Appendix A Legislation

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 2, 2001]

[Document not affected by Public Laws enacted between

January 2, 2001 and January 28, 2002]

[CITE: 29USC669]

TITLE 29--LABOR

CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH

Sec. 669. Research and related activities

(a) Authority of Secretary of Health and Human Services to conduct

research, experiments, and demonstrations, develop plans,

establish criteria, promulgate regulations, authorize programs,

and publish results and industrywide studies; consultations

(1) The Secretary of Health and Human Services, 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 and Human Services shall from time to

time consult with the Secretary in order to develop specific plans for

such research, demonstrations, and experiments as are necessary to

produce criteria, including criteria identifying toxic substances,

enabling the Secretary to meet his responsibility for the formulation of

safety and health standards under this chapter; and the Secretary of

Health and Human Services, 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 chapter.

(3) The Secretary of Health and Human Services, 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 employment, 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 and Human Services 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 which is

otherwise provided for in the operating provisions of this chapter. The

Secretary of Health and Human Services shall also conduct research into

the motivational and behavioral factors relating to the field of

occupational safety and health.

(5) The Secretary of Health and Human Services, 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 and Human

Services reasonably believes may endanger the health or safety of

employees. The Secretary of Health and Human Services also is authorized

to establish such programs of medical examinations and tests as may be

necessary for determining the incidence of occupational illnesses and

the susceptibility of employees to such illnesses. Nothing in this or

any other provision of this chapter shall be 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 the 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 and Human Services 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.

(6) The Secretary of Health and Human Services shall publish within

six months of December 29, 1970, and thereafter as needed but at 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. He 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 as

possible. If the Secretary of Health and Human Services 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 655 of this title, the Secretary of Health and Human Services

shall immediately submit such determination to the Secretary, together

with all pertinent criteria.

(7) Within two years of December 29, 1970, and annually thereafter

the Secretary of Health and Human Services shall conduct and publish

industrywide studies of the effect of chronic or low-level exposure to

industrial materials, processes, and stresses on the potential for

illness, disease, or loss of functional capacity in aging adults.

(b) Authority of Secretary of Health and Human Services to make

inspections and question employers and employees

The Secretary of Health and Human Services is authorized to make

inspections and question employers and employees as provided in section

657 of this title in order to carry out his functions and

responsibilities under this section.

(c) Contracting authority of Secretary of Labor; cooperation between

Secretary of Labor and Secretary of Health and Human Services

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 chapter. In carrying out his

responsibilities under this subsection, the Secretary shall cooperate

with the Secretary of Health and Human Services in order to avoid any

duplication of efforts under this section.

(d) Dissemination of information to interested parties

Information obtained by the Secretary and the Secretary of Health

and Human Services under this section shall be disseminated by the

Secretary to employers and employees and organizations thereof.

(e) Delegation of functions of Secretary of Health and Human Services to

Director of the National Institute for Occupational Safety and

Health

The functions of the Secretary of Health and Human Services under

this chapter shall, to the extent feasible, be delegated to the Director

of the National Institute for Occupational Safety and Health established

by section 671 of this title.

(Pub. L. 91-596, Sec. 20, Dec. 29, 1970, 84 Stat. 1610; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

Change of Name

``Secretary of Health and Human Services'' substituted in text for

``Secretary of Health, Education, and Welfare'' pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title

20, Education.

Section Referred to in Other Sections

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