in order to carry out his functions ar.d res)>onsibi!ities under this section. (c) 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 Act. In carrying out his responsibilities CTL005902 Member 29, 1970 - 11 Pub. Law 91-596 84 STAT. 1600 (d) Any information obtained by the Secretary, the Secretary of Health, Education, and Welfare, or a State ngency under this Art 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) 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 accompnny the Secretary or his authorized representative duringThepkyok-nl inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or bis authorized representative shall consult with a reasonable numlicr of employees concerning matters of health nnd safety in the workplace. (f) (1) Any employees or representative of employees who believe that a violation of a safety or hcnlth 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 repre sentative of such violation or danger. Any such notice shall bo reduced to writing, shall set forth with reasonable particularity the grounds for Iho notice, and shall lie signed hy the employees or representative of employees, and a copy shall be provided the employer or his ngent no later than nt the time of inspection, except l.hnt, 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, ho 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 ho shall notify the employees or representative of the employees in writ ing of such determination. (2) Prior to or during any inspection of a workplace, any employ ees 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 Act which they have reason to believe exists in such workplace. The Sec retary 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) (1) The Secretary and Secretary of Health, Education, and Reports, Welfare are authorized to compile, analyze, and publish, either in publication. summary or detailed form, all reports or information obtained under this section. (2) The Secretary and the Secretary of Health, Education, nnd Rules and Welfare shall each prescribe such rules and regulations as ho may regulations. deem necessary to carry out their responsibilities under this Act, including, rules and regulations dealing with the inspection of an employer's establishment. CTL005891 Subpoena power* Recordkeeping* Work-related death*, eto.) reports. (2) to insiH'ct mid 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) In making his inspections and investigations under this Act 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 per son 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 jurisdic tion 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 fail ure to obey such order of the court may be punished by said court os a contempt thereof. (c)(1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health, Education, and Welfare, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health, Education, and Welfare, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regard ing the causes and prevention of occupational accidents and ill nesses. 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 requirmg that employers, through posting of notices or other appropriate means, keep their employees informSi of their protections and obliga tions under this Act, including the provisions of applicable standards. (2) The Secretary, in cooperation with the Secretary of Health, Education, and Welfare, shall prescribe regulations requiring employ ers to maintain accurate records of, and to make periodic reports on, work-related deaths, jnjuries 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, Education^ and Welfare, 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 6. 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 app|>c*ble occupational safety and health standard promulgated under section 0, and shall inform any employee who is being thus exposed of the corrective action being taken. CTL005890 under this subsection, the Secretary shall cooperate with the Secretary of Health, Education, and Welfare in order to avoid any duplication of efforts under this section. (d) Information obtained by the Secretary and the Secretary of Health, Education, and Welfare under this section shall be dissemi nated by the Secretary to employers and employees and organizations thereof. (e) The functions of the Secretary of Health, Education, and Wel fare under this Act shall, to the extent feasible, be delegated to the Director of the National Institute for Occupational Safety and Health established by section 22 of this Act. Delegation of functions. TRAINING AND EMPLOYEE EDUCATION Sec. 21. (a) The Secretary of Health, Education, and Welfare, after consultation with the Secretary and with other appropriate Fed eral 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 Act, and (2) informational programs on the importance of and proper use of ade quate safety and health equipment. (b) The' Secretary is alk> authorized to conduct, directly or by grants or contracts, short-term training of personnel engaged in work related to his responsibilities under this Act. (c) The Secretary, in consultation with the Secretary of Health, Education, and Welfare, 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 Act, 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. NATIONAL INSTITUTE TOR OCCUPATIONAL SAFETY AND HEALTH Sec. 22. (a) It is the purpose of this section to establish a National Institute for Occupational Safety and Health in the Department of Health, Education, and Welfare in order to carry out the policy set forth in section 2 of this Act and to perform the functions of the Sec retary of Health, Education, and Welfare under sections 20 and 21 of this Act. (b) There is hereby established in the Department of Health, Education, and Welfare a National Institute for Occupational Safety and Health. The Institute shall be headed by a Director who shall oe appointed by the Secretary of Health, Education, and Welfare, and who shall serve for a term of six years unless previously removed by the Secretary of Health, Education, and Welfare. (c) The Institute is authorized to-- (1) develop and establish recommended occupational safety and health standards; and (2) perform all functions of the Secretary of Health, Educa tion, and Welfare under sections 20 and 21 of this Act. (d) Upon his own initiative, or upon the request of the Secretary or the Secretary of Health, Education, and Welfare, the Director is authorized (1) to conduct such research and experimental programs as he determines are necessary for the development of criteria for new and improved occupational