33 USC Ch 18 Sec 941

Page 307

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

agency for the use of the personnel and facilities
thereof in the administration of this chapter.
The Secretary may make such arrangements as
may be deemed advisable by him for the payment of expenses of such board, commission, or
other agency, incurred in the administration of
this chapter pursuant to this section, and for
the payment of salaries to such board, commission, or other agency, or the members thereof,
and may pay any amounts agreed upon to the
proper officers of the State, upon vouchers approved by the Secretary.
(b) Appointment in Territories and District of
Columbia; compensation
In any Territory of the United States or in the
District of Columbia a person holding an office
under the United States may be appointed deputy commissioner and for services rendered as
deputy commissioner may be paid compensation, in addition to that he is receiving from the
United States, in an amount fixed by the Secretary in accordance with chapter 51 and subchapter III of chapter 53 of title 5.
(c) Transfers to other districts; temporary details
Deputy commissioners (except deputy commissioners appointed under subsection (a) of
this section) may be transferred from one compensation district to another and may be temporarily detailed from one compensation district
for service in another in the discretion of the
Secretary.
(d) Maintaining offices
Each deputy commissioner shall maintain and
keep open during reasonable business hours an
office, at a place designated by the Secretary,
for the transaction of business under this chapter, at which office he shall keep his official
records and papers. Such office shall be furnished and equipped by the Secretary, who shall
also furnish the deputy commissioner with all
necessary clerical and other assistants, records,
books, blanks, and supplies. Wherever practicable such office shall be located in a building
owned or leased by the United States; otherwise
the Secretary shall rent suitable quarters.
(e) Records and papers
If any deputy commissioner is removed from
office, or for any reason ceases to act as such
deputy commissioner, all of his official records
and papers and office equipment shall be transferred to his successor in office or, if there be no
successor, then to the Secretary or to a deputy
commissioner designated by the Secretary.
(f) Conflict of interest
Neither a deputy commissioner or Board member nor any business associate of a deputy commissioner or Board member shall appear as attorney in any proceeding under this chapter, and
no deputy commissioner or Board member shall
act in any such case in which he is interested, or
when he is employed by any party in interest or
related to any party in interest by consanguinity or affinity within the third degree, as
determined by the common law.
(Mar. 4, 1927, ch. 509, § 40, 44 Stat. 1443; Oct. 28,
1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub.
L. 92–576, § 15(j), Oct. 27, 1972, 86 Stat. 1262; Pub.
L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

§ 941

Editorial Notes
CODIFICATION
In subsec. (b) ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act
of 1949, as amended’’ on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.
AMENDMENTS
1984—Subsecs. (a) to (e). Pub. L. 98–426 substituted
‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title.
1972—Subsec. (f). Pub. L. 92–576 inserted references to
Board member.
1949—Subsec. (b). Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984,
see section 28(e)(1) of Pub. L. 98–426, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–576 effective 30 days after
Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as
a note under section 902 of this title.
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
TRANSFER OF FUNCTIONS
For transfer of functions to the Secretary of Labor,
see note set out under section 902 of this title.

§ 941. Safety rules and regulations
(a) Safe place of employment; installation of safety devices and safeguards
Every employer shall furnish and maintain
employment and places of employment which
shall be reasonably safe for his employees in all
employments covered by this chapter and shall
install, furnish, maintain, and use such devices
and safeguards with particular reference to
equipment used by and working conditions established by such employers as the Secretary
may determine by regulation or order to be reasonably necessary to protect the life, health,
and safety of such employees, and to render safe
such employment and places of employment,
and to prevent injury to his employees. However, the Secretary may not make determinations by regulation or order under this section
as to matters within the scope of title 52 of the
Revised Statutes and Acts supplementary or
amendatory thereto, the Act of June 15, 1917 (ch.
30, 40 Stat. 220), as amended, or section 1333(e) of
title 43.
(b) Studies and investigations by Secretary
The Secretary, in enforcing and administering
the provisions of this section, is authorized in
addition to such other powers and duties as are
conferred upon him—
(1) to make studies and investigations with
respect to safety provisions and the causes and
prevention of injuries in employments covered
by this chapter, and in making such studies

