Occupational Safety and Health Act of 1970 (USC)

§ 654

TITLE 29—LABOR

State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the
Pacific Islands, Lake Island, Outer Continental
Shelf lands defined in the Outer Continental
Shelf Lands Act [43 U.S.C. 1331 et seq.], Johnston
Island, and the Canal Zone. The Secretary of the
Interior shall, by regulation, provide for judicial
enforcement of this chapter by the courts established for areas in which there are no United
States district courts having jurisdiction.
(b)(1) Nothing in this chapter shall apply to
working conditions of employees with respect to
which other Federal agencies, and State agencies acting under section 2021 of title 42, exercise
statutory authority to prescribe or enforce
standards or regulations affecting occupational
safety or health.
(2) The safety and health standards promulgated under the Act of June 30, 1936, commonly
known as the Walsh-Healey Act,1 the Service
Contract Act of 1965,1 Public Law 91–54, Act of
August 9, 1969, Public Law 85–742, Act of August
23, 1958, and the National Foundation on Arts
and Humanities Act [20 U.S.C. 951 et seq.] are superseded on the effective date of corresponding
standards, promulgated under this chapter,
which are determined by the Secretary to be
more effective. Standards issued under the laws
listed in this paragraph and in effect on or after
the effective date of this chapter shall be
deemed to be occupational safety and health
standards issued under this chapter, as well as
under such other Acts.
(3) The Secretary shall, within three years
after the effective date of this chapter, report to
the Congress his recommendations for legislation to avoid unnecessary duplication and to
achieve coordination between this chapter and
other Federal laws.
(4) Nothing in this chapter shall be construed
to supersede or in any manner affect any workmen’s compensation law or to enlarge or diminish or affect in any other manner the common
law or statutory rights, duties, or liabilities of
employers and employees under any law with respect to injuries, diseases, or death of employees
arising out of, or in the course of, employment.
(Pub. L. 91–596, § 4, Dec. 29, 1970, 84 Stat. 1592.)
REFERENCES IN TEXT
The Outer Continental Shelf Lands Act, referred to in
subsec. (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462,
which is classified generally to subchapter III (§ 1331 et
seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1331 of Title 43 and
Tables.
For definition of Canal Zone, referred to in subsec.
(a), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
Act of June 30, 1936, commonly known as the WalshHealey Act, referred to in subsec. (b)(2), is act June 30,
1936, ch. 881, 49 Stat. 2036, which was classified principally to sections 35 to 45 of former Title 41, Public
Contracts, and was substantially repealed and restated
as chapter 65 (§ 6501 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat.
3677, 3855. For complete classification of this Act to the
Code, see Short Title of 1936 Act note set out under section 101 of Title 41 and Tables. For disposition of sec1 See

References in Text note below.

Page 150

tions of former Title 41, see Disposition Table preceding section 101 of Title 41.
The Service Contract Act of 1965, referred to in subsec. (b)(2), was Pub. L. 89–286, Oct. 22, 1965, 79 Stat. 1034,
which was classified generally to chapter 6 (§ 351 et seq.)
of former Title 41, Public Contracts, and was repealed
and restated as chapter 67 (§ 6701 et seq.) of Title 41,
Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4,
2011, 124 Stat. 3677, 3855. For complete classification of
this Act to the Code, see Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Public Law 91–54, Act of August 9, 1969, referred to in
subsec. (b)(2), is Pub. L. 91–54, Aug. 9, 1969, 83 Stat. 96,
which amended sections 1 and 2 and added section 107
of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357. Sections 1
and 2 of Pub. L. 87–581 were set out as notes under section 327, and section 107 of Pub. L. 87–581 was classified
to section 333, of former Title 40, Public Buildings,
Property, and Works. Sections 1 and 2 of Pub. L. 87–581
were repealed, and section 107 of Pub. L. 87–581 was repealed and reenacted as sections 3704 and 3705 of Title
40, Public Buildings, Property, and Works, by Pub. L.
107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
Public Law 85–742, Act of August 23, 1958, referred to
in subsec. (b)(2), is Pub. L. 85–742, Aug. 23, 1958, 72 Stat.
835, which amended section 941 of Title 33, Navigation
and Navigable Waters, and enacted provisions set out
as a note under section 941 of Title 33. For complete
classification of this Act to the Code, see Tables.
The National Foundation on the Arts and the Humanities Act, referred to in subsec. (b)(2), is Pub. L. 89–209,
Sept. 29, 1965, 79 Stat. 845, known as the National Foundation on the Arts and the Humanities Act of 1965,
which is classified principally to subchapter I (§ 951 et
seq.) of chapter 26 of Title 20, Education. For complete
classification of this Act to the Code, see Short Title
note set out under section 951 of Title 20 and Tables.
The effective date of this chapter, referred to in subsec. (b)(2), (3), is the effective date of Pub. L. 91–596,
which is 120 days after Dec. 29, 1970, see section 34 of
Pub. L. 91–596, set out as an Effective Date note under
section 651 of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
EPA ADMINISTRATOR NOT EXERCISING ‘‘STATUTORY AUTHORITY’’ UNDER THIS SECTION IN EXERCISING ANY
AUTHORITY UNDER TOXIC SUBSTANCES CONTROL ACT
In exercising any authority under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in connection with amendment made by section 15(a) of Pub. L.
101–637, the Administrator of the Environmental Protection Agency not, for purposes of subsection (b)(1) of
this section, to be considered to be exercising statutory
authority to prescribe or enforce standards or regulations affecting occupational safety and health, see section 15(b) of Pub. L. 101–637, set out as a note under section 2646 of Title 15, Commerce and Trade.

