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§ 631. Age limits.

The prohibitions in this chapter shall be limited to individuals who are at least forty years of age but less than sixty-years of age. (Pub. L. 90–202, § 12, Dec. 15, 1967, 81 Stat. 607.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 622 of this title.

§ 632. Annual report to Congress.

The Secretary shall submit annually in January a report to the Congress covering his activities for the preceding year and including such information, data and recommendations for further legislation in connection with the matters covered by this chapter as he may find advisable. Such report shall contain an evaluation and appraisal by the Secretary of the effect of the minimum and maximum ages established by this chapter, together with his recommendations to the Congress. In making such evaluation and appraisal, the Secretary shall take into consideration any changes which may have occurred in the general age level of the population, the effect of the chapter upon workers not covered by its provisions and such other factors as he may deem pertinent. (Pub. L. 90202, § 13, Dec. 15, 1967, 81 Stat. 607.)

§ 633. Federal-State relationship.

(a) Federal action superseding State action.

Nothing in this chapter shall affect the jurisdiction of any agency of any State performing like functions with regard to discriminatory employment practices on account of age except that upon commencement of action under this chapter such action shall supersede any State action.

(b) Limitation of Federal action upon commencement of State proceedings.

In the case of an alleged unlawful practice occuring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under section 626 of this title before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State law. If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State authority. (Pub. L. 90–202, § 14, Dec. 15, 1967, 81 Stat. 607.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

§ 634. Authorization of appropriations.

There are hereby authorized to be appropriated such sums, not in excess of $3,000,000 for any fiscal year, as may be necessary to carry out this chapter. (Pub. L. 90-202, § 16, Dec. 15, 1967, 81 Stat. 608.)

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653. Geographic applicability; judicial

enforcement;

applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law of statutory rights, duties, or liabilities of employers and employees unaffected.

654. Duties of employers and employees. 655. Standards.

(a) Promulgation by Secretary of national consensus standards and established Federal standards, time for promulgation; conflicting standards.

(b) Procedure for promulgation, modification, or
revocation of standards.

(c) Emergency temporary standards.
(d) Variances from standards; procedure.
(e) Statement of reasons for Secretary's deter-
minations; publication in Federal Register.
(f) Judicial review.

(g) Priority for establishment of standards. 656. Administration. (a) National Advisory Committee on Occupational Safety and Health; establishment; membership, appointment; Chairman; functions; meetings; compensation; secretarial and clerical personnel.

(b) Advisory committees; appointment; duties;
membership; compensation; reimbursement
to member's employer; meetings; availabil-
ity of records; conflict of interest.
(c) Use of services, facilities, and personnel of
Federal, State, and local agencies; reim-
bursement; employment of experts and con-
sultants or organizations; renewal of con-
tracts; compensation; travel expenses.

657. Inspections, investigations, and recordkeeping.
(a) Authority of Secretary to enter, inspect, and
investigate places of employment; time

and manner.

(b) Attendance and testimony of witnesses and production of evidence; enforcement of subpoena.

(c) Maintenance, preservation, and availability of records; issuance of regulations; scope of records; periodic inspections by employer; posting of notices by employer; notification of employee of corrective action. (d) Obtaining of information. (e) Employer and authorized employee representatives to accompany Secretary or his authorized representative on inspection of workplace; consultation with employees where no authorized employee representative is present.

(f) Request for inspection by employees or representative of employees; grounds; procedure; determination of request; notification of of Secretary or representative prior to or during any inspection of violations; procedure for review or refusal by representative of Secretary to issue citation for alleged violations.

(g) Compilation, analysis, and publication of reports and information; rules and regulations.

658. Citations.

(a) Authority to issue; grounds; contents; notice in lieu of citation for de minimis violations. (b) Posting.

(c) Time for issuance.

Sec.

