29 Usc 651

§ 634

TITLE 29—LABOR
EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105–220, title III, § 341(d), Aug. 7, 1998, 112 Stat.
1092, provided that: ‘‘The amendments made by subsections (a), (b), and (c) [amending this section, section
791 of this title, and section 2000e–16 of Title 42, The
Public Health and Welfare] shall take effect on the date
of enactment of this Act [Aug. 7, 1998] and shall apply
to and may be raised in any administrative or judicial
claim or action brought before such date of enactment
but pending on such date, and any administrative or judicial claim or action brought after such date regardless of whether the claim or action arose prior to such
date, if the claim or action was brought within the applicable statute of limitations.’’

vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978,
44 F.R. 1053.

CHAPTER 15—OCCUPATIONAL SAFETY AND
HEALTH
Sec.

651.
652.
653.

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–1 effective 1 year after
Jan. 23, 1995, see section 1311(d) of Title 2, The Congress.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 5(f) of Pub. L. 95–256 provided that: ‘‘The
amendments made by this section [amending this section and sections 8335 and 8339 of Title 5, Government
Organization and Employees, and repealing section 3322
of Title 5] shall take effect on September 30, 1978, except that section 15(g) of the Age Discrimination in
Employment Act of 1967, as amended by subsection (e)
of this section [subsec. (g) of this section], shall take
effect on the date of enactment of this Act [Apr. 6,
1978].’’
EFFECTIVE DATE
Section effective May 1, 1974, see section 29(a) of Pub.
L. 93–259, set out as an Effective Date of 1974 Amendment note under section 202 of this title.

654.
655.
656.
657.
658.
659.
660.
661.
662.
663.
664.
665.
666.
667.
668.
669.
669a.

TRANSFER OF FUNCTIONS
‘‘Equal Employment Opportunity Commission’’ substituted for ‘‘Civil Service Commission’’ in subsecs. (b)
and (g) pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R.
19807, 92 Stat. 3781, set out in the Appendix to Title 5,
Government Organization and Employees, which transferred all functions vested by this section in Civil Service Commission to Equal Employment Opportunity
Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.
1053.

§ 634. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry
out this chapter.
(Pub. L. 90–202, § 17, formerly § 16, Dec. 15, 1967, 81
Stat. 608; renumbered and amended Pub. L.
93–259, § 28(a)(5), (b)(1), Apr. 8, 1974, 88 Stat. 74;
Pub. L. 95–256, § 7, Apr. 6, 1978, 92 Stat. 193.)
AMENDMENTS
1978—Pub. L. 95–256 struck out ‘‘, not in excess of
$5,000,000 for any fiscal year,’’ after ‘‘sums’’.
1974—Pub. L. 93–259, § 28(a)(5), increased appropriations authorization to $5,000,000 from $3,000,000.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–259 effective May 1, 1974,
see section 29(a) of Pub. L. 93–259, set out as a note
under section 202 of this title.
TRANSFER OF FUNCTIONS
Functions relating to age discrimination administration and enforcement vested by this section in Secretary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission
by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat.
3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as pro-

Page 148

670.
671.
671a.
672.
673.
674.

675.

676.
677.
678.

Congressional statement of findings and declaration of purpose and policy.
Definitions.
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.
Duties of employers and employees.
Standards.
Administration.
Inspections,
investigations,
and
recordkeeping.
Citations.
Enforcement procedures.
Judicial review.
Occupational Safety and Health Review Commission.
Injunction proceedings.
Representation in civil litigation.
Disclosure of trade secrets; protective orders.
Variations, tolerances, and exemptions from
required provisions; procedure; duration.
Civil and criminal penalties.
State jurisdiction and plans.
Programs of Federal agencies.
Research and related activities.
Expanded research on worker health and safety.
Training and employee education.
National Institute for Occupational Safety
and Health.
Workers’ family protection.
Grants to States.
Statistics.
Audit of grant recipient; maintenance of records; contents of records; access to books,
etc.
Annual reports by Secretary of Labor and
Secretary of Health and Human Services;
contents.
Omitted.
Separability.
Authorization of appropriations.

§ 651. Congressional statement of findings and
declaration of purpose and policy
(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;

Page 149

§ 652

TITLE 29—LABOR

(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 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;
(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.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(3), (11), and
(12), was in the original ‘‘this Act’’, meaning Pub. L.

91–596, Dec. 29, 1970, 84 Stat. 1590, as amended. For complete classification of this Act to the Code, see Short
Title note set out under this section and Tables.
EFFECTIVE DATE
Section 34 of Pub. L. 91–596 provided that: ‘‘This Act
[enacting this chapter and section 3142–1 of Title 42,
The Public Health and Welfare, amending section 553 of
this title, sections 5108, 5314, 5315, and 7902 of Title 5,
Government Organization and Employees, sections 633
and 636 of Title 15, Commerce and Trade, section 1114 of
Title 18, Crimes and Criminal Procedure, and section
1421 of former Title 49, Transportation, and enacting
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 OF 1998 AMENDMENT
Pub. L. 105–197, § 1, July 16, 1998, 112 Stat. 638, provided that: ‘‘This Act [amending section 670 of this
title] may be cited as the ‘Occupational Safety and
Health Administration Compliance Assistance Authorization Act of 1998’.’’
SHORT TITLE
Section 1 of Pub. L. 91–596 provided: ‘‘That this Act
[enacting this chapter and section 3142–1 of Title 42,
The Public Health and Welfare, amending section 553 of
this title, sections 5108, 5314, 5315, and 7902 of Title 5,
Government Organization and Employees, sections 633
and 636 of Title 15, Commerce and Trade, section 1114 of
Title 18, Crimes and Criminal Procedure, and section
1421 of former Title 49, Transportation, and enacting
provisions set out as notes under this section and section 1114 of Title 18] may be cited as the ‘Occupational
Safety and Health Act of 1970’.’’

§ 652. Definitions
For the purposes of this chapter—
(1) The term ‘‘Secretary’’ mean 1 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 (not including the United States
Postal Service) 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.
1 So

in original. Probably should be ‘‘means’’.