29 U.S.C. § 657 — Inspections, investigations, and record-

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. Page 174 TITLE 29—LABOR § 658 (d) Obtaining of information Any information obtained by the Secretary, the Secretary of Health and Human Services, or a State agency under this chapter shall be ob- tained with a minimum burden upon employers, especially those operating small businesses. Un- necessary duplication of efforts in obtaining in- formation shall be reduced to the maximum ex- tent feasible. (e) Employer and authorized employee rep- resentatives to accompany Secretary or his authorized representative on inspection of workplace; consultation with employees where no authorized employee representa- tive is present Subject to regulations issued by the Sec- retary, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Sec- retary or his authorized representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such in- spection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. (f) Request for inspection by employees or rep- resentative of employees; grounds; proce- dure; determination of request; notification of Secretary or representative prior to or during any inspection of violations; proce- dure for review of refusal by representative of Secretary to issue citation for alleged vio- lations (1) Any employees or representative of em- ployees who believe that a violation of a safety or health standard exists that threatens phys- ical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the no- tice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees re- ferred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this sec- tion. If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in ac- cordance with the provisions of this section as soon as practicable, to determine if such viola- tion or danger exists. If the Secretary deter- mines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employ- ees in writing of such determination. (2) Prior to or during any inspection of a work- place, any employees or representative of em- ployees employed in such workplace may notify the Secretary or any representative of the Sec- retary responsible for conducting the inspection, in writing, of any violation of this chapter which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or rep- resentative of employees requesting such review a written statement of the reasons for the Sec- retary’s final disposition of the case. (g) Compilation, analysis, and publication of re- ports and information; rules and regulations (1) The Secretary and Secretary of Health and Human Services are authorized to compile, ana- lyze, and publish, either in summary or detailed form, all reports or information obtained under this section. (2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this chapter, including rules and regulations dealing with the inspection of an employer’s establish- ment. (h) Use of results of enforcement activities The Secretary shall not use the results of en- forcement activities, such as the number of cita- tions issued or penalties assessed, to evaluate employees directly involved in enforcement ac- tivities under this chapter or to impose quotas or goals with regard to the results of such ac- tivities. (Pub. L. 91–596, § 8, Dec. 29, 1970, 84 Stat. 1598; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105–198, § 1, July 16, 1998, 112 Stat. 640.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Su- preme Court on the Constitution Annotated website, constitution.congress.gov. AMENDMENTS 1998—Subsec. (h). Pub. L. 105–198 added subsec. (h). 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. (c), (d), and (g) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. § 658. Citations (a) Authority to issue; grounds; contents; notice in lieu of citation for de minimis violations If, upon inspection or investigation, the Sec- retary or his authorized representative believes that an employer has violated a requirement of section 654 of this title, of any standard, rule or order promulgated pursuant to section 655 of this title, or of any regulations prescribed pur- suant to this chapter, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall de-