safety and health standards, and (2) after Eatabllatment* Direotor, appoint*ant, tena. CTL005903 84 STAT. 1613 no stAt. <116, 81 stAt. 190. Annual report to HLV, President, and Congress. PuBTLaw 91-596 - 24 - December 29, 1970 consideration of the results of such research and experimental pro grams ninkr rccoinnipndations concerning new or improved occupat ioiuil safety and health standards. Any occupational safety and health standard recommended pursuant to this section shall immediately bo forwarded to the Secretary of Labor, and to the Secretary of Health, Kdueation. and Welfare. (c) In addition to any authority vested in the Institute bv other pro\ isions of this section, the Director, in carrying out the functions of the Institute, is authorized to-- (1) prescrilto such regulations as he deems necessary governing the manner in which its functions shall be carried out; (2) recehe money and other property donated, bequeathed, or devised, without, condition or restriction other than that it be used for the pm |h>scs of the Institute and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (:t) receive (and use, sell, or otherwise dispose of. in accordance, with paragraph (2)), money and other property donated, lietpienthrd, or devised to the Institute with a condition or restric tion. including a condition that the Institute use other funds of the Institute for the pur|)osesof the, gift; ( 0 in accoidance with the civil service laws, appoint and fix the compensation of such personnel as may be necessary to carry out the piovisinns of this section; (5) obtain the services of experts and consultants in accord ance with the provisions of section 310!) of title S, United States ('ode; (fi) accept and utilize the services of voluntary and noncom- pensatrd personnel and reimburse them for travel expenses, including per diem, ns authorized by section 5703 of title 5, United States Code; (7) enter into contracts, grants or other arrangements, or modi fications thereof to carry out the provisions of this section, and such contracts or modifications thereof may lie entered into with out performance or other Isolds, and without regard to section 3700 of the Revised Statutes, as amended (41 IT.S.C. 5), or nny other provision of law relating to competitive bidding; (8) make advance, progress, and other payments which the Director deems necessary under this title without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 520) ; and (0) make other necessary expenditures. (f) The Director shall submit to the Secretary of Health, Educa tion, and Welfare, to the President, and to the Congress an annual i eport of the operations of tho Institute under this Act, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as he deems appropriate. ORANTR TO THE STATES Sec. 23. (a) The Secretary is authorized, during the. fiscal year ending .June 30, 1071, and the two succeeding fiscal years, to make grants to the Stntes which havo designated a State agency under section 18 to nssist them--(1) in identifying their needs and responsibilities in the area of occupational safety and health, (2) in developing State plans under section 18, or CTL005904 Wcember 29, 1970 -9- Pub. Law 91-596 84 STAT. 1598 and shall include as a member one or more designees of the Secretary of Health, Education, and Welfare, and shall include among its mem bers an equal number of persons qualified by experience and affiliation to present the viewpoint of the employers involved, and of persons similarly qualified to present the viewpoint of the workers involved, ns well ns one or more representatives of health and safety agencies of the Stntes. An advisory committee mny also include such other persons ns the Secretary may appoint who are qualified by knowledge and experience to make a useful contribution to the work of such com mittee, including one or more representatives of professional organizations of technicians or professionals specializing in occupational safety or health, and one or more representatives ofnationally recog nized stnndards-producing organizations, but the number of [versons so appointed to nny such advisory committee shall not exceed the num ber appointed to such committee as representatives of Federal and State agencies. Persons appointed to advisory committees from pri vate life shall be compensated in the same manner ns consultants or experts under section 3109 of title 5. United Stntes Code. The Secre 80 Stt. 416. tary shall pay to nny State which is the employer of a member of such a committee who is a representative of the health or snfety agency of that State, reimbursement sufficient to cover the actual cost to the State resulting from such representative's membership on such committee. Any meeting of such committee shall be open to the public Reoordkeeping. and an accurate record shall be kept and made nvnihiulc to the public. Xo member of such committee (other than representatives of employ ers nnd employees) shall have an economic interest in any proposed rule. (c) In carrying out his responsibilities under this Act, the Secretary is authorized to-- (1) use, with the consent of nny Federal agency, the services, facilities, and personnel of such agency, with or without reim bursement, nnd with the consent of nny State or political subdi vision thereof, accept and use the services, facilities, nnd personnel of nny agency of such State or subdivision with reimbursement; and (2) employ experts nnd consultants or organizations thereof as authorized by section 3109 of title 5, United Stntes Code, except that contracts for such employment mny be renewed annually; compensate individuals so employed at rates not in excess of the rate specified at the time of service for grade OS-18 under section 5332 of title 5, United States ('ode, including travcltime, and Ante, p. 198-1. allow them while away from their homes or regular places of busi ness, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United Stntes Code, for per 80 Stat. 499; sons in the Government service employed intermittently, while so 03 Stat. 190. employed. INSPECTIONS. INVESTIGATIONS. AND RErORDKF.F.PINO Sec. 8. (a) In order to carry out the pnr|voscs of this Act, the Secre tary, upon presenting appropriate credentials to the owner, operator, or agent in clinrge, 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 CTL005889 Publication In Federal Register, Petition for Judicial review. i uic.11..1.1 II ,111 ill, OKI1IUH1U Ml IJUMUMI. vuoi a ui ui um muy uo modi fied or revoked upon application by an employer, employees, or by the Secretary on his own