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

Page 183 TITLE 29—LABOR § 670 acting through the Director of the National In- stitute of Occupational Safety and Health, shall enhance and expand research as deemed appro- priate on the health and safety of workers who are at risk for bioterrorist threats or attacks in the workplace, including research on the health effects of measures taken to treat or protect such workers for diseases or disorders resulting from a bioterrorist threat or attack. Nothing in this section may be construed as establishing new regulatory authority for the Secretary or the Director to issue or modify any occupational safety and health rule or regulation. (Pub. L. 107–188, title I, § 153, June 12, 2002, 116 Stat. 631.) Editorial Notes CODIFICATION Section was enacted as part of the Public Health Se- curity and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Occupational Safety and Health Act of 1970 which comprises this chapter. § 670. Training and employee education (a) Authority of Secretary of Health and Human Services to conduct education and informa- tional 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) infor- mational programs on the importance of and proper use of adequate safety and health equip- ment. (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 pro- grams and consult and advise interested par- ties The Secretary, in consultation with the Sec- retary of Health and Human Services, shall (1) provide for the establishment and supervision of programs for the education and training of em- ployers and employees in the recognition, avoid- ance, and prevention of unsafe or unhealthful working conditions in employments covered by this chapter, and (2) consult with and advise em- ployers and employees, and organizations rep- resenting employers and employees as to effec- tive 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 plans approved under section 667 of this title; and (B) voluntary efforts that employers may undertake to establish and maintain safe and healthful employment and places of employ- ment. Such agreements may provide, as a condition of receiving funds under such agreements, for con- tributions by States towards meeting the costs of such agreements. (2) Pursuant to such agreements the State shall provide on-site consultation at the em- ployer’s worksite to employers who request such assistance. The State may also provide other education and training programs for employers and employees in the State. The State shall en- sure that on-site consultations conducted pursu- ant to such agreements include provision for the participation by employees. (3) Activities under this subsection shall be conducted independently of any enforcement ac- tivity. If an employer fails to take immediate action to eliminate employee exposure to an im- minent danger identified in a consultation or fails to correct a serious hazard so identified within a reasonable time, a report shall be made to the appropriate enforcement authority for such action as is appropriate. (4) The Secretary shall, by regulation after no- tice and opportunity for comment, establish rules under which an employer— (A) which requests and undergoes an on-site consultative visit provided under this sub- section; (B) which corrects the hazards that have been identified during the visit within the time frames established by the State and agrees to request a subsequent consultative visit if major changes in working conditions or work processes occur which introduce new hazards in the workplace; and (C) which is implementing procedures for regularly identifying and preventing hazards regulated under this chapter and maintains appropriate involvement of, and training for, management and non-management employees in achieving safe and healthful working condi- tions, may be exempt from an inspection (except an in- spection requested under section 657(f) of this title or an inspection to determine the cause of a workplace accident which resulted in the death of one or more employees or hospitaliza- tion for three or more employees) for a period of 1 year from the closing of the consultative visit. (5) A State shall provide worksite consulta- tions under paragraph (2) at the request of an employer. Priority in scheduling such consulta- tions shall be assigned to requests from small businesses which are in higher hazard industries or have the most hazardous conditions at issue in the request. (Pub. L. 91–596, § 21, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105–197, § 2, July 16, 1998, 112 Stat. 638.) Editorial Notes AMENDMENTS 1998—Subsec. (d). Pub. L. 105–197 added subsec. (d). Page 184 TITLE 29—LABOR § 671 Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (a) and (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. RETENTION OF TRAINING INSTITUTE COURSE TUITION FEES BY OSHA Provisions stating that notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administra- tion could retain up to $750,000 per fiscal year of train- ing institute course tuition fees, otherwise authorized by law to be collected, and could utilize such sums for occupational safety and health training and education grants, were contained in Department of Labor Appro- priations Act, 2006, Pub. L. 109–149, title I, Dec. 30, 2005, 119 Stat. 2839, and were repeated in provisions of subse- quent appropriations acts which are not set out in the Code. Similar provisions were also contained in the fol- lowing prior appropriations acts: Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat. 3118. Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat. 232. Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 303. Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2182. Pub. L. 106–554, § 1(a)(1) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–8. Pub. L. 106–113, div. B, § 1000(a)(4) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–222. Pub. L. 105–277, div. A, § 101(f) [title I], Oct. 21, 1998, 112 Stat. 2681–337, 2681–343. Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1474. Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept. 30, 1996, 110 Stat. 3009–233, 3009–239. Pub. L. 104–134, title I, § 101(d) [title I], Apr. 26, 1996, 110 Stat. 1321–211, 1321–217; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–333, title I, Sept. 30, 1994, 108 Stat. 2544. § 671. National Institute for Occupational Safety and Health (a) Statement of purpose It is the purpose of this section to establish a National Institute for Occupational Safety and Health in the Department of Health and Human Services in order to carry out the policy set forth in section 651 of this title and to perform the functions of the Secretary of Health and Human Services under sections 669 and 670 of this title. (b) Establishment; Director; appointment; term There is hereby established in the Department of Health and Human Services a National Insti- tute for Occupational Safety and Health. The In- stitute shall be headed by a Director who shall be appointed by the Secretary of Health and Human Services, and who shall serve for a term of six years unless previously removed by the Secretary of Health and Human Services. (c) Development and establishment of standards; performance of functions of Secretary of Health and Human Services The Institute is authorized to— (1) develop and establish recommended occu- pational safety and health standards; and (2) perform all functions of the Secretary of Health and Human Services under sections 669 and 670 of this title. (d) Authority of Director Upon his own initiative, or upon the request of the Secretary or the Secretary of Health and Human Services, the Director is authorized (1) to conduct such research and experimental pro- grams as he determines are necessary for the de- velopment of criteria for new and improved oc- cupational safety and health standards, and (2) after consideration of the results of such re- search and experimental programs make rec- ommendations concerning new or improved oc- cupational safety and health standards. Any oc- cupational safety and health standard rec- ommended pursuant to this section shall imme- diately be forwarded to the Secretary of Labor, and to the Secretary of Health and Human Serv- ices. (e) Additional authority of Director In addition to any authority vested in the In- stitute by other provisions of this section, the Director, in carrying out the functions of the In- stitute, is authorized to— (1) prescribe such regulations as he deems necessary governing the manner in which its functions shall be carried out; (2) receive money and other property do- nated, bequeathed, or devised, without condi- tion or restriction other than that it be used for the purposes of the Institute and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (3) receive (and use, sell, or otherwise dis- pose of, in accordance with paragraph (2)), money and other property donated, be- queathed or devised to the Institute with a condition or restriction, including a condition that the Institute use other funds of the Insti- tute for the purposes of the gift; (4) in accordance with the civil service laws, appoint and fix the compensation of such per- sonnel as may be necessary to carry out the provisions of this section; (5) obtain the services of experts and con- sultants in accordance with the provisions of section 3109 of title 5; (6) accept and utilize the services of vol- untary and noncompensated personnel and re- imburse them for travel expenses, including per diem, as authorized by section 5703 of title 5; (7) enter into contracts, grants or other ar- rangements, or modifications thereof to carry out the provisions of this section, and such contracts or modifications thereof may be en- tered into without performance or other bonds, and without regard to section 6101 of title 41 or any other provision of law relating to competitive bidding; (8) make advance, progress, and other pay- ments which the Director deems necessary under this title without regard to the provi- sions of section 3324(a) and (b) of title 31; and (9) make other necessary expenditures. (f) Annual reports The Director shall submit to the Secretary of Health and Human Services, to the President, and to the Congress an annual report of the op- erations of the Institute under this chapter, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as he deems appropriate.