(a)
(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.
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USC 669
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(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 Act; 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
Act.
(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 Act. 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 Act 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
enactment of this Act 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 6, 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 enactment of the Act, and annually thereafter
the Secretary of Health and Human Services 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.
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(b)
The Secretary of Health and Human Services 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 and Human Services in order
to avoid any duplication of efforts under this section.
(d)
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) The functions of the Secretary of Health
and Human Services 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.
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The
Secretary of Health and Human Services (referred to in this
section as the "Secretary"), acting through the Director
of the National Institute of Occupational Safety and Health, shall
enhance and expand research as deemed appropriate on the health
and safety of workers who are at risk for bioterrorist threats or
attacks in the workplace, including research on the health effects
of measures taken to treat or protect such workers for diseases or
disorders resulting from a bioterrorist threat or attack. Nothing
in this section may be construed as establishing new regulatory
authority for the Secretary or the Director to issue or modify any
occupational safety and health rule or regulation.
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USC 669a
Pub. L. 107-188, Title I, § 153 added
this text
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