29 USC 670 Sec. 21 Training and Employee Education

21 - Training and Employee Education

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OSH Act of 1970
OSH Act of 1970 - Table of Contents

SEC. 21. Training and Employee Education
(a) The Secretary of Health and Human Services, after consultation with the Secretary and with
other appropriate Federal departments and agencies, shall conduct, directly or by grants or
contracts --

29 USC
670

(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 adequate safety and health
equipment.
(b) The Secretary is also 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 and Human
Services, 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

Pub. L.
105-97,
§2 added
(2) consult with and advise employers and employees, and organizations representing employers subsection
and employees as to effective means of preventing occupational injuries and illnesses.
(d). See
Historical
notes.
(d) (1) The Secretary shall establish and support cooperative agreements with the States under
which employers subject to this Act may consult with State personnel with respect to -(A) the application of occupational safety and health requirements under this Act or under
State plans approved under section 18; and
(B) voluntary efforts that employers may undertake to establish and maintain safe and
healthful employment and places of employment. Such agreements may provide, as a
condition of receiving funds under such agreements, for contributions by States towards
meeting the costs of such agreements.
(2) Pursuant to such agreements the State shall provide on-site consultation at the employer's
worksite to employers who request such assistance. The State may also provide other education
and training programs for employers and employees in the State. The State shall ensure that onsite consultations conducted pursuant to such agreements include provision for the participation
by employees.
(3) Activities under this subsection shall be conducted independently of any enforcement activity.
If an employer fails to take immediate action to eliminate employee exposure to an imminent
danger identified in a consultation or fails to correct a serious hazard so identified within a
reasonable time, a report shall be made to the appropriate enforcement authority for such action
as is appropriate.
(4) The Secretary shall, by regulation after notice and opportunity for comment, establish rules
under which an employer --

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21 - Training and Employee Education

(A) which requests and undergoes an on-site consultative visit provided under this subsection;
(B) which corrects the hazards that have been identified during the visit within the time
frames established by the State and agrees to request a subsequent consultative visit if
major changes in working conditions or work processes occur which introduce new hazards in
the workplace; and
(C) which is implementing procedures for regularly identifying and preventing hazards
regulated under this Act and maintains appropriate involvement of, and training for,
management and non-management employees in achieving safe and healthful working
conditions, may be exempt from an inspection (except an inspection requested under section
8(f) or an inspection to determine the cause of a workplace accident which resulted in the
death of one or more employees or hospitalization for three or more employees) for a period
of 1 year from the closing of the consultative visit.
(5) A State shall provide worksite consultations under paragraph (2) at the
request of an employer. Priority in scheduling such consultations shall be
assigned to requests from small businesses which are in higher hazard industries or have the
most hazardous conditions at issue in the request.

OSH Act of 1970 - Table of Contents

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