33 U.S.C. § 939 — Administration by Secretary

Page 310 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 936 in the same manner and to the same extent as upon the employer. (Mar. 4, 1927, ch. 509, § 35, 44 Stat. 1441; Pub. L. 92–576, § 15(i), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–426 substituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. 1972—Pub. L. 92–576 inserted reference to the Board in cls. (2) and (3). 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. § 936. Insurance policies (a) Every policy or contract of insurance issued under authority of this chapter shall con- tain (1) a provision to carry out the provisions of section 935 of this title, and (2) a provision that insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract. (b) No contract or policy of insurance issued by a carrier under this chapter shall be canceled prior to the date specified in such contract or policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the deputy commissioner and to the employer in accordance with the provisions of subsection (c) of section 912 of this title. (Mar. 4, 1927, ch. 509, § 36, 44 Stat. 1441.) § 937. Certificate of compliance with chapter No stevedoring firm shall be employed in any compensation district by a vessel or by hull owners until it presents to such vessel or hull owners a certificate issued by a deputy commis- sioner assigned to such district that it has com- plied with the provisions of this chapter requir- ing the securing of compensation to its employ- ees. Any person violating the provisions of this section shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and impris- onment. (Mar. 4, 1927, ch. 509, § 37, 44 Stat. 1442.) § 938. Penalties (a) Failure to secure payment of compensation Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprison- ment as herein provided for the failure of such corporation to secure the payment of compensa- tion; and such president, secretary, and treas- urer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of com- pensation as required by section 932 of this title. (b) Avoiding payment of compensation Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his em- ployees has been injured within the purview of this chapter, and with intent to avoid the pay- ment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprison- ment; and in any case where such employer is a corporation, the president, secretary, and treas- urer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine. (c) Effect on other liability of employer This section shall not affect any other liabil- ity of the employer under this chapter. (Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442; June 25, 1938, ch. 685, § 14, 52 Stat. 1168; Pub. L. 98–426, § 22, Sept. 28, 1984, 98 Stat. 1653.) Editorial Notes AMENDMENTS 1984—Subsecs. (a), (b). Pub. L. 98–426 substituted ‘‘$10,000’’ for ‘‘$1,000’’ wherever appearing. 1938—Act June 25, 1938, amended section generally, designating first sentence as subsec. (a) and inserting provisions respecting liability of corporate officers, adding subsec. (b), and designating second sentence as subsec. (c). 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. § 939. Administration by Secretary (a) Prescribing rules and regulations; appointing and fixing compensation of employees; mak- ing expenditures Except as otherwise specifically provided, the Secretary shall administer the provisions of this chapter, and for such purpose the Secretary is authorized (1) to make such rules and regula- tions; (2) to appoint and fix the compensation of such temporary technical assistants and med- ical advisers, and, subject to the provisions of the civil service laws, to appoint, and, in accord- ance with chapter 51 and subchapter III of chap- Page 311 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 939 1 See References in Text note below. ter 53 of title 5, to fix the compensation of such deputy commissioners (except deputy commis- sioners appointed under subsection (a) of section 940 of this title) and other officers and employ- ees; and (3) to make such expenditures (includ- ing expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, and for printing and binding) as may be necessary in the administration of this chapter. All expenditures of the Secretary in the administration of this chapter shall be allowed and paid as provided in section 945 1 of this title upon the presentation of itemized vouchers therefor approved by the Secretary. (b) Establishing compensation districts The Secretary shall establish compensation districts, to include the high seas and the areas within the United States to which this chapter applies, and shall assign to each such district one or more deputy commissioners, as the Sec- retary deems advisable. Judicial proceedings under sections 918 and 921 of this title in respect of any injury or death occurring on the high seas shall be instituted in the district court within whose territorial jurisdiction is located the office of the deputy commissioner having ju- risdiction in respect of such injury or death (or in the United States District Court for the Dis- trict of Columbia if such office is located in such District). (c) Furnishing information and assistance; di- recting vocational rehabilitation (1) The Secretary shall, upon request, provide persons covered by this chapter with informa- tion and assistance relating to the chapter’s coverage and compensation and the procedures for obtaining such compensation and including assistance in processing a claim. The Secretary may, upon request, provide persons covered by this chapter with legal assistance in processing a claim. The Secretary shall also provide em- ployees receiving compensation information on medical, manpower, and vocational rehabilita- tion services and assist such employees in ob- taining the best such services available. (2) The Secretary shall direct the vocational rehabilitation of permanently disabled employ- ees and shall arrange with the appropriate pub- lic or private agencies in States or Territories, possessions, or the District of Columbia for such rehabilitation. The Secretary may in his discre- tion furnish such prosthetic appliances or other apparatus made necessary by an injury upon which an award has been made under this chap- ter to render a disabled employee fit to engage in a remunerative occupation. Where necessary rehabilitation services are not available other- wise, the Secretary of Labor may, in his discre- tion, use the fund provided for in section 944 of this title in such amounts as may be necessary to procure such services, including necessary prosthetic appliance or other apparatus. This fund shall also be available in such amounts as may be authorized in annual appropriations for the Department of Labor for the costs of admin- istering this subsection. (Mar. 4, 1927, ch. 509, § 39, 44 Stat. 1442; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; July 26, 1956, ch. 735, § 7, 70 Stat. 656; Pub. L. 92–576, § 17, Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), (c), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes REFERENCES IN TEXT Section 945 of this title, referred to in subsec. (a), was repealed by Pub. L. 98–426, § 25, Sept. 28, 1984, 98 Stat. 1654. See section 944 of this title. CODIFICATION In subsec. (a) ‘‘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. As originally enacted, subsec. (b) contained a ref- erence to the Supreme Court of the District of Colum- bia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Columbia’’ for ‘‘the Supreme Court of the District of Columbia’’, and act June 25, 1948, as amended by act May 24, 1949, sub- stituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. Former second sentence of subsec. (c), providing that the Federal Board for Vocational Education should co- operate with the Employees’ Compensation Commis- sion in such educational work has been omitted. The functions of the Board were transferred to the Depart- ment of the Interior by Ex. Ord. No. 6166, § 15, June 10, 1933, and then to the Federal Security Agency by Reorg. Plan No. 1 of 1939, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424. The Commission was abolished and its functions transferred to the Federal Security Administrator and the Federal Board for Vocational Education was abolished by Reorg. Plan No. 2 of 1946, former sections 3 and 8, respectively, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–426, § 27(c), substituted ‘‘Secretary’’ for ‘‘United States Employees’ Compensa- tion Commission’’. See Transfer of Functions note set out under section 902 of this title. Subsecs. (b), (c)(2). Pub. L. 98–426, § 27(a)(2), sub- stituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. 1972—Subsec. (c). Pub. L. 92–576 added par. (1) and re- designated existing provisions as par. (2). 1956—Subsec. (c). Act July 26, 1956, substituted ‘‘reha- bilitation’’ for ‘‘education’’ at end of first sentence, and substituted last two sentences, relating to use of spe- cial fund where necessary rehabilitation services are not available, and availability of fund in amounts au- thorized annually for the Department of Labor for former sentence which provided that ‘‘If any surplus is left in any fiscal year in the fund provided for in sec- tion 944 of this title, such surplus may be used in subse- quent fiscal years for the purposes of administration and investigation.’’ 1949—Subsec. (a). 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. 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