29 U.S.C. § 656 — Administration

Page 172 TITLE 29—LABOR § 656 § 656. Administration (a) National Advisory Committee on Occupa- tional Safety and Health; establishment; membership; appointment; Chairman; func- tions; meetings; compensation; secretarial and clerical personnel (1) There is hereby established a National Ad- visory Committee on Occupational Safety and Health consisting of twelve members appointed by the Secretary, four of whom are to be des- ignated by the Secretary of Health and Human Services, without regard to the provisions of title 5 governing appointments in the competi- tive service, and composed of representatives of management, labor, occupational safety and oc- cupational health professions, and of the public. The Secretary shall designate one of the public members as Chairman. The members shall be se- lected upon the basis of their experience and competence in the field of occupational safety and health. (2) The Committee shall advise, consult with, and make recommendations to the Secretary and the Secretary of Health and Human Services on matters relating to the administration of this chapter. The Committee shall hold no fewer than two meetings during each calendar year. All meetings of the Committee shall be open to the public and a transcript shall be kept and made available for public inspection. (3) The members of the Committee shall be compensated in accordance with the provisions of section 3109 of title 5. (4) The Secretary shall furnish to the Com- mittee an executive secretary and such secre- tarial, clerical, and other services as are deemed necessary to the conduct of its business. (b) Advisory committees; appointment; duties; membership; compensation; reimbursement to member’s employer; meetings; availability of records; conflict of interest An advisory committee may be appointed by the Secretary to assist him in his standard-set- ting functions under section 655 of this title. Each such committee shall consist of not more than fifteen members and shall include as a member one or more designees of the Secretary of Health and Human Services, and shall include among its members an equal number of persons qualified by experience and affiliation to present the viewpoint of the employers involved, and of persons similarly qualified to present the view- point of the workers involved, as well as one or more representatives of health and safety agen- cies of the States. An advisory committee may also include such other persons as the Secretary may appoint who are qualified by knowledge and experience to make a useful contribution to the work of such committee, including one or more representatives of professional organizations of technicians or professionals specializing in occu- pational safety or health, and one or more rep- resentatives of nationally recognized standards- producing organizations, but the number of per- sons so appointed to any such advisory com- mittee shall not exceed the number appointed to such committee as representatives of Federal and State agencies. Persons appointed to advi- sory committees from private life shall be com- pensated in the same manner as consultants or experts under section 3109 of title 5. The Sec- retary shall pay to any State which is the em- ployer of a member of such a committee who is a representative of the health or safety agency of that State, reimbursement sufficient to cover the actual cost to the State resulting from such representative’s membership on such com- mittee. Any meeting of such committee shall be open to the public and an accurate record shall be kept and made available to the public. No member of such committee (other than rep- resentatives of employers and employees) shall have an economic interest in any proposed rule. (c) Use of services, facilities, and personnel of Federal, State, and local agencies; reimburse- ment; employment of experts and consultants or organizations; renewal of contracts; com- pensation; travel expenses In carrying out his responsibilities under this chapter, the Secretary is authorized to— (1) use, with the consent of any Federal agency, the services, facilities, and personnel of such agency, with or without reimburse- ment, and with the consent of any State or po- litical subdivision thereof, accept and use the services, facilities, and personnel of any agen- cy of such State or subdivision with reim- bursement; and (2) employ experts and consultants or orga- nizations thereof as authorized by section 3109 of title 5, except that contracts for such em- ployment may be renewed annually; com- pensate individuals so employed at rates not in excess of the rate specified at the time of service for grade GS–18 under section 5332 of title 5, including traveltime, and allow them while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for persons in the Gov- ernment service employed intermittently, while so employed. (d) Maritime Occupational Safety and Health Ad- visory Committee There is established a Maritime Occupational Safety and Health Advisory Committee, which shall be a continuing body and shall provide ad- vice to the Secretary in formulating maritime industry standards and regarding matters per- taining to the administration of this chapter re- lated to the maritime industry. The composition of such advisory committee shall be consistent with the advisory committees established under subsection (b). A member of the advisory com- mittee who is otherwise qualified may continue to serve until a successor is appointed. The Sec- retary may promulgate or amend regulations as necessary to implement this subsection. (Pub. L. 91–596, § 7, Dec. 29, 1970, 84 Stat. 1597; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 116–92, div. C, title XXXV, § 3510, Dec. 20, 2019, 133 Stat. 1977.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 91–596, Dec. 29, Page 173 TITLE 29—LABOR § 657 1970, 84 Stat. 1590. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 651 of this title and Tables. AMENDMENTS 2019—Subsec. (d). Pub. L. 116–92 added subsec. (d). 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)(1), (2) and (b) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on January 5, 1973, to terminate not later than the expiration of the 2-year period following January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 657. Inspections, investigations, and record- keeping (a) Authority of Secretary to enter, inspect, and investigate places of employment; time and manner In order to carry out the purposes of this chap- ter, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized— (1) to enter without delay and at reasonable times any factory, plant, establishment, con- struction site, or other area, workplace or en- vironment where work is performed by an em- ployee of an employer; and (2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reason- able manner, any such place of employment and all pertinent conditions, structures, ma- chines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee. (b) Attendance and testimony of witnesses and production of evidence; enforcement of sub- poena In making his inspections and investigations under this chapter the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Wit- nesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or posses- sion, within the jurisdiction of which such per- son is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under inves- tigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. (c) Maintenance, preservation, and availability of records; issuance of regulations; scope of records; periodic inspections by employer; posting of notices by employer; notification of employee of corrective action (1) Each employer shall make, keep and pre- serve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this chapter as the Secretary, in cooperation with the Secretary of Health and Human Serv- ices, may prescribe by regulation as necessary or appropriate for the enforcement of this chap- ter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provi- sions of this paragraph such regulations may in- clude provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable standards. (2) The Secretary, in cooperation with the Sec- retary of Health and Human Services, shall pre- scribe regulations requiring employers to main- tain accurate records of, and to make periodic reports on, work-related deaths, injuries and ill- nesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, re- striction of work or motion, or transfer to an- other job. (3) The Secretary, in cooperation with the Sec- retary of Health and Human Services, shall issue regulations requiring employers to main- tain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 655 of this title. Such regulations shall provide employees or their rep- resentatives with an opportunity to observe such monitoring or measuring, and to have ac- cess to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any em- ployee who has been or is being exposed to toxic materials or harmful physical agents in con- centrations or at levels which exceed those pre- scribed by an applicable occupational safety and health standard promulgated under section 655 of this title, and shall inform any employee who is being thus exposed of the corrective action being taken.