motion, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance. (e) Whenever the Secretary promulgates any standard, makes any rule, order, or decision, grants any exemption or extension of time, or compromises, mitigates, or settles any pennlty assessed under this Act, he shall include a statement of the reasons for such action, which shall be published in the Federal Register. (f) Any person who may be adversely affected by a standard issued under this section may at any time prior to the sixtieth day after such standard is promulgated files petition challenging the validity of such standard with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole. (ff) If1 determining the priority for establishing standards under this section, the Secretary shall give due regard to the urgency of the need for mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments. The Secretary shall also give due regard to the recom mendations of the Secretary of Health, Education, and Welfare regarding the need for mandatory standards in determining the pri ority for establishing such standards. Establishmentj membership. 80 Stat. 378. 5 USC 101. Publio tran script . 80 Stat. 416. ADVISORY COMMITTERS; ADMINISTRATION Sec. i. (a)(1) There is hereby established a National Advisory Committee on Occupational Safety and Health consisting of twelve members appointed by the Secretary, four of whom are to lie. desig nated by the Secretary of Health, Education, nnd Welfare, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and composed of representa tives of manangement, labor, occupational safety and occupational health professions, nnd of the public. The Secretary shall designate one of the public members as Chairman. The members shall be selected upon the basis of their experience and competence in the field of occu pational safety and health. (2) The Committee shall advise, consult with, and make recom mendations to the Secretary and the Secretary of Health, Education, nnd Welfare on matters relating to the administration of the Act. The Committee shall hold no fewer tlinn two meetings during each calen dar year. All meetings of the Committee shall be open to the public and a transcript shall be kept and made available for public inspection. (3) The members of the Committee shall be compensated in ac cordance with the provisions of section 3109 of title 5, United States Code. (4) The Secretary' shall furnish to tho Committee an executive sec retary and such secretarial, clerical, and other services as are deemed necessary to the conduct of its business. (b) An advisory committee may be appointed by the Secretary to assist him in his standard-setting functions under section 6 of this Act. Each such committee shall consist of not more than fifteen members CTL005888 (3) in developing plans for-- (A) establishing systems for the collection of m format ion concerning the nature and frequency of occupational injuries and diseases; (13) increasing the expertise and enforcement capabilities of their personnel engaged in occupational safety and health programs; or (C) otherwise improving the administration and enfoice ment of State occupational safety and health laws, including standards thereunder, consistent with the objectives of this Act. (b) The Secretary is authorized, during the fiscal year ending .Tune 30, 1971, and the two succeeding fiscal years, to make grants to the States for experimental and demonstration projects consistent with the objectives set forth in subsection (al of this section. (c) The Governor of the State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section. (d) Any State agency designated by the Governor of the State desiring a grant under this section shall submit an application there for to the Secretary. (e) The Secretary shall review the application, and shall, after consultation with the Secretary of Health, Education, and Welfare, approve or reject such application. (f) The Federal share for each State grant under subsection (a) or (b) of this section may not exceed 90 per centum of the total cost of the application. In the event the Federal share for all States under either such subsection is not the same, the differences among the States shall be established on the basis of objective criteria. (g) The Secretary is authorized to make grants to the States to assist them in administering and enforcing programs for occupational safety and health contained in State plans approved by the Secretary pursuant to section 18 of this Act. The Federal share for each State grant under this subsection may not exceed 50 per centum of the total cost to the State of such a program. The last sentence of subsection (f) shall be applicable in determining the Federal share under this subsection. (h) Prior to June 30 1973, the Secretary shall, after consultation with the Secretary of Health, Education, and Welfare, transmit a report to the President and to the Congress, describing the experience under the grant programs authorized by this section and making any recommendationshe may deem appropriate. Report to President end Congress, STATISTICS Sec. 24. (a) In order to further the purposes of this Act, the Secre tary, in consultation with the Secretary of Health, Education, nnd Welfare, shall develop and maintain an effective progrnm of collec tion, compilation, and analysis of occupational safety and health statistics. Such program may cover all employments whether or not subject to any other provisions of this Act but shall not cover employ ments excluded by section 4 of the Act. The Secretary shall compile accurate statistics on work injuries and illnesses which shall include all disabling, serious, or significant injuries and illnesses, whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and which do not involve medical treatme'nt, loss of consciousness, restriction of work or motion, or transfer to another job. CTL005905 94 STAT, 16IS Reports. "Law 91-596 - 26 - December 29, 1970 (l>) To curry out )iis duties under subsection (n) of this section, tho Secret n ry may-- (1) promote, encourage, or directly engage in programs of studies, information and communication concerning occupational safety and health statistics; (2) make grants to States or political subdivisions thereof in order to assist them in developing and administering programs dealing with occupational safety and health statistics; and (3) nrrangc, through grants or contracts, for the conduct of such research and investigations as give promise of furthering the objectives of this section. (c) The Federal share for each grant under subsection (b) of this section