659. Enforcement procedures. (a) Notification of employer of proposed assessment of penalty subsequent to issuance of citation; time for notification of Secretary by employer of contest by employer of citation or proposed assessment; citation and proposed assessment as final order upon failure of employer to notify of contest and failure of employees to file notice. (b) Notification of employer of failure to correct in allotted time period violation for which citation was issued and proposed assessment of penalty for failure to correct; time for notification of Secretary by employer of contest by employer of notification of failure to correct or proposed assessment; notification or proposed assessment as final order upon failure of employer to notify of contest. (c) Advisement of Commission by Secretary of

notification of contest by employer of citation or notification or of filing of notice by any employee or representative of employees, hearing by Commission; orders of Commission and Secretary; rules of procedure.

660. Judicial review. (a) Filing of petition by persons adversely affected or aggrieved; orders subject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; appropriate relief; finality of judgment.

(b) Filing of petition by Secretary; orders subject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; enforcement of orders; contempt proceedings.

(c) Discharge or discrimination against employee for exercise of rights under this chapter; prohibition; procedure for relief.

661. Occupational Safety and Health Review Commission. (a) Establishment; membership; appointment;

Chairman.

(b) Terms of office; removal by President.

(c) Principal office; hearings or other proceedings at other places.

(d) Functions and duties of Chairman; appointment and compensation of hearing examiners and other employees.

(e) Quorum; official action.

(f) Hearings and records open to public; promulgation of rules; applicability of Federal Rules of Civil Procedure.

(g) Depositions and production of documentary evidence; fees.

(h) Investigatory powers.

(1) Hearing examiner; determination; report as final order of Commission.

(1) Appointment and compensation of hearing examiners.

662. Injunction proceedings.

(a) Petition by Secretary to restrain imminent dangers; scope of order.

(b) Appropriate injunctive relief or temporary re-
straining order pending outcome of enforce-
ment proceeding; applicability of rule 65 of
Federal Rules of Civil Procedure.

(c) Notification of affected employees and employ-
ers by inspector of danger and of recom-
mendation to Secretary to seek relief.
(d) Failure of Secretary to seek relief; writ of
mandamus.

663. Representation in civil litigation.

664. Disclosure of trade secrets; protective orders.

665. Variations, tolerances, and exemptions from required

provisions; procedure; duration.

666. Civil and criminal penalties. 667. State jurisdiction and plans.

(a) Assertion of State standards in absence of applicable Federal standards.

(b) Submission of State plan for development and enforcement of State standards to preempt applicable Federal standards.

Sec. 667. State jurisdiction and plans.-Continued (c) Conditions for approval of plan.

(d) Rejection of plan; notice and opportunity for hearing.

(e) Discretion of Secretary to exercise authority over comparable standards subsequent to approval of State plan; duration; retention of jurisdiction by Secretary upon determination of enforcement of plan by State. (f) Continuing evaluation by Secretary of State enforcement of approved plan; withdrawal of approval of plan by Secretary; grounds; procedure; conditions for retention of jurisdiction by State.

(g) Judicial review of Secretary's withdrawal of approval or rejection of plan; jurisdiction; venue; procedure; appropriate relief; finality of judgment.

(h) Temporary enforcement of State standards. 668. Programs of Federal agencies.

(a) Establishment, development and maintenance by head of each Federal agency.

(b) Report by Secretary to President; report by President to Congress.

(c) Access by Secretary to records and reports required of agencies.

669. Research and related activities.

(a) Authority of Secretary of Health, Education, and Welfare to conduct research, experiments, and demonstrations, develop plans, establish criteria, promulgate regulations, authorize programs, and publish results and industrywide studies; consultations.

(b) Authority of Secretary of Health, Education, and Welfare to make inspections and question employers and employees.

(c) Contracting authority of Secretary of Labor; cooperation between Secretary of Labor and Secretary of Health, Education, and Welfare. (d) Dissemination of information to interested parties.

(e) Delegation of functions of Secretary of Health, Education, and Welfare to Director of the National Institute for Occupational Safety and Health.

670. Training and employee education.

(a) Authority of Secretary of Health, Education, and Welfare to conduct education and informational programs; consultations.

(b) Authority of Secretary of Labor to conduct short-term training of personnel.

(c) Authority of Secretary of Labor to establish and supervise education and training programs and consult and advise interested parties.

