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29 U.S.C. § 667 — State jurisdiction and plans

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

29 U.S.C. § 667 — State jurisdiction and plans

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Source file: Laws/federal/codes/united-states-code/title-29/section-667-state-jurisdiction-and-plans--96ae217dc2.md
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Source location: Title 29, Chapter 15, § 667; chapter-015-occupational-safety-and-health.md

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**(a) Assertion of State standards in absence of applicable Federal standards** Nothing in this chapter shall prevent any State agency or court from asserting jurisdiction under State law over any occupational safety or health issue with respect to which no standard is in effect under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim). **(b) Submission of State plan for development and enforcement of State standards to preempt applicable Federal standards** Any State which, at any time, desires to assume responsibility for development and enforcement therein of occupational safety and health standards relating to any occupational safety or health issue with respect to which a Federal standard has been promulgated under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim) shall submit a State plan for the development of such standards and their enforcement. **(c) Conditions for approval of plan** The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof, if such plan in his judgment— (1) designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State, (2) provides for the development and enforcement of safety and health standards relating to one or more safety or health issues, which standards (and the enforcement of which standards) are or will be at least as effective in providing safe and healthful employment and places of employment as the standards promulgated under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim) which relate to the same issues, and which standards, when applicable to products which are distributed or used in interstate commerce, are required by compelling local conditions and do not unduly burden interstate commerce, (3) provides for a right of entry and inspection of all workplaces subject to this chapter which is at least as effective as that provided in [section 657 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section657&num=0&edition=prelim), and includes a prohibition on advance notice of inspections, (4) contains satisfactory assurances that such agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards, (5) gives satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards, (6) contains satisfactory assurances that such State will, to the extent permitted by its law, establish and maintain an effective and comprehensive occupational safety and health program applicable to all employees of public agencies of the State and its political subdivisions, which program is as effective as the standards contained in an approved plan, (7) requires employers in the State to make reports to the Secretary in the same manner and to the same extent as if the plan were not in effect, and (8) provides that the State agency will make such reports to the Secretary in such form and containing such information, as the Secretary shall from time to time require. **(d) Rejection of plan; notice and opportunity for hearing** If the Secretary rejects a plan submitted under subsection (b), he shall afford the State submitting the plan due notice and opportunity for a hearing before so doing. **(e) Discretion of Secretary to exercise authority over comparable standards subsequent to approval of State plan; duration; retention of jurisdiction by Secretary upon determination of enforcement of plan by State** After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under sections 657, 658, 659, 662, and 666 of this title with respect to comparable standards promulgated under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), for the period specified in the next sentence. The Secretary may exercise the authority referred to above until he determines, on the basis of actual operations under the State plan, that the criteria set forth in subsection (c) are being applied, but he shall not make such determination for at least three years after the plan’s approval under subsection (c). Upon making the determination referred to in the preceding sentence, the provisions of sections 654(a)(2), 657 (except for the purpose of carrying out subsection (f) of this section), 658, 659, 662, and 666 of this title, and standards promulgated under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), shall not apply with respect to any occupational safety or health issues covered under the plan, but the Secretary may retain jurisdiction under the above provisions in any proceeding commenced under section 658 or 659 of this title before the date of determination. **(f) Continuing evaluation by Secretary of State enforcement of approved plan; withdrawal of approval of plan by Secretary; grounds; procedure; conditions for retention of jurisdiction by State** The Secretary shall, on the basis of reports submitted by the State agency and his own inspections make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Whenever the Secretary finds, after affording due notice and opportunity for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), he shall notify the State agency of his withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan. **(g) Judicial review of Secretary’s withdrawal of approval or rejection of plan; jurisdiction; venue; procedure; appropriate relief; finality of judgment** The State may obtain a review of a decision of the Secretary withdrawing approval of or rejecting its plan by the United States court of appeals for the circuit in which the State is located by filing in such court within thirty days following receipt of notice of such decision a petition to modify or set aside in whole or in part the action of the Secretary. A copy of such petition shall forthwith be served upon the Secretary, and thereupon the Secretary shall certify and file in the court the record upon which the decision complained of was issued as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Unless the court finds that the Secretary’s decision in rejecting a proposed State plan or withdrawing his approval of such a plan is not supported by substantial evidence the court shall affirm the Secretary’s decision. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). **(h) Temporary enforcement of State standards** The Secretary may enter into an agreement with a State under which the State will be permitted to continue to enforce one or more occupational health and safety standards in effect in such State until final action is taken by the Secretary with respect to a plan submitted by a State under subsection (b) of this section, or two years from December 29, 1970, whichever is earlier.

