33 U.S.C. § 940 — Deputy commissioners

Page 312 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 940 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 REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 940. Deputy commissioners (a) Appointment; use of personnel and facilities of boards, commissions, or other agencies; expenses and salaries The Secretary may appoint as deputy commis- sioners any member of any board, commission, or other agency of a State to act as deputy com- missioner for any compensation district or part thereof in such State, and may make arrange- ments with such board, commission, or other 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 pay- ment 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, commis- sion, or other agency, or the members thereof, and may pay any amounts agreed upon to the proper officers of the State, upon vouchers ap- proved 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 dep- uty commissioner and for services rendered as deputy commissioner may be paid compensa- tion, in addition to that he is receiving from the United States, in an amount fixed by the Sec- retary in accordance with chapter 51 and sub- chapter III of chapter 53 of title 5. (c) Transfers to other districts; temporary details Deputy commissioners (except deputy com- missioners appointed under subsection (a) of this section) may be transferred from one com- pensation district to another and may be tempo- rarily 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 chap- ter, at which office he shall keep his official records and papers. Such office shall be fur- nished 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 prac- ticable 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 trans- ferred 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 mem- ber nor any business associate of a deputy com- missioner or Board member shall appear as at- torney 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 consan- guinity 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.) Editorial Notes CODIFICATION In subsec. (b) ‘‘chapter 51 and subchapter III of chap- ter 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 Func- tions 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 ‘‘Clas- sification 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 sec- tion, 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 safe- ty 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 es- tablished by such employers as the Secretary