671. National Institute for Occupational Safety and Health.

(a) Statement of purpose.

(b) Establishment; Director; appointment; term. (c) Development and establishment of standards; performance of functions of Secretary of Health, Education, and Welfare.

(d) Authority of Director.

(e) Additional authority of Director.
(f) Annual reports.

672. Grants to States.

(a) Designation of State agency to assist State in identifying State needs and responsibilities and in developing State plans.

(b) Experimental and demonstration projects. (c) Designation by Governor of appropriate State agency for receipt of grant.

(d) Submission of application.

(e) Approval or rejection of application. (f) Federal share.

(g) Administration and enforcement of programs contained in approved State plans; Federal

share.

(h) Report to President and Congress.

Sec.

673. Statistics.

(a) Development and maintenance of program of
collection, compilation, and analysis; em-
ployments subject to coverage; scope.
(b) Authority of Secretary to promote, encourage,
or engage in programs, make grants, and
grant or contract for research and investiga-
tions.

(c) Federal share for grants.

(d) Utilization by Secretary of State or local services, facilities, and employees; consent; reimbursement.

(e) Reports by employers.

(f) Supersedure of agreements between Department of Labor and States for collection of statistics.

674. Audit of grant recipient; maintenance of records; contents of records; access to books, etc.

675. Annual reports by Secretary of Labor and Secretary of Health, Education, and Welfare; contents. 676. National Commission on State Workmen's Compensation Laws.

(a) Congressional declaration of policy; statement of purposes.

(b) Establishment.

(c) Composition; membership; appointment; vacancies; Chairman and Vice Chairman; quorum. (d) Comprehensive study and evaluation of State workmen's compensation laws; areas of study evaluation; final report to President and Congress; contents.

(e) Hearings; witnesses; administration of oaths; furnishing of information by departments, agencies, and instrumentalities of Federal executive branch.

(f) Appointment and compensation of executive director and additional staff personnel; temporary and intermittent employment of experts and consultants.

(g) Contracting authority.

(h) Compensation and travel expenses of members.

(1) Authorization of appropriations.

(1) Termination.

677. Separability of provisions.

678. Authorization of appropriations.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 5108. § 651. Congressional statement of findings and declaration of purpose and policy.

The Congress finds that personal injuries and illnesses arising 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.

The Congress declares it to be its purpose and policy, through the 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 achieving safe 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 adjudicatory functions under this chapter;

(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 problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;

(7) by providing medical criteria which will assure insofar as particable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;

(8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health;

(9) by providing for the development and promulgation of occupational safety and health standards;

(10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;

(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this chapter, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith;

(12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this chapter 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.

(Pub. L. 91-596, § 2, Dec. 29, 1970, 84 Stat. 1590)

EFFECTIVE DATE

Section 34 of Pub. L. 91-596 provided that: "This Act [which enacted this chapter and section 3142-1 of Title 42, amended section 553 of this title, sections 5108, 5314, 5315, and 7902 of Title 5, sections 633 and 636 of Title 15, section 1114 of Title 18, and section 1421 of Title 49, and

enacted provisions set out as notes under this section and section 1114 of Title 18] shall take effect one hundred and twenty days after the date of its enactment [Dec. 29, 1970]."

SHORT TITLE

Section 1 of Pub. L. 91-596 provided: "That this Act [which enacted this chapter and section 3142-1 of Title 42, amended section 553 of this title, sections 5108, 5314, 5315, and 7902 of Title 5, sections 633 and 636 of Title 15, section 1114 of Title 18, and section 1421 of Title 49, and enacted provisions set out as notes under this section and section 1114 of Title 18, and section 1421 of Title 49, and tional Safety and Health Act of 1970'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 671 of this title.

§ 652. Definitions.

For the purposes of this chapter

(1) The term "Secretary" mean the Secretary of Labor.

(2) The term "Commission" means the Occupational Safety and Health Review Commission established under this chapter.