may bo up to 50 per centum of the State's total cost. (d) The Secretary may, with the consent of any State or political subdivision thereof, accept and use the services, facilities, and employees of the agencies of such State or political subdivision, with or without reimbursement, in order to assist him in carrying out his functions under this section. (e) On the basis of the records made and kept pursuant to section 8(c) of this Act, employers shall file such reports with the Secretary as he shall prescribe by regulation, ns necessary to carry out his func tions under this Act. (f) Agreements between the Department of Labor and States per taining to the collection of occupational safety and health statistics already in effect on the effective aate of this Act shall remain in effect until superseded by grants or contracts made under this Act. AUDITS Sec. 25. (a) Each recipient of a grant under this Act shall keep such records as the Secretary or the Secretary of Health, Education, and Welfare shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, tho total cost or the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary or the Secretary of Health, Education, and Wel fare, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of any grant under this Act that are |rertinent toany such grunt. ANNUAL REPORT Sec. 26. Within one hundred and twenty days following the con vening of each regular session of each Congress, the Secretary and the Secretary of Health, Education, and Welfare shall each prepare and submit- to tho President for transmittnl to the Congress a report upon the subject matter of this Act, the progress toward achievement of the purpose of this Act, the needs and requirements in the field of occupational safety and health, and any other relevant information. Such reports shall include information regarding occupational safety and health standards, and criteria for such standards, developed dur ing the preceding year; evaluation of standards and criteria previously developed under this Act, defining areas of emphasis for new criteria and standards: an evaluation of the degree of observance of applicable occupational safety and health standards, and a summary CTL005906 Wcember 29, 1970 -7- Pub. Law 91-596 04 STAT. 1596 addition, where appropriate, any such standard shall prescribe tho Medloal lypo and frequency of medical examinations or other tests which shall examinations. lie made available, by tho employer or at his cost., to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In tho vent, such medical examinations are in the nature of research, as deter mined by the Secretary of Health, Education, nnd Welfare,such exam inations may be furnished at the expense of the Secretary of Health, Education, and Welfare. The results of such examinations or tests shall be furnished only to the Secretary or the Secretary of Health, Education, and Welfare, nnd, at the request of the employee, to his physician. The Secretary, in consultation with the Secretary of Health, Education, and Welfare, may by rule promulgated pursuant to sec tion 553 of title 5, United States Code, make appropriate modifica 00 Stat. 383. tions in the foregoing requirements relating to the use of labels or other forms of warning, monitoring or measuring, and medical exami nations, as may be warranted by experience, information, or medical or technological developments acquired subsequent to the promulga tion of the relevant standard. (8) Whenever a rule promulgated by the Secretary differs substan Publication tially from an existing national eo.'sensus standard, the Secretary In Federal shall, at the same time, publish in the Federal Register a statement Register. of the reasons why the rule as adopted w.il better effectuate the pur poses of this Act than the national consensus standard. (c) (1) The Secretary shall provide, without regard to the require Temporary ments of chapter 5, title 5, United States Code, for an emergency tem porary standard to take immediate effect upon publication in the Federal Register if he determines (A) that employees arc exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (H) that such emergency standard is necessary to protect employees from such danger. standard. Publication In Federal Register. 00 Stat. 381| 01 Stat. 195. 5 USC 500. (2) Such standard shall be effective until superseded by a standard Time promulgated in accordance with the procedures prescribed in para limitation. graph (3) of this subsection. (3) Upon publication of such standard in the Federal Register the Secretary shall commence a proceeding in accordance with section 6(b) of this Act, and the standard as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a standard under this paragraph no later than six months after publica tion of the emergency standard ns provided in paragraph (2) of this subsection. (d) Any affected employer may apply to tho Secretary for a rule or Variance rule. order for a variance from a standard promulgated under this section. Affected employees shall be given notice of each sucb application and an opportunity to participate in a hearing. The Secretary shall issue such rule or order if he determines on the record, after opj>ortunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, nnd the practices, means, methods, opera tions, nnd processes which he must adopt and utilize to the extent they CTL005887 Notice, hearing. Renewal. Time limita tion. Labels, eto. Protective equipment, eto. prescribe the practices, means, methods, operations, anti processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing: Provided., That the Sec retary may issue one interim order to be effective until a decision is made on tne basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compli ance with the standard or one year, whichever is shorter, except tnat such an order may be renewed not more than twice (I) so long as the requirements of this paragraph are met and (II) if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days. (B) An application for a temporary order under this paragraph (6) shall contain: (i) a specification of the standard or portion thereof from which the employer seeks a variance, (ii) a representation by the employer, supported by representa tions from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor, (iiG a statement of the steps he has taken and will take (with specific dates) to protect employees against the hazard covered by the standard, (iv) a statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take (with dates specified) to come into compliance with the stand ard, and (v) a certification that he has informed his employees of the application by giving a copy thereof to their authorized repre sentative, posting a statement giving a summary of the applica tion and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be con tained in the certification. The information to employees shall also inform them of their right to petition the Secretary for a hearing. (C) The Secretary is authorized to grant a variance from any standard or portion thereof whenever he determines, or the Secretary of Health, Education, and Welfare certifies, that such variance is necessary to permit an employer to participate in an experiment approved by him or the Secretary of Health, Education, and Welfare designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers. (7) Any standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are neces sary to insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treat ment, and proper conditions and precautions of safe use or exposure. Where appropriate, such standard shall also prescribe suitable pro tective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. In CTL005886 or inspection aim enlorceinent activity undertaken; analysis and eval uation of research activities for which results have been obtained under governmental and nongovernmental sponsorship; an analysis of major occupational diseases; evaluation of available control and measurement technology for hazards for which standards or criteria have been developed during the preceding year; description of cooperative efforts undertaken between Government agencies and other interested parties in the implementation of this Act during the preceding year; a progress report on the development of an adequate supply of trained manpower in the field of occupational safety and health, including estimates of future needs and tne efforts being made by Government and others to meet those needs; listing of all toxic substances in indus trial usage for which labeling requirements, criteria, or standards have not yet been established; and such recommendations for addi tional legislation as are deemed necessary to protect the safety and health of the worker and improve the administration of this Act. NATIONAL COMMISSION ON STATE WORKMEN'S COMPENSATION LAWS Sec. `27. (a)(1) The Congress hereby finds and declares that-- (A) the vast majority of American workers, and their families, are dependent on workmen's compensation for their basic eco nomic security in the event such workers suffer disabling injury or death in the course of their employment; and that the full pro tection of American workers from job-related injury or death requires an adequate, prompt, and equitable system of workmen's compensation as well as an effective program of occupational health and safety regulation; and (B) in recent years serious questions have been raised concern ing the fairness and adequacy of present workmen's compensation laws in the light of the growth of the economy, the changing nature of the labor force, increases in medical knowledge, changes in the hazards associated with various types of employment, new technology creating new risks to health and safety, and increases in the general level of wages and the cost of living. (2) The purpose of this section is to authorize an effective study and objective evaluation of State workmen's compensation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation for injury or death arising out of or in the course of employment. (b) There is hereby established a National Commission on State Workmen's Compensation Laws. (c)(1) The Workmen's Compensation Commission shall be com posed of fifteen members to be appointed by the President from among members of State workmen's compensation boards, representatives of insurance carriers, business, labor, members of the medical profession having experience in industrial medicine or in workmen's compensa tion cases, educators having special expertise in the field of workmen's compensation, and representatives of the general public. The Secre tary, the Secretary of Commerce, and the Secretary of Health, Educa tion, and Welfare shall be ex officio members of the Workmen's Compensation Commission: (2) Any vacancy in the Workmen's Compensation Commission shall not affect its powers. (3) The President shall designate one of the members to serve as Chairman and one to servo as Vice Chairman of the Workmen's Com pensation Commission. Estebilslment. Membership. CTL005907 64 SUT, 1617 Qnortvn. Study . Report to President mid Congr*.,;;. Hourlngs, 80 Slat. 378. c< USC 101. 5 USC 5101, 5331. <*Daw 91-596 - 28 - December 29, 1970 (4) Eight members of the Workmen's Compensation Commission shall constitute n quorum. (<1) (1) The Workmen's Compensation Commission shall undertake a comprehensive study and evaluation of State workmen's compen sation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation. Such study and evaluation shall include, without being limited to, the following subjects: (A) the amount and duration of permanent and temporary disability lienclits and the criteria for determining the mnximum limitations thereon, (II) the amount and duration of medicul benefits and provi sions insuring adequate medical care and free choice of physician, (C) the extent of coverage of workers, including exemptions based on numliers or ty|>c of employment, (I)) standards for determining which injui ies or diseases should be deemed compensable, (E) rehabilitation, (F) coverage under second or subsequent injury funds, (G) timelimits on tiling claims, (H) waiting periods, (1) compulsory or elective cov erage, (.1) administration, (K) legal expenses, (L) the feasibility and desirability of a uniform system of reporting information concerning job-relnted injuries and diseases and the operation of workmen's com|M>nsntion laws, (M) the resolution of conflict of laws, extraterritori ality and similar problems arising from claims with multistate aspects, (X) the extent to which private insurance carriers are excluded from supplying workmen's compensation coverage and the desirability of such exclusionary practices, to the extent they are found to exist, (O) the relationship between workmen's compensation on the one hand, and old-nge, disability, and survivors insurance and other types of insurance, public or private, on the other hand, (P) methods of imple menting the recommendations of the Commission. (2) The Workmen's Compensation Commission shall transmit to the President and to the Congress not later tlinn July 31, 1972, a final