First Supporting Legislation

Attachment A1:

Occupational Safety and Health Act of 1970

To assure safe and healthful working conditions for working men and women; by authorizing enforcement of

the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and

healthful working conditions; by providing for research, information, education, and training in the field 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."

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Section 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 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 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 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, 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 which is otherwise provided for in the operating provisions of this Act. The 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.

(5) 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 may 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 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 Act shall be deemed to authorize or require

medical examination, immunization, or treatment for those who object there to 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, 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.

(6) The Secretary of Health, Education, and Welfare shall publish within six months of enactment of this

Act and there after 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, 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 the Act, and annually there after the Secretary of Health, Education,

and Welfare shall conduct and publish industry wide 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) The Secretary of Health, Education, and Welfare is authorized to make inspections and question employers

and employees as provided in section 8 of this Act in order to carry out his functions and responsibilities 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 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 disseminated by the Secretary to employers and employees and organizations thereof.

(e) The functions of the Secretary of Health, Education, and Welfare 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.