§ 941

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

and investigations to cooperate with any
agency of the United States or with any State
agency engaged in similar work;
(2) to utilize the services of any agency of
the United States or any State agency engaged in similar work (with the consent of
such agency) in connection with the administration of this section;
(3) to promote uniformity in safety standards in employments covered by this chapter
through cooperative action with any agency of
the United States or with any State agency
engaged in similar work;
(4) to 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 working conditions in employments covered by this chapter, and to consult with and
advise employers as to the best means of preventing injuries;
(5) to hold such hearings, issue such orders,
and make such decisions, based upon findings
of fact, as are deemed to be necessary to enforce the provisions of this section, and for
such purposes the Secretary and the district
courts shall have the authority and jurisdiction provided by subsections (b) to (f) of section 6507 of title 41 and the Secretary shall be
represented in any court proceedings as provided in section 921a of this title.
(c) Inspection of places and practices of employment
The Secretary or his authorized representative
may inspect such places of employment, question such employees, and investigate such conditions, practices, or matters in connection with
employment subject to this chapter, as he may
deem appropriate to determine whether any person has violated any provision of this section, or
any rule or regulation issued thereunder, or
which may aid in the enforcement of the provisions of this section. No employer or other person shall refuse to admit the Secretary or his
authorized representatives to any such place or
shall refuse to permit any such inspection.
(d) Requests for advice; variations from safety
rules and regulations
Any employer may request the advice of the
Secretary or his authorized representative, in
complying with the requirements of any rule or
regulation adopted to carry out the provisions
of this section. In case of practical difficulties or
unnecessary hardships, the Secretary in his discretion may grant variations from any such rule
or regulation, or particular provisions thereof,
and permit the use of other or different devices
if he finds that the purpose of the rule or regulation will be observed by the variation and the
safety of employees will be equally secured
thereby. Any person affected by such rule or regulation, or his agent, may request the Secretary
to grant such variation, stating in writing the
grounds on which his request is based. Any authorization by the Secretary of a variation shall
be in writing, shall describe the conditions
under which the variation shall be permitted,
and shall be published as provided in section 552
of title 5. A properly indexed record of all variations shall be kept in the office of the Secretary and open to public inspection.

Page 308

(e) Jurisdiction to restrain violations
The United States district courts shall have
jurisdiction for cause shown, in any action
brought by the Secretary, represented as provided in section 921a of this title, to restrain
violations of this section or of any rule, regulation, or order of the Secretary adopted to carry
out the provisions of this section.
(f) Violations and penalties
Any employer who, willfully, violates or fails
or refuses to comply with the provisions of subsection (a) of this section, or with any lawful
rule, regulation, or order adopted to carry out
the provisions of this section, and any employer
or other person who willfully interferes with,
hinders, or delays the Secretary or his authorized representative in carrying out his duties
under subsection (c) of this section by refusing
to admit the Secretary or his authorized representative to any place, or to permit the inspection or examination of any employment or
place of employment, or who willfully hinders or
delays the Secretary or his authorized representative in the performance of his duties in
the enforcement of this section, shall be guilty
of an offense, and, upon conviction thereof, shall
be punished for each offense by a fine of not less
than $100 nor more than $3,000; and in any case
where such employer is a corporation, the officer who willfully permits any such violation to
occur shall be guilty of an offense, and, upon
conviction thereof, shall be punished also for
each offense by a fine of not less than $100 nor
more than $3,000. The liability hereunder shall
not affect any other liability of the employer
under this chapter.
(g) Inapplicability to certain employments
(1) The provisions of this section shall not
apply in the case of any employment relating to
the operations for the exploration, production,
or transportation by pipeline of mineral resources upon the navigable waters of the United
States, nor under the authority of the Act of
August 7, 1953 (ch. 345, 67 Stat. 462) [43 U.S.C.
1331 et seq.], nor in the case of any employment
in connection with lands (except filled in, made
or reclaimed lands) beneath the navigable waters as defined in the Act of May 22, 1953 (ch. 65,
67 Stat. 29) [43 U.S.C. 1301 et seq.], nor in the
case of any employment for which compensation
in case of disability or death is provided for employees under the authority of the Act of May
17, 1928 (ch. 612, 45 Stat. 600), as amended, nor
under the authority of the Act of August 16, 1941
(ch. 357, 55 Stat. 622), as amended [42 U.S.C. 1651
et seq.].
(2) The provisions of this section, with the exception of paragraph (1) of subsection (b), shall
not be applied under the authority of subchapter
I of chapter 81 of title 5.
(Mar. 4, 1927, ch. 509, § 41, 44 Stat. 1444; Pub. L.
85–742, § 1, Aug. 23, 1958, 72 Stat. 835; Pub. L.
97–375, title I, § 110(b), Dec. 21, 1982, 96 Stat. 1820.)
Editorial Notes
REFERENCES IN TEXT
Title 52 of the Revised Statutes, referred to in subsec.
(a), consisted of R.S. §§ 4399 to 4500, which were classi-