report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations as it deems advisable. (e)(1) The Workmen's Conilicnsntion Commission or, on the authorization of the Workmen's Compensation Commission, any sub committee or members thereof, may, for the purpose of carrying out the provisions of this title, hold such hearings, take such testimony, and sit ami act at such times and plnces as the Workmen's Compensa tion Commission deems ndvisnblc. Any member authorized by the Workmen's Compensation Commission may administer oaths or affir mations to witnesses appearing before the Workmen's Compensation Commission or any subcommittee or members thereof. (2) Finch department, agency, and instrumentality of the executive branch of the Government, including independent ngencics, is author ized and directed to furnish to the Workmen's Compensation Com mission, upon request made bv the Chairman or Vice Chairman, such information ns the Workmens Compensation Commission-deems nec essary to carry out its functions under this section. (f) Subject to such rules and regulations as mny be adopted by the Workmen's Compensation Commission, the Chairman shnll have the power to-- (1) appoint and fix the compensation of an executive director, and such additional staff personnel ns he deems necessary, with out regnrd to the provisions of title 5, United States Code, gov erning appointments in the competitive service, nnd without regnrd to tlie provisions of chapter 51 nnd subchnpter III of chap ter 53 of such title relnting to classification and General Schedule CTL005908 ember 29. 1970 -5 - Pub. Law 91-596 84 STAT. 1594 (2) The Secretary shall publish a proposed rule promulgating, Publication modifying, pr revoking an occupational safety or health standard in In Federal the Federal Register and shall afford interested persons a period of Register* thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary deter mines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee's recommendations or the expiration of the period prescribed by the Secretary for such submission. (3) On or before the last day of the period provided for the sub Hearing, mission of written data or comments under paragraph (2), any notloe. interested person mny file with the Secretary written objections to the proposed rule, stating the grounds therefor and requesting a public nearing on such objections. Within thirty days after the Inst day for Publication filing such objections, the Secretary shall publish in the F'ederal Regis In Federal ter a notice specifying the occupational safety or health standard to Register* which objections have been filed and a hearing requested, and specify ing a time and place for such hearing. (4) Within sixty days after the expiration of the period provided for the submission of written data or comments under paragraph (2), or within sixty days after the completion of any hearing held under paragraph (3), the Secretary shall issue a rule promulgating, modify ing, or revoking an occupational safety or health standard or make a determination that a rule should not be issued. Such a rule may con tain a provision delaying its effective date for such period (not in excess of ninety days) as the Secretary determines may be necessary to insure that affected employers and employees will be informed of the existence of the standard and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the standard. (5) The Secretary, in promulgating standards dealing with toxic Toxic materials or harmful physical agents under this subsection, shnll set materials* the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capncity even if such employee has regulnr exposure to the hazard dealt with by such stand ard for the period of his working life. Development of standards under this subsection shall be based upon research, demonstrations, experi ments, and such other information as mny be appropriate. In addition to the attainment of the highest degree of health and snfety protection for the employee, other considerations shall bo the latest available scientific data in the field, the feasibility of the standards, and experi ence gained under this nnd other health and snfety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. (0) (A) Any employer may apply to the Secretary for a temporary Temporary order granting a variance from a standard or any provision thereof variance promulgated under this section. Such temporary order shall be granted order* only if the employer files an application which meets the requirements of clause (B) and establishes that (i) he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the stnndnrd or because nccessnry construction or alteration of facilities cannot be completed by the effective date, (ii) he is taking all available steps to safeguard his employees agninst the hazards covered by the standard, and (iii) he has an effective pro gram for coming into compliance with the standard as quickly as CTL005885 milliner affect any workmen's compensation Jaw or to enlarge oJr diminish or affect in any otlier manner the common law or statutory lights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment. DUTIES Sec. 5. (a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. OCCUPATIONAL 8AFETY AND HEALTH STANDARDS Sec. 6. (a) Without regard to chapter 5 of title 5, United States 80 Stat. 381) Code, or to the other subsections of tnis section, the Secretary shall, 81 Stat. 195. 5 USC 500. as soon as practicable during the period beginning with the effective date of this Act and ending two years after such date, by rule promul gate as an occupational safety or health standard any national con sensus standard, and any established Federal standard, unless he deter mines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall pro mulgate the standard which assures the greatest protection of the safety or health of the affected employees. (b) The Secretary may by rule promulgate, modify, or revoke any occupational safety or healtn standard in the following manner: (1) Whenever the Secretary, upon the basis of information sub mitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-produeing organization, the Secretary of Health, Educa tion, and Welfare, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of informa tion developed by the Secretary or otherwise available to him, deter mines that a rule should be promulgated in order to serve the objec Advisory tives of this Act, the Secretary may request the recommendations of committal, an advisory committee appointed under section 7 of this Act. The Sec racommandations. retary shall provide suen an