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40 U.S.C. § 3704 — Health and safety standards in building trades and construction industry

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 3704 — Health and safety standards in building trades and construction industry

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Source file: Laws/federal/codes/united-states-code/title-40/section-3704-health-and-safety-standards-in-building-trades-and-construction-industry--ab473e9828.md
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Source location: Title 40, Chapter 37, § 3704; chapter-037-contract-work-hours-and-safety-standards.md

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**(a) Condition of Contracts.—** (1) **In general.—** — Each contract in an amount greater than $100,000 that is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), provided that the proceedings include a hearing similar in nature to that authorized by [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). (2) **Consultation.—** — In formulating standards under this section, the Secretary shall consult with the Advisory Committee created by subsection (d). **(b) Compliance.—** (1) **Actions to gain compliance.—** — The Secretary may make inspections, hold hearings, issue orders, and make decisions based on findings of fact as the Secretary considers necessary to gain compliance with this section and any health and safety standard the Secretary prescribes under subsection (a). For those purposes the Secretary and the United States district courts have the authority and jurisdiction provided by sections 6506 and 6507 of title 41. (2) **Remedy when noncompliance found.—** — When the Secretary, after an opportunity for an adjudicatory hearing by the Secretary, establishes noncompliance under this section of any condition of a contract described in— (A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract work, charging any additional cost to the original contractor; or (B) [section 3701(b)(1)(B)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701/b/1/B/iii&num=0&edition=prelim), the governmental agency which is providing the financial guarantee, assistance, or insurance for the contract work may withhold the guarantee, assistance, or insurance attributable to the performance of the contract. (3) **Nonapplicability.—** — [Section 3703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3703&num=0&edition=prelim) does not apply to the enforcement of this section. **(c) Repeated Violations.—** (1) **Transmittal of names of repeat violators to comptroller general.—** — When the Secretary, after an opportunity for an agency hearing, decides on the record that, by repeated willful or grossly negligent violations of this chapter, a contractor or subcontractor has demonstrated that subsection (b) is not effective to protect the safety and health of the employees of the contractor or subcontractor, the Secretary shall make a finding to that effect and, not sooner than 30 days after giving notice of the finding to all interested persons, shall transmit the name of the contractor or subcontractor to the Comptroller General. (2) **Ban on awarding contracts.—** — The Comptroller General shall distribute each name transmitted under paragraph (1) to all agencies of the Federal Government. Unless the Secretary otherwise recommends, the contractor, subcontractor, or any person in which the contractor or subcontractor has a substantial interest may not be awarded a contract subject to this section until three years have elapsed from the date the name is transmitted to the Comptroller General. The Secretary shall terminate the ban if, before the end of the three-year period, the Secretary, after affording interested persons due notice and an opportunity for a hearing, is satisfied that a contractor or subcontractor whose name was transmitted to the Comptroller General will comply responsibly with the requirements of this section. The Comptroller General shall inform all Government agencies after being informed of the Secretary’s action. (3) **Judicial review.—** — A person aggrieved by the Secretary’s action under this subsection or subsection (b) may file with the appropriate United States court of appeals a petition for review of the Secretary’s action within 60 days after receiving notice of the Secretary’s action. The clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary then shall file with the court the record on which the action is based. The findings of fact by the Secretary, if supported by substantial evidence, are final. The court may enter a decree enforcing, modifying, modifying and enforcing, or setting aside any part of, the order of the Secretary or the appropriate Government agency. The judgment of the court may be reviewed by the Supreme Court as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). **(d) Advisory Committee on Construction Safety and Health.—** (1) **Establishment.—** — There is an Advisory Committee on Construction Safety and Health in the Department of Labor. (2) **Composition.—** — The Committee is composed of nine members appointed by the Secretary, without regard to chapter 33 of title 5, as follows: (A) Three members shall be individuals representative of contractors to whom this section applies. (B) Three members shall be individuals representative of employees primarily in the building trades and construction industry engaged in carrying out contracts to which this section applies. (C) Three members shall be public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field. (3) **Chairman.—** — The Secretary shall appoint one member as Chairman. (4) **Duties.—** — The Committee shall advise the Secretary— (A) in formulating construction safety and health standards and other regulations; and (B) on policy matters arising in carrying out this section. (5) **Experts and consultants.—** — The Secretary may appoint special advisory and technical experts or consultants as may be necessary to carry out the functions of the Committee. (6) **Compensation and expenses.—** — Committee members are entitled to receive compensation at rates the Secretary fixes, but not more than $100 a day, including traveltime, when performing Committee business, and expenses under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1254 — Courts of appeals; certiorari; certified questions

