Public
Law 91-596
84 STAT. 1590
91st Congress, S.2193
December
29, 1970,
as amended through January 1, 2004. (1)
An
Act
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. |
Footnote (1) See Historical notes at the end of this document for changes and amendments affecting the OSH Act since its passage in 1970 through January 1, 2004.
SEC. 8. Inspections, Investigations, and Recordkeeping |
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(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized -- |
29 USC 657 |
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(1)
to enter without delay and at reasonable times any factory, plant,
establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an employer;
and |
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(b)
In making his inspections and investigations under this Act the
Secretary may require the attendance and testimony of witnesses
and the production of evidence under oath. Witnesses shall be paid
the same fees and mileage that are paid witnesses in the courts of
the United States. In case of a contumacy, failure, or refusal of
any person to obey such an order, any district court of the United
States or the United States courts of any territory or possession,
within the jurisdiction of which such person is found, or resides
or transacts business, upon the application by the Secretary,
shall have jurisdiction to issue to such person an order requiring
such person to appear to produce evidence if, as, and when so
ordered, and to give testimony relating to the matter under
investigation or in question, and any failure to obey such order
of the court may be punished by said court as a contempt
thereof. |
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(2)
The Secretary, in cooperation with the Secretary of Health and
Human Services, shall prescribe regulations requiring employers to
maintain accurate records of, and to make periodic reports on,
work-related deaths, injuries and illnesses other than minor
injuries requiring only first aid treatment and which do not
involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job. |
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(d)
Any information obtained by the Secretary, the Secretary of Health
and Human Services, or a State agency under this Act shall be
obtained with a minimum burden upon employers, especially those
operating small businesses. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent
feasible. |
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(2) Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary's final disposition of the case. |
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(g) (1) The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section. |
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(2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment. |
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(h) The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this Act or to impose quotas or goals with regard to the results of such activities. |
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SEC. 2. Congressional Findings and Purpose |
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(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. |
29 USC 651 |
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(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; (2) by providing that employers
and employees have separate but dependent responsibilities and
rights with respect to achieving safe and healthful working
conditions; |
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SEC. 24. Statistics |
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(a)
In order to further the purposes of this Act, the Secretary, in
consultation with the Secretary of Health and Human Services,
shall develop and maintain an effective program of collection,
compilation, and analysis of occupational safety and health
statistics. Such program may cover all employments whether or not
subject to any other provisions of this Act but shall not cover
employments excluded by section 4 of the Act. The Secretary shall
compile accurate statistics on work injuries and illnesses which
shall include all disabling, serious, or significant injuries and
illnesses, whether or not involving loss of time from work, other
than minor injuries requiring only first aid treatment and which
do not involve medical treatment, loss of consciousness,
restriction of work or motion, or transfer to another job. |
29 USC 673 |
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(1)
promote, encourage, or directly engage in programs of studies,
information and communication concerning occupational safety and
health statistics; |
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(c)
The Federal share for each grant under subsection (b) of this
section may be up to 50 per centum of the State's total cost. |
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SEC. 25. Audits |
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(a)
Each recipient of a grant under this Act shall keep such records
as the Secretary or the Secretary of Health and Human Services
shall prescribe, including records which fully disclose the amount
and disposition by such recipient of the proceeds of such grant,
the total cost of the project or undertaking in connection with
which such grant is made or used, and the amount of that portion
of the cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effective
audit. |
29 USC 674 |
SEC. 26. Annual Report |
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Within one hundred and twenty days following the convening of each regular session of each Congress, the Secretary and the Secretary of Health and Human Services shall each prepare and submit to the President for transmittal to the Congress a report upon the subject matter of this Act, the progress toward achievement of the purpose of this Act, the needs and requirements in the field of occupational safety and health, and any other relevant information. Such reports shall include information regarding occupational safety and health standards, and criteria for such standards, developed during the preceding year; evaluation of standards and criteria previously developed under this Act, defining areas of emphasis for new criteria and standards; an evaluation of the degree of observance of applicable occupational safety and health standards, and a summary of inspection and enforcement activity undertaken; analysis and evaluation of research activities for which results have been obtained under governmental and nongovernmental sponsorship; an analysis of major occupational diseases; evaluation of available control and measurement technology for hazards for which standards or criteria have been developed during the preceding year; description of cooperative efforts undertaken between Government agencies and other interested parties in the implementation of this Act during the preceding year; a progress report on the development of an adequate supply of trained manpower in the field of occupational safety and health, including estimates of future needs and the efforts being made by Government and others to meet those needs; listing of all toxic substances in industrial usage for which labeling requirements, criteria, or standards have not yet been established; and such recommendations for additional legislation as are deemed necessary to protect the safety and health of the worker and improve the administration of this Act. |
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File Type | application/msword |
File Title | Public Law 91-596 |
Author | clarke_cynthia |
Last Modified By | SYSTEM |
File Modified | 2019-08-22 |
File Created | 2019-08-22 |