§ 654. Duties of employers and employees
(a) Each employer—
(1) shall furnish to each of his employees employment and a place of employment which
are free from recognized hazards that are causing or are likely to cause death or serious
physical harm to his employees;
(2) shall comply with occupational safety
and health standards promulgated under this
chapter.
(b) Each employee shall comply with occupational safety and health standards and all rules,
regulations, and orders issued pursuant to this

Page 151

TITLE 29—LABOR

chapter which are applicable to his own actions
and conduct.
(Pub. L. 91–596, § 5, Dec. 29, 1970, 84 Stat. 1593.)
§ 655. Standards
(a) Promulgation by Secretary of national consensus standards and established Federal
standards; time for promulgation; conflicting
standards
Without regard to chapter 5 of title 5 or to the
other subsections of this section, the Secretary
shall, as soon as practicable during the period
beginning with the effective date of this chapter
and ending two years after such date, by rule
promulgate as an occupational safety or health
standard any national consensus standard, and
any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or
health for specifically designated employees. In
the event of conflict among any such standards,
the Secretary shall promulgate the standard
which assures the greatest protection of the
safety or health of the affected employees.
(b) Procedure for promulgation, modification, or
revocation of standards
The Secretary may by rule promulgate, modify, or revoke any occupational safety or health
standard in the following manner:
(1) Whenever the Secretary, upon the basis of
information submitted to him in writing by an
interested person, a representative of any organization of employers or employees, a nationally
recognized standards-producing organization,
the Secretary of Health and Human Services,
the National Institute for Occupational Safety
and Health, or a State or political subdivision,
or on the basis of information developed by the
Secretary or otherwise available to him, determines that a rule should be promulgated in
order to serve the objectives of this chapter, the
Secretary may request the recommendations of
an advisory committee appointed under section
656 of this title. The Secretary shall provide
such an advisory committee with any proposals
of his own or of the Secretary of Health and
Human Services, together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, or
otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary
its recommendations regarding the rule to be
promulgated within ninety days from the date
of its appointment or within such longer or
shorter period as may be prescribed by the Secretary, but in no event for a period which is
longer than two hundred and seventy days.
(2) The Secretary shall publish a proposed rule
promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons
a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary
determines that a rule should be issued, he shall
publish the proposed rule within sixty days after
the submission of the advisory committee’s recommendations or the expiration of the period
prescribed by the Secretary for such submission.

§ 655

(3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds
therefor and requesting a public hearing on such
objections. Within thirty days after the last day
for filing such objections, the Secretary shall
publish in the Federal Register a notice specifying the occupational safety or health standard
to which objections have been filed and a hearing requested, and specifying a time and place
for such hearing.
(4) Within sixty days after the expiration of
the period provided for the submission of written data or comments under paragraph (2), or
within sixty days after the completion of any
hearing held under paragraph (3), the Secretary
shall issue a rule promulgating, modifying, or
revoking an occupational safety or health standard or make a determination that a rule should
not be issued. Such a rule may contain a provision delaying its effective date for such period
(not in excess of ninety days) as the Secretary
determines may be necessary to insure that affected employers and employees will be informed of the existence of the standard and of
its terms and that employers affected are given
an opportunity to familiarize themselves and
their employees with the existence of the requirements of the standard.
(5) The Secretary, in promulgating standards
dealing with toxic