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 3703 — Report of violations and withholding of amounts for unpaid wages and liquidated damages

**(a) Reports of Inspectors.—** An officer or individual designated as an inspector of the work to be performed under a contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim), or to aid in the enforcement or fulfillment of the contract, on observation or after investigation immediately shall report to the proper officer of the Federal Government, a territory of the United States, or the District of Columbia all violations of this chapter occurring in the performance of the work, together with the name of each laborer or mechanic who was required or permitted to work in violation of this chapter and the day the violation occurred. **(b) Withholding Amounts.—** (1) **Determining amount.—** — The amount of unpaid wages and liquidated damages owing under this chapter shall be determined administratively. (2) **Amount directed to be withheld.—** — The officer or individual whose duty it is to approve the payment of money by the Government, territory, or District of Columbia in connection with the performance of the contract work shall direct the amount of— (A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and (B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter. (3) **Payment.—** — The Secretary of Labor shall pay the amount administratively determined to be due directly to the laborers and mechanics from amounts withheld on account of underpayments of wages if the amount withheld is adequate. If the amount withheld is not adequate, the Secretary of Labor shall pay an equitable proportion of the amount due. **(c) Right of Act

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2112 — Record on review and enforcement of agency orders

**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply: (1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24312 — Labor standards

**(a) Prevailing Wages and Health and Safety Standards.—** Amtrak shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed under an agreement made under [section 24308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section24308/a&num=0&edition=prelim) will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. Amtrak may make such an agreement only after being assured that required labor standards will be maintained on the construction work. Health and safety standards prescribed by the Secretary under [section 3704 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3704&num=0&edition=prelim) apply to all construction work performed under such an agreement, except for construction work performed by a rail carrier. **(b) Wage Rates.—** Wage rates in a collective bargaining agreement negotiated under the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.) are deemed to comply with sections 3141–3144, 3146, and 3147 of title 40. **(c) Availability of Station Agents.—** (1) **In general.—** — Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building— (A) that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route; (B) where at least 1 Amtrak ticket agent was employ

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 3704 — Health and safety standards in building

Page 145 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3704 tory for which the contract work is done or which is providing financial assistance for the work, or to the Mayor of the District of Co- lumbia in the case of liquidated damages with- held for the use and benefit of the District. (2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head or Mayor may review the admin- istrative determination of liquidated damages. The agency head or Mayor may issue a final order affirming the determination or may rec- ommend to the Secretary of Labor that an ap- propriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for the liquidated dam- ages, if it is found that the amount is incor- rect or that the contractor or subcontractor violated this chapter inadvertently, notwith- standing the exercise of due care by the con- tractor or subcontractor and the agents of the contractor or subcontractor. (3) REVIEW BY SECRETARY.—The Secretary shall review all pertinent facts in the matter and may conduct any investigation the Sec- retary considers necessary in order to affirm or reject the recommendation. The decision of the Secretary is final. (4) JUDICIAL ACTION.—A contractor or sub- contractor aggrieved by a final order for the withholding of liquidated damages may file a claim in the United States Court of Federal Claims within 60 days after the final order. A final order of the agency head, Mayor, or Sec- retary is conclusive with respect to findings of fact if supported by substantial evidence. (e) APPLICABILITY OF OTHER LAWS.— (1) REORGANIZATION PLAN.—Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter. (2) SECTION 3145.—Section 3145 of this title ap- pl

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