advisory committee with any proposals of his own or of the Secretary of Health, Education, and Welfare, together with all pertinent factual information developed by the Sec retary or the Secretary of Health, Education, and Welfare, or other wise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred ana seventy days. CTL005884 pay lutes, out at rates not m excess oi uie maximum rale lor GS-18 of the General Schedule under section 5332 of such title, and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. . ... (g) The Workmen's Compensation Commission is authorized to enter into contracts with Federal or Stat* agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. ., (h) Members of the Workmen's Compensation Commission shall receive compensation for each day they are engaged in the perform ance of their duties as members of the Workmen's Compensation Commission at the daily rate prescribed for GS-18 under section 5332 of title 5, United States Code, and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Workmen's Compensation Commission. (i) There are hereby authorized to be appropriated such sums as may be necessary to cariy out the provisions of this section. (j) On the ninetieth day after the date of submission of its final report to the President, the Workmen's Compensation Commission shall cease to exist. Ante, p. ivo-i . 80 Stat. 416. Contract author!zat1 on. CofflDans&tlon; travel ex panses . Appropriation. Termination. ECONOMIC ASSISTANCE TO SMALL BUSINESSES Sec. 28. (a) Section 7(b) of the Small Business Act, as amended, is amended-- (1) by striking out the period at the end of "paragraph (5)" and inserting in lieu thereof"; and"; and (2) by adding after paragraph (5) a new paragraph as follows: "(6) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) os the Administration muy determine to be necessary or appropriate to assist any small business concern in effecting additions to or alterations in the equipment, facil ities, or methods of operation of such business in order to comply with the applicable standards promulgated pursuant to section (I of the Occupational Safety and Health Act of 1970 or standards adopted by a State pursuant to a plan apprdved under section 18 of the Occupa tional Safety and Health Act of 1970, if the Administration deter mines that such concern is likely to suffer substantial economic injury without assistance under this paragraph." (b) The third sentence of section 7(b) of he Small Business Act, as amended, is amended by striking out "or (5)" after "paragraph (3)" and inserting a comma followed by "(5) or (6)". (c) Section 4(c)(1) of the Small Business Act, as amended, is amended by inserting "7(b) (6)," after "7(b) (5),". (d) Loans may also be made or guaranteed for the purposes set forth in section 7(b) (8) of the Small Business Act, as amended, pur suant to the provisions of section 202 of the Public Works and Eco nomic Development Act of 1965, as amended. 72 Stat. 387; 83 Stat. 802. 15 USC 636. 80 Stat. 132. 15 USC 633. 79 Stat. 556. 42 USC 3142. ADDITIONAL ASSISTANT SECRETARY Or LABOR Sec. 29. (a) Section 2 of the Act of April 17,1946 ( 60 Stat. 91) as amended (29U.S.C. 553) is amended by-- 75 Stat. 338. CTL005909 64 STAT. 1619 60 Stat. 462. 'Law 91-596 - 30 - December 29, 1970 (1) striking out "four" in the first sentence of such section and inserting in lieu thereof "five"; and (2) adding at the end thereof the following new sentence, "One of such Assistant Secretaries shall be an Assistant Secretary of Lalior for Occupational Safety and Health.". (b) Paragraph (20) of section 5315 of title 5, United States Code, is amended by striking out "(4)" and inserting in lieu thereof "(5)". ADDITIONAL TOSinONS Sec. 30. Section 5108(c) of title 5, United States Code, is amended (1) striking out the word "and" at the end of paragraph (8): (2) striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding immediately after paragraph (9) the following new paragraph: " (10) (A) the Secretary,of Labor, subject to the standards and procedures prcscrilied by this chapter, may place an addi tional twenty-five positions in the Department of Labor in GS-16, 17, and 18 for the purposes of carrying out his respon sibilities under the Occupational Safety and Health Act of 1970; "(1!) the Occupational Safety and Health Review Com mission, subject to the standards and procedures prescribed by this chapter, may place ten positions in GS-16,17, and 18 in carrying out its functions under the Occupational Safety and Health Art of 1970." 72 Stat. 7 7ri. 49 USC 1421 . EMEBOKNCY LOCATOR BF. \CONS Skc. 31. Section (if)I of the Federal Aviation Act of 1958 is amended by insert ing at the end thereof a new subsection as follows: "KMKnr.r.Ncr locator beacons "(d) (1) Kxccpt with respect to aircraft described in paragraph (2) of this subsection, minimum standards pursuant to this section shall include a requirement that emergency locator beacons shall be installed-- "(A) on any fixed-wing, powered aircraft for use in air com merce the manufacture of which is completed, or which is imported into the United States, after one year following the date of enactment of this subsection; and "(H) on any fixed-wing, powered aircraft used in air commerce after three years following such date. "(2) The provisions of this subsection shall not apply to jet|Kiwercd aircraft; aircraft used in air transportation (other than air taxis and charter aircraft) ; military aircraft; aircraft used solely for training purposes not involving flights more than twenty miles from its base; and aircraft used for the aerial application of chemicals." SEI'ARABILITY Set. 32. 