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

fied to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229,
230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384,
385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440,
451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to
498 of former Title 46, Shipping. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables.
A majority of such sections of the Revised Statutes
were repealed and various provisions thereof were reenacted in Title 46, Shipping, by Pub. L. 98–89, Aug. 26,
1983, 97 Stat. 500. For disposition of sections of former
Title 46 into revised Title 46, see Disposition Table preceding section 101 of Title 46.
Act of June 15, 1917, referred to in subsec. (a), is act
June 15, 1917, ch. 30, 40 Stat. 217, as amended. For complete classification of this Act to the Code, see Tables.
Act of August 7, 1953, referred to in subsec. (g)(1), is
known as the Outer Continental Shelf Lands Act, and
is classified to subchapter III (§ 1331 et seq.) of chapter
29 of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title note set out
under section 1301 of Title 43 and Tables.
Act of May 22, 1953, referred to in subsec. (g)(1), is
known as the Submerged Lands Act, and is classified
generally to subchapters I and II (§§ 1301 et seq., 1311 et
seq.) of chapter 29 of Title 43. For complete classification of this Act to the Code, see Short Title note set
out under section 1301 of Title 43 and Tables.
Act of May 17, 1928, referred to in subsec. (g)(1), extended the applicability of this chapter in respect to
the injury or death of an employee of an employer carrying on any employment in the District of Columbia.
Act of August 16, 1941, referred to in subsec. (g)(1), is
known as the Defense Base Act and is classified generally to chapter 11 (§ 1651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 1651 of Title 42 and Tables.
CODIFICATION
In subsec. (b)(5), ‘‘subsections (b) to (f) of section 6507
of title 41’’ substituted for ‘‘section 5 of the Act of June
30, 1936 (ch. 881, 49 Stat. 2036), as amended,’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.
In subsec. (d) ‘‘section 552 of title 5’’ substituted for
‘‘section 3 of the Administrative Procedure Act (ch. 324,
60 Stat. 237), as amended’’, and in subsec. (g)(2) ‘‘subchapter I of chapter 81 of title 5’’ substituted for ‘‘the
Act of September 7, 1916 (ch. 458, 39 Stat. 742), as
amended’’, on authority of Pub. L. 89–554, § 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees. Said
section 3 of the Administrative Procedure Act had been
classified to section 1002 of former Title 5, Executive
Departments and Government Officers and Employees.
Said act of Sept. 7, 1916, was known as the ‘‘Federal
Employees’ Compensation Act’’ and had been classified
to section 751 et seq. of former Title 5.
As originally enacted, subsec. (e) contained the
phrase ‘‘, together with the District Court for the Territory of Alaska,’’ following ‘‘the United States district
courts’’. The phrase has been deleted as superfluous in
view of Pub. L. 85–508, July 7, 1958, 72 Stat. 339 (set out
as a note preceding section 21 of Title 48, Territories
and Insular Possessions) which admitted Alaska into
the union and enacted section 81A of Title 28, Judiciary
and Judicial Procedure, constituting Alaska as one judicial district and in view of section 132 of Title 28
which provides that: ‘‘There shall be in each judicial
district a district court which shall be a court of record
known as the United States District Court for the district.’’
AMENDMENTS
1982—Subsec. (b)(1). Pub. L. 97–375 struck out ‘‘and
from time to time make to Congress such recommendations as he may deem proper as to the best means of
preventing such injuries’’ after ‘‘by this chapter’’.
1958—Pub. L. 85–742 amended section generally and,
among other changes, empowered the Secretary of

§ 943

Labor to prescribe, by regulation or order, safety rules
for the furnishing and maintenance of safe places of
employment and for the installation, furnishing and
maintenance of safety devices and safeguards, authorized the Secretary to provide for the establishment and
supervision of safety programs, permitted the inspection of places of employment and investigation of employment conditions and practices, granted jurisdiction
to the district courts to restrain violations of this section or of any rules, regulations or orders of the Secretary, and to prescribe penalties for violations.
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Pub. L. 85–742, § 2, Aug. 23, 1958, 72 Stat. 837, provided
that: ‘‘The term ‘Secretary’ as used in this Act and in
amendments made by this Act [to this section] means
the Secretary of Labor.’’

§ 942. Annual report
The Secretary shall make to Congress at the
end of each fiscal year,1 a report of the administration of this chapter for the preceding fiscal
year, including a detailed statement of receipts
of and expenditures from the fund established in
section 944 of this title, together with such recommendations as the Secretary deems advisable. Such report shall include the annual report
required under section 936(b) of title 30 and shall
be identified as the Annual Report of the Office
of Workers’ Compensation Programs.
(Mar. 4, 1927, ch. 509, § 42, as added Pub. L. 98–426,
§ 23, Sept. 28, 1984, 98 Stat. 1653; amended Pub. L.
104–66, title I, § 1102(b)(1), Dec. 21, 1995, 109 Stat.
722.)
Editorial Notes
PRIOR PROVISIONS
A prior section 942, act Mar. 4, 1927, ch. 509, § 42, 44
Stat. 1444, related to travel and subsistence expenses.
See section 5701 et seq. of Title 5, Government Organization and Employees.
AMENDMENTS
1995—Pub. L. 104–66 substituted ‘‘end of each fiscal
year’’ for ‘‘beginning of each regular session, commencing at the beginning of the second regular session
after September 28, 1984’’ and inserted at end ‘‘Such report shall include the annual report required under section 936(b) of title 30 and shall be identified as the Annual Report of the Office of Workers’ Compensation
Programs.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Sept. 28, 1984, see section 28(e)(1) of
Pub. L. 98–426, set out as an Effective Date of 1984
Amendment note under section 901 of this title.

§ 943. Repealed. Pub. L. 89–348, § 1(15), Nov. 8,
1965, 79 Stat. 1311
Section, act Mar. 4, 1927, ch. 509, § 43, 44 Stat. 1444, required Secretary to make a report to Congress at beginning of each regular session of the administration of
this chapter for preceding fiscal year, including a detailed statement of receipts of and expenditures from
funds established in sections 944 and 945 of this title.
1 So

in original. The comma probably should not appear.