29 U.S.C. § 669 — Research and related activities

Page 181 TITLE 29—LABOR § 669 retary, and thereupon the Secretary shall cer- tify and file in the court the record upon which the decision complained of was issued as pro- vided in section 2112 of title 28. 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 sub- ject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (h) Temporary enforcement of State standards The Secretary may enter into an agreement with a State under which the State will be per- mitted to continue to enforce one or more occu- pational 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 ear- lier. (Pub. L. 91–596, § 18, Dec. 29, 1970, 84 Stat. 1608.) § 668. Programs of Federal agencies (a) Establishment, development, and mainte- nance by head of each Federal agency It shall be the responsibility of the head of each Federal agency (not including the United States Postal Service) to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated under section 655 of this title. The head of each agency shall (after consultation with representatives of the employees thereof)— (1) provide safe and healthful places and con- ditions of employment, consistent with the standards set under section 655 of this title; (2) acquire, maintain, and require the use of safety equipment, personal protective equip- ment, and devices reasonably necessary to protect employees; (3) keep adequate records of all occupational accidents and illnesses for proper evaluation and necessary corrective action; (4) consult with the Secretary with regard to the adequacy as to form and content of records kept pursuant to subsection (a)(3) of this sec- tion; and (5) make an annual report to the Secretary with respect to occupational accidents and in- juries and the agency’s program under this section. Such report shall include any report submitted under section 7902(e)(2) of title 5. (b) Report by Secretary to President The Secretary shall report to the President a summary or digest of reports submitted to him under subsection (a)(5) of this section, together with his evaluations of and recommendations derived from such reports. (c) Omitted (d) Access by Secretary to records and reports required of agencies The Secretary shall have access to records and reports kept and filed by Federal agencies pur- suant to subsections (a)(3) and (5) of this section unless those records and reports are specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy, in which case the Secretary shall have access to such information as will not jeopardize national defense or foreign policy. (Pub. L. 91–596, § 19, Dec. 29, 1970, 84 Stat. 1609; Pub. L. 97–375, title I, § 110(c), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 105–241, § 2(b)(1), Sept. 28, 1998, 112 Stat. 1572.) Editorial Notes CODIFICATION Subsec. (c) of this section amended section 7902 of Title 5, Government Organization and Employees. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–241 inserted ‘‘(not in- cluding the United States Postal Service)’’ after ‘‘each Federal agency’’. 1982—Subsec. (b). Pub. L. 97–375 struck out direction that the President transmit annually to the Senate and House a report of the activities of Federal agencies under this section. Executive Documents OCCUPATIONAL SAFETY AND HEALTH PROGRAMS FOR FEDERAL EMPLOYEES Occupational safety and health programs for Federal employees and continuation of Federal Advisory Coun- cil on Occupational Safety and Health, see Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set out as a note under section 7902 of Title 5, Government Organization and Employees. § 669. Research and related activities (a) Authority of Secretary of Health and Human Services to conduct research, experiments, and demonstrations, develop plans, establish criteria, promulgate regulations, authorize programs, and publish results and industry- wide studies; consultations (1) The Secretary of Health and Human Serv- ices, after consultation with the Secretary and with other appropriate Federal departments or agencies, shall conduct (directly or by grants or contracts) research, experiments, and dem- onstrations relating to occupational safety and health, including studies of psychological fac- tors involved, and relating to innovative meth- ods, techniques, and approaches for dealing with occupational safety and health problems. (2) The Secretary of Health and Human Serv- ices shall from time to time consult with the Secretary in order to develop specific plans for such research, demonstrations, and experiments as are necessary to produce criteria, including criteria identifying toxic substances, enabling the Secretary to meet his responsibility for the formulation of safety and health standards under this chapter; and the Secretary of Health and Human Services, on the basis of such re- search, demonstrations, and experiments and any other information available to him, shall develop and publish at least annually such cri- teria as will effectuate the purposes of this chapter. (3) The Secretary of Health and Human Serv- ices, on the basis of such research, demonstra- tions, and experiments, and any other informa- Page 182 TITLE 29—LABOR § 669a tion available to him, shall develop criteria dealing with toxic materials and harmful phys- ical agents and substances which will describe exposure levels that are safe for various periods of employment, including but not limited to the exposure levels at which no employee will