(3) The term "commerce" means trade, traffic, commerce, transportation, 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, partnerships, associations, corporations, business trusts, legal representatives, 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 processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

(9) The term "national consensus standard" means any occupational safety and health standard or modification thereof which (1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated 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 appropriate Federal agencies.

(10) The term "established Federal standard" means any operative 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 December 29, 1970.

(11) The term "Committee" means the National Advisory Committee on Occupational Safety and Health established under this chapter.

(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 Health established under this chapter.

(14) The term "Workmen's Compensation Commission" means the National Commission on State Workmen's Compensation Laws established under this chapter.

(Pub. L. 91-596, § 3, Dec. 29, 1970, 84 Stat. 1591.)

EFFECTIVE Date

Section effective 120 day after Dec. 29, 1970, see section 34 of Pub. L. 91-596, set out as a note under section 651 of this title.

§ 653. Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected.

(a) This chapter shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Lake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement of this chapter by the courts established for areas in which there are no United States district courts having jurisdiction.

(b) (1) Nothing in this chapter shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 2021 of Title 42, exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.

(2) The safety and health standards promulgated under the Act of June 30, 1936, commonly known as the Walsh-Healey Act, the Service Contract Act of 1965, Public Law 91-54, Act of August 9, 1969, Public Law 85-742, Act of August 23, 1958, and the National Foundation on Arts and Humanities Act are superseded on the effective date of corresponding standards, promulgated under this chapter, 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 chapter shall be deemed to be occupational safety and health standards issued under this, as well as under such other Acts.

(3) The Secretary shall, within three years after the effective date of this chapter, report to the Congress his recommendations for legislation to avoid unnecessary duplication and to achieve coordination between this chapter and other Federal laws.

(4) Nothing in this chapter shall be construed to supersede or in any manner affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, 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. (Pub. L. 91-596, § 4, Dec. 29, 1970, 84 Stat. 1592.)

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in subsec. (a), is classified to section 1331 et seq. of Title 43, Public Lands.

The Act of June 30, 1936, commonly known as the Walsh-Healey Act, referred to in subsec. (b) (2), is classified to sections 35 to 45 of Title 41, Public Contracts. The Service Contract Act of 1965, referred to in subsec. (b) (2), is classified to chapter 6 of Title 41.

Public Law 91-54, Act of August 9, 1969, referred to in subsec. (b) (2), is classified to section 333 of Title 40, Public Buildings, Property, and Works.

Public Law 85-742, Act of August 23, 1958, referred to in subsec. (b) (2), is classified to section 941 of Title 33, Navigation and Navigable Waters.

The National Foundation on Arts and Humanities Act, referred to in subsec. (b) (2), is classified to section 951 et seq. of Title 20, Education.

The effective date of this chapter, referred to in subsec. (b) (2), (3), is the effective date of Pub. L. 91-596, which is 120 days after Dec. 29, 1970.

EFFECTIVE DATE

Section effective 120 days after Dec. 29, 1970, see section 34 of Pub. L. 91-596, set out as a note under section 651 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 673 of this title. § 654. Duties of employers and employees.

(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 chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct. (Pub. L. 91-596, § 5, Dec. 29, 1970, 84 Stat. 1593.)

EFFECTIVE DATE

Section effective 120 days after Dec. 29, 1970, see section 34 of Pub. L. 91-596, set out as a note under section 651 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 658, 666 of this title.

§ 655. Standards.

(a) Promulgation by Secretary of national consensus standards and established Federal standards; time for promulgation; conflicting standards. Without regard to chapter 5 of Title 5 or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this chapter and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal

standard, unless he determines 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 promulgate the standard which assures the greatest protection of the safety or health of the affected employees.

(b) Procedure for promulgation, modification, or revocation of standards.

The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:

(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health, Education, and Welfare, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this chapter, the Secretary may request the recommendations of an advisory committee appointed under section 656 of this title. The Secretary shall provide such 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 Secretary or the Secretary of Health, Education, and Welfare, or otherwise 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 and seventy days.

(2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines 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 on before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefore and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing.

(4) Within sixty days after the expiration of the period provided for the submission of written data

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