1 f any provision of this Act, or the application of such pro vision to any person or circumstance, shall be held invalid, the remain der of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be a fleeted thereby. CTL005910 reember 29, 1970 -3 Pub. Law 91-596 and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formu lated in a manner which afforded an opportunity for diverse views to be considered and (3) has been designated as such a standard by the Secretary, after consultation with other appro priate Federal agencies. (10) The term "established Federal standard" means any oper ative occupational safety and health standard established by any agency of the United States and presently in effect, or contained in any Act of Congress in force on the date of enactment of this Act. (11) The term "Committee" means the National Advisory Committee on Occupational Safety and Health established under this Act. (12) The term "Director" means the Director of the National Institute for Occupational Safety and Health. (13) The term "Institute" means the National Institute for Occupational Safety and Henlth established under this Act. (14) The term "Workmen's Compensation Commission" means the National Commission on State Workmen's Compensation Laws established under this Act. APPLICABILITY OF THIS ACT Sec. 4. (a) This Act shall apply with respect to employment per formed in a workplace in a Stnte, the District of Columbia, the Com monwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The Secretary of the Inte rior shall, by regulation, provide for judicial enforcement of this Act by the courts established for areas in which there are no United States district courts having jurisdiction. (b)(1) Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies, nnd State agencies noting under section 274 of the Atomic Knergy Act, of 1954, as amended (42 U.S.C. 2021), exercise statutory authority to pre scribe or enforce standards or regulations affecting occupational safety or health. (2) The safety nnd health standards promulgated under the Act of June 30, 1936, commonly known as the Walsh-IIealev Act (41 U.S.C. 35 et. seq.), the Service Contract Act of 1965 (41 U.S.C. 351 ct. seq.). Public Law 91-54, Act of August 9, 1969 (40 U.S.C. 333), Public Law 85-742, Act of August 23, 1958 (33 U.S.C. 941), nnd the National Foundation on Arts and Humanities Act (20 U.S.C. 951 et seq.) are superseded on the effective date of corresponding standards, promulgated under this Act, which are determined by the Secretary to be more effective. Standards issued under the laws listed in this paragraph and in effect on or after the effective date of this Act shall be deemed to be occupational safety nnd health standards issued under this Act, ns well as under such other Acts. (3) The Secretary shall, within three years after the effective date of this Act, report to the Congress his recommendations for legisla tion to avoid unnecessary duplication and to achieve coordination between this Act nnd other Federal laws. 67 Stat, 462. 43 IEC 1331 note. 73 Stat, 688, 49 Stat. 2036. 79 Stat. 1034. 83 Stat. 96. 72 Stat. 835. 79 Stat. 845i Ante, p. 443. Report to Congress. CTL005883 occupational safety und health standards; (10) by providing nn effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this pro hibition ; (11) by encouraging the States to assume the fullest responsi bility for the administration and enforcement of their occupa tional safety and health laws by providing grants to the States to ussist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connec tion therewith; (12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem; (13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment. DEFINITIONS Sec. 3. For the purposes of this Act-- (1) The term "Secretary" mean the Secretary of Labor. (2) The term "Commission" means the Occupational Safety and Health Review Commission established under this Act. (3) The term "commerce" means trade, traffic, commerce, trans portation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof. (4) The term "person" means one or more individuals, partner ships, associations, corporations, business trusts, legal representa tives, or any organized group of persons. (5) The term "employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State. (6) The term "employee" means an employee of an employer who is employed in a business of his employer which affects commerce. (7) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. (8) The term "occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or proc esses, reasonably necessary or appropriate to provide sate or healthful employment and places of employment. (9) The term "national consensus standard" means any occupa tional safety and health standard or modification thereof which (1), has been adopted and promulgated by a nationally recog nized standards-producing organization under procedures where by it can be determined by the Secretary that persons interested CTL005882 APVllUl'Kl A riOXB Skc. 33. There are authorised to Ik.* appropriated to mny out this Art for each fiscal year such sums as the ('onjrress shall deem nercssar}. EFFECTIVE DATE Sec. 34. This Act shall take effect one hundred and twenty days afterthe date of its enactment. Approved December 23, 1970. O LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1291 accompanying H.R. 16785 (Comm, on Education and Labor) and No. 91-1765 (Comm, of Conference) . SENATE REPORT No. 91-1282 (Comm, on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 116 (1970)} Oct. 13, Nov. 16, 17, considered and passed Senate. Nov. 23, 24, considered and passed House, amended, in lieu of H.R. 16785. Dec. 16, Senate agreed to conference report. Dec. 17, House agreed to conference report. U. S. COVLKNMI-NT IMUNTING OKI HT 1-173 O - 522 (IBS CTL005911 Public Law 91-596 91st Congress, S. 2193 December 29, 1970 an act 84 STAT. 1590 To Bosun* mfe and healthful working conditions for working men and women; by authorizing enforcement of the standards develoiied under the Act; by aBaiatlng and encouraging the States in their efforts to assure safe and health ful working conditions; by providing for research, information, education, and training In the Held of occupational safety and health; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Occupational Safety and Health Act of 1970''. Oooupatlonal CONGRESSIONAL FINDIN08 AND PURPOSE Safety and Health Aot of 1970. Sec. (2) The Congress finds that personal injuries and illnesses aris ing out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. (b) The Congress declares it to be its purpose and policy, through tho exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources-- (1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; (2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achiev ing sate and healthful working conditions; (3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudi catory functions under the Act; (4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems; (6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health prob lems, in recognition of the fact that occupational health standards present problems often different from those involved in occupa tional safety; (7) by providing medical criteria which will assure insofar ns practicable that no employee will suffer diminished health, func tional capacity, or life expectancy as a result of his work experience; (8) by providing for training programs to increase the num ber and competence of personnel engaged in the field of occupa- CTL005881