suffer impaired health or functional capacities or di- minished life expectancy as a result of his work experience. (4) The Secretary of Health and Human Serv- ices shall also conduct special research, experi- ments, and demonstrations relating to occupa- tional safety and health as are necessary to ex- plore new problems, including those created by new technology in occupational safety and health, which may require ameliorative action beyond that which is otherwise provided for in the operating provisions of this chapter. The Secretary of Health and Human Services shall also conduct research into the motivational and behavioral factors relating to the field of occu- pational safety and health. (5) The Secretary of Health and Human Serv- ices, in order to comply with his responsibilities under paragraph (2), and in order to develop needed information regarding potentially toxic substances or harmful physical agents, may pre- scribe regulations requiring employers to meas- ure, record, and make reports on the exposure of employees to substances or physical agents which the Secretary of Health and Human Serv- ices reasonably believes may endanger the health or safety of employees. The Secretary of Health and Human Services also is authorized to establish such programs of medical examina- tions and tests as may be necessary for deter- mining the incidence of occupational illnesses and the susceptibility of employees to such ill- nesses. Nothing in this or any other provision of this chapter shall be deemed to authorize or re- quire medical examination, immunization, or treatment for those who object thereto on reli- gious grounds, except where such is necessary for the protection of the health or safety of oth- ers. Upon the request of any employer who is re- quired to measure and record exposure of em- ployees to substances or physical agents as pro- vided under this subsection, the Secretary of Health and Human Services shall furnish full fi- nancial or other assistance to such employer for the purpose of defraying any additional expense incurred by him in carrying out the measuring and recording as provided in this subsection. (6) The Secretary of Health and Human Serv- ices shall publish within six months of Decem- ber 29, 1970, and thereafter as needed but at least annually a list of all known toxic substances by generic family or other useful grouping, and the concentrations at which such toxicity is known to occur. He shall determine following a written request by any employer or authorized rep- resentative of employees, specifying with rea- sonable particularity the grounds on which the request is made, whether any substance nor- mally found in the place of employment has po- tentially toxic effects in such concentrations as used or found; and shall submit such determina- tion both to employers and affected employees as soon as possible. If the Secretary of Health and Human Services determines that any sub- stance is potentially toxic at the concentrations in which it is used or found in a place of employ- ment, and such substance is not covered by an occupational safety or health standard promul- gated under section 655 of this title, the Sec- retary of Health and Human Services shall im- mediately submit such determination to the Secretary, together with all pertinent criteria. (7) Within two years of December 29, 1970, and annually thereafter the Secretary of Health and Human Services shall conduct and publish in- dustrywide studies of the effect of chronic or low-level exposure to industrial materials, proc- esses, and stresses on the potential for illness, disease, or loss of functional capacity in aging adults. (b) Authority of Secretary of Health and Human Services to make inspections and question employers and employees The Secretary of Health and Human Services is authorized to make inspections and question employers and employees as provided in section 657 of this title in order to carry out his func- tions and responsibilities under this section. (c) Contracting authority of Secretary of Labor; cooperation between Secretary of Labor and Secretary of Health and Human Services The Secretary is authorized to enter into con- tracts, agreements, or other arrangements with appropriate public agencies or private organiza- tions for the purpose of conducting studies re- lating to his responsibilities under this chapter. In carrying out his responsibilities under this subsection, the Secretary shall cooperate with the Secretary of Health and Human Services in order to avoid any duplication of efforts under this section. (d) Dissemination of information to interested parties Information obtained by the Secretary and the Secretary of Health and Human Services under this section shall be disseminated by the Sec- retary to employers and employees and organi- zations thereof. (e) Delegation of functions of Secretary of Health and Human Services to Director of the Na- tional Institute for Occupational Safety and Health The functions of the Secretary of Health and Human Services under this chapter shall, to the extent feasible, be delegated to the Director of the National Institute for Occupational Safety and Health established by section 671 of this title. (Pub. L. 91–596, § 20, Dec. 29, 1970, 84 Stat. 1610; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Edu- cation. § 669a. Expanded research on worker health and safety The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’),