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

29 U.S.C. § 655 — Standards

**(a) Promulgation by Secretary of national consensus standards and established Federal standards; time for promulgation; conflicting standards** Without regard to chapter 5 of title 5 or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this chapter and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees. **(b) Procedure for promulgation, modification, or revocation of standards** The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner: (1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this chapter, the Secretary may request the recommendations of an advisory committee appointed under [section 656 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section656

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 655

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

29 U.S.C. § 657 — Inspections, investigations, and recordkeeping

**(a) Authority of Secretary to enter, inspect, and investigate places of employment; time and manner** In order to carry out the purposes of this chapter, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized— (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 (2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee. **(b) Attendance and testimony of witnesses and production of evidence; enforcement of subpoena** In making his inspections and investigations under this chapter 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 657

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112

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

29 U.S.C. § 670 — Training and employee education

**(a) Authority of Secretary of Health and Human Services to conduct education and informational programs; consultations** The Secretary of Health and Human Services, after consultation with the Secretary and with other appropriate Federal departments and agencies, shall conduct, directly or by grants or contracts (1) education programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter, and (2) informational programs on the importance of and proper use of adequate safety and health equipment. **(b) Authority of Secretary of Labor to conduct short-term training of personnel** The Secretary is also authorized to conduct, directly or by grants or contracts, short-term training of personnel engaged in work related to his responsibilities under this chapter. **(c) Authority of Secretary of Labor to establish and supervise education and training programs and consult and advise interested parties** The Secretary, in consultation with the Secretary of Health and Human Services, shall (1) 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 or unhealthful working conditions in employments covered by this chapter, and (2) consult with and advise employers and employees, and organizations representing employers and employees as to effective means of preventing occupational injuries and illnesses. **(d) Compliance assistance program** (1) The Secretary shall establish and support cooperative agreements with the States under which employers subject to this chapter may consult with State personnel with respect to— (A) the application of occupational safety and health requirements under this chapter or under State pl

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 670

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

29 U.S.C. § 671a — Workers’ family protection

**(a) Short title** This section may be cited as the “Workers’ Family Protection Act”. **(b) Findings and purpose** (1) **Findings** — Congress finds that— (A) hazardous chemicals and substances that can threaten the health and safety of workers are being transported out of industries on workers’ clothing and persons; (B) these chemicals and substances have the potential to pose an additional threat to the health and welfare of workers and their families; (C) additional information is needed concerning issues related to employee transported contaminant releases; and (D) additional regulations may be needed to prevent future releases of this type. (2) **Purpose** — It is the purpose of this section to— (A) increase understanding and awareness concerning the extent and possible health impacts of the problems and incidents described in paragraph (1); (B) prevent or mitigate future incidents of home contamination that could adversely affect the health and safety of workers and their families; (C) clarify regulatory authority for preventing and responding to such incidents; and (D) assist workers in redressing and responding to such incidents when they occur. **(c) Evaluation of employee transported contaminant releases** (1) **Study** (A) *In general* — Not later than 18 months after October 26, 1992, the Director of the National Institute for Occupational Safety and Health (hereafter in this section referred to as the “Director”), in cooperation with the Secretary of Labor, the Administrator of the Environmental Protection Agency, the Administrator of the Agency for Toxic Substances and Disease Registry, and the heads of other Federal Government agencies as determined to be appropriate by the Director, shall conduct a study to evaluate the p

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 671a

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

29 U.S.C. § 672 — Grants to States

**(a) Designation of State agency to assist State in identifying State needs and responsibilities and in developing State plans** The Secretary is authorized, during the fiscal year ending June 30, 1971, and the two succeeding fiscal years, to make grants to the States which have designated a State agency under [section 667 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section667&num=0&edition=prelim) to assist them— (1) in identifying their needs and responsibilities in the area of occupational safety and health, (2) in developing State plans under [section 667 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section667&num=0&edition=prelim), or (3) in developing plans for— (A) establishing systems for the collection of information concerning the nature and frequency of occupational injuries and diseases; (B) increasing the expertise and enforcement capabilities of their personnel engaged in occupational safety and health programs; or (C) otherwise improving the administration and enforcement of State occupational safety and health laws, including standards thereunder, consistent with the objectives of this chapter. **(b) Experimental and demonstration projects** The Secretary is authorized, during the fiscal year ending June 30, 1971, and the two succeeding fiscal years, to make grants to the States for experimental and demonstration projects consistent with the objectives set forth in subsection (a) of this section. **(c) Designation by Governor of appropriate State agency for receipt of grant** The Governor of the State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section. **(d) Submission of application** Any State agency

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 672

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

7 U.S.C. § 1943 — Purposes of loans

**(a) In general** A direct loan (including a microloan, as defined by the Secretary) may be made under this subchapter only for— (1) paying the costs incident to reorganizing a farm or ranch for more profitable operation; (2) purchasing livestock, poultry, or farm or ranch equipment; (3) purchasing feed, seed, fertilizer, insecticide, or farm or ranch supplies, or to meet other essential farm or ranch operating expenses, including cash rent; (4) financing land or water development, use, or conservation; (5) paying loan closing costs; (6) assisting a farmer or rancher in changing the equipment, facilities, or methods of operation of a farm or ranch to comply with a standard promulgated under [section 655 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim) or a standard adopted by a State under a plan approved under [section 667 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section667&num=0&edition=prelim), if the Secretary determines that without assistance under this paragraph the farmer or rancher is likely to suffer substantial economic injury in complying with the standard; (7) training a limited-resource borrower receiving a loan under [section 1934 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1934&num=0&edition=prelim) in maintaining records of farming and ranching operations; (8) training a borrower under [section 2006a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2006a&num=0&edition=prelim); (9) refinancing the indebtedness of a borrower, if the borrower— (A) has refinanced a loan under this subchapter not more than 4 times previously; and (B) (i) is a dire

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1943

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

29 U.S.C. § 667 — State jurisdiction and plans

Page 179 TITLE 29—LABOR § 667 (Pub. L. 91–596, § 16, Dec. 29, 1970, 84 Stat. 1606.) § 666. Civil and criminal penalties (a) Willful or repeated violation Any employer who willfully or repeatedly vio- lates the requirements of section 654 of this title, any standard, rule, or order promulgated pursuant to section 655 of this title, or regula- tions prescribed pursuant to this chapter may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation. (b) Citation for serious violation Any employer who has received a citation for a serious violation of the requirements of sec- tion 654 of this title, of any standard, rule, or order promulgated pursuant to section 655 of this title, or of any regulations prescribed pur- suant to this chapter, shall be assessed a civil penalty of up to $7,000 for each such violation. (c) Citation for violation determined not serious Any employer who has received a citation for a violation of the requirements of section 654 of this title, of any standard, rule, or order promul- gated pursuant to section 655 of this title, or of regulations prescribed pursuant to this chapter, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to $7,000 for each such violation. (d) Failure to correct violation Any employer who fails to correct a violation for which a citation has been issued under sec- tion 658(a) of this title within the period per- mitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review pro- ceeding under section 659 of this title initiated by the employer in good faith and not solely for delay or avoidan

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 667

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