OSH Act

SEC. 2. Congressional Findings and Purpose
(a) 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.
(b) 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 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 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 practicable 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; affecting the
OSH Act since its passage in 1970 through January 1, 2004.
(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;

29 USC 651

(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 Act, 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 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.

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6. Occupational Safety and Health Standards
29 USC 655:
(a) Without regard to chapter 5 of title 5, United States Code, 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 Act 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) 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 and Human Services, 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 Act, the Secretary may request the
recommendations of an advisory committee appointed under section 7 of this
Act. The Secretary shall provide such an advisory committee with any
proposals of his own or of the Secretary of Health and Human Services,
together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, 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 or 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 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, modifying, or revoking an
occupational safety or health standard or make a determination that a rule
should not be issued. Such a rule may contain 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 materials or
harmful physical agents under this subsection, shall set 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 capacity even if such employee has regular exposure to the
hazard dealt with by such standard for the period of his working life.
Development of standards under this subsection shall be based upon
research, demonstrations, experiments, and such other information as may
be appropriate. In addition to the attainment of the highest degree of health
and safety protection for the employee, other considerations shall be the
latest available scientific data in the field, the feasibility of the standards, and
experience gained under this and other health and safety laws. Whenever
practicable, the standard promulgated shall be expressed in terms of
objective criteria and of the performance desired.
(6) (A) Any employer may apply to the Secretary for a temporary order
granting a variance from a standard or any provision thereof promulgated
under this section. Such temporary order shall be granted 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 standard or because
necessary construction or alteration of facilities cannot be completed by the
effective date,
(ii) he is taking all available steps to safeguard his employees against the
hazards covered by the standard, and
(iii) he has an effective program for coming into compliance with the
standard as quickly as practicable.
Any temporary order issued under this paragraph shall prescribe the
practices, means, methods, operations, and 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 Secretary may issue one interim order to be effective until
a decision is made on the basis of the hearing. No temporary order may be in
effect for longer than the period needed by the employer to achieve

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compliance with the standard or one year, whichever is shorter, except that
such an order may be renewed not more that 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 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 representations 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,
(iii) 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 standard, and
(v) a certification that he has informed his employees of the application by
giving a copy thereof to their authorized representative, posting a
statement giving a summary of the application 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 contained 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 and
Human Services certifies, that such variance is necessary to permit an
employer to participate in an experiment approved by him or the Secretary
of Health and Human Services 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 necessary to insure that
employees are apprised of all hazards to which they are exposed, relevant
symptoms and appropriate emergency treatment, and proper conditions and
precautions of safe use or exposure. Where appropriate, such standard shall
also prescribe suitable protective 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
addition, where appropriate, any such standard shall prescribe the type and
frequency of medical examinations or other tests which shall be made
available, by the 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 the event such medical
examinations are in the nature of research, as determined by the Secretary of

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Health and Human Services, such examinations may be furnished at the
expense of the Secretary of Health and Human Services. The results of such
examinations or tests shall be furnished only to the Secretary or the
Secretary of Health and Human Services, and, at the request of the
employee, to his physician. The Secretary, in consultation with the Secretary
of Health and Human Services, may by rule promulgated pursuant to section
553 of title 5, United States Code, make appropriate modifications in the
foregoing requirements relating to the use of labels or other forms of
warning, monitoring or measuring, and medical examinations, as may be
warranted by experience, information, or medical or technological
developments acquired subsequent to the promulgation of the relevant
standard.
(8) Whenever a rule promulgated by the Secretary differs substantially from
an existing national consensus standard, the Secretary shall, at the same
time, publish in the Federal Register a statement of the reasons why the rule
as adopted will better effectuate the purposes of this Act than the national
consensus standard.
(c) (1) The Secretary shall provide, without regard to the requirements of
chapter 5, title 5, Unites States Code, for an emergency temporary standard to
take immediate effect upon publication in the Federal Register if he determines
-(A) that employees are exposed to grave danger from exposure to
substances or agents determined to be toxic or physically harmful or from
new hazards, and
(B) that such emergency standard is necessary to protect employees from
such danger.
(2) Such standard shall be effective until superseded by a standard
promulgated in accordance with the procedures prescribed in paragraph (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 publication of the emergency standard as
provided in paragraph (2) of this subsection.
(d) Any affected employer may apply to the Secretary for a rule or order for a
variance from a standard promulgated under this section. Affected employees
shall be given notice of each such application and an opportunity to participate
in a hearing. The Secretary shall issue such rule or order if he determines on
the record, after opportunity 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, and the practices, means, methods, operations, and

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processes which he must adopt and utilize to the extent they differ from the
standard in question. Such a rule or order may be modified 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 penalty 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 file a 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.
(g) In 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 recommendations of the Secretary of Health
and Human Services regarding the need for mandatory standards in
determining the priority for establishing such standards.

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SEC. 8. Inspections, Investigations, and Recordkeeping
(a) In order to carry out the purposes of this Act, the Secretary, upon
presenting appropriate credentials to the owner, operator, or agent in
charge, 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
(2) to inspect and 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 person
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 jurisdiction
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 failure
to obey such order of the court may be punished by said court as a
contempt thereof.
(c) (1) Each employer shall make, keep and preserve, and make
available to the Secretary or the Secretary of Health and Human
Services, such records regarding his activities relating to this Act as the
Secretary, in cooperation with the Secretary of Health and Human
Services, may prescribe by regulation as necessary or appropriate for
the enforcement of this Act or for developing information regarding the
causes and prevention of occupational accidents and illnesses. 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 requiring that employers,
through posting of notices or other appropriate means, keep their
employees informed of their protections and obligations under this Act,
including the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of Health and
Human Services, shall prescribe regulations requiring employers to
maintain accurate records of, and to make periodic reports on,
work-related deaths, injuries 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.

29 USC 657

(3) The Secretary, in cooperation with the Secretary of Health and
Human Services, 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 applicable occupational safety and health
standard promulgated under section 6, and shall inform any
employee who is being thus exposed of the corrective action being
taken.
(d) Any information obtained by the Secretary, the Secretary of Health
and Human Services, or a State agency under this Act 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 accompany the Secretary or his authorized
representative during the physical inspection of any workplace under
subsection (a) for the purpose of aiding such inspection. Where there is
no authorized employee representative, the Secretary or his authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the workplace.
(f) (1) Any employees or representative of employees who believe that
a violation of a safety or health 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 representative of such
violation or danger. Any such notice shall be reduced to writing, shall
set forth with reasonable particularity the grounds for the notice, and
shall be signed by the employees or representative of employees, and a
copy shall be provided the employer or his agent no later than at the
time of inspection, except that, 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, he
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 he shall notify the employees or
representative of the employees in writing of such determination.
(2) Prior to or during any inspection of a workplace, any employees

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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 Secretary 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 and Human Services are
authorized to compile, analyze, and publish, either in summary or
detailed form, all reports or information obtained under this section.
(2) The Secretary and the Secretary of Health and Human Services
shall each prescribe such rules and regulations as he may deem
necessary to carry out their responsibilities under this Act, including
rules and regulations dealing with the inspection of an employer's
establishment.
(h) The Secretary shall not use the results of enforcement activities,
such as the number of citations issued or penalties assessed, to
evaluate employees directly involved in enforcement activities under
this Act or to impose quotas or goals with regard to the results of such
activities.

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Pub. L. 105-198 added
subsection (h).