29 U.S.C. § 654 — Duties of employers and employees

Page 167 TITLE 29—LABOR § 655 Sept. 29, 1965, 79 Stat. 845, known as the National Foun- dation on the Arts and the Humanities Act of 1965, which is classified principally to subchapter I (§ 951 et seq.) of chapter 26 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 20 and Tables. The effective date of this chapter, referred to in sub- sec. (b)(2), (3), is the effective date of Pub. L. 91–596, which is 120 days after Dec. 29, 1970, see section 34 of Pub. L. 91–596, set out as an Effective Date note under section 651 of this title. Statutory Notes and Related Subsidiaries EPA ADMINISTRATOR NOT EXERCISING ‘‘STATUTORY AU- THORITY’’ UNDER THIS SECTION IN EXERCISING ANY AUTHORITY UNDER TOXIC SUBSTANCES CONTROL ACT In exercising any authority under the Toxic Sub- stances Control Act (15 U.S.C. 2601 et seq.) in connec- tion with amendment made by section 15(a) of Pub. L. 101–637, the Administrator of the Environmental Pro- tection Agency not, for purposes of subsection (b)(1) of this section, to be considered to be exercising statutory authority to prescribe or enforce standards or regula- tions affecting occupational safety and health, see sec- tion 15(b) of Pub. L. 101–637, set out as a note under sec- tion 2646 of Title 15, Commerce and Trade. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 654. Duties of employers and employees (a) Each employer— (1) shall furnish to each of his employees em- ployment and a place of employment which are free from recognized hazards that are caus- ing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupa- tional safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct. (Pub. L. 91–596, § 5, Dec. 29, 1970, 84 Stat. 1593.) § 655. Standards (a) Promulgation by Secretary of national con- sensus 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 de- termines that the promulgation of such a stand- ard 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, mod- ify, 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 orga- nization 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, deter- mines 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. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent fac- tual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of re- search, demonstrations, and experiments. An ad- visory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Sec- retary, but in no event for a period which is longer than two hundred and seventy days. (2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occu- pational safety or health standard in the Fed- eral Register and shall afford interested persons a period of thirty days after publication to sub- mit written data or comments. Where an advi- sory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee’s rec- ommendations or the expiration of the period prescribed by the Secretary for such submission. (3) On or before the last day of the period pro- vided for the submission of written data or com- ments under paragraph (2), any interested per- son may file with the Secretary written objec- tions to the proposed rule, stating the grounds therefor and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice speci- fying the occupational safety or health standard to which objections have been filed and a hear- ing requested, and specifying a time and place for such hearing. (4) Within sixty days after the expiration of the period provided for the submission of writ- ten data or comments under paragraph (2), or within sixty days after the completion of any hearing held under paragraph (3), the Secretary shall issue a rule promulgating, modifying, or revoking an occupational safety or health stand- ard or make a determination that a rule should not be issued. Such a rule may contain a provi- sion delaying its effective date for such period (not in excess of ninety days) as the Secretary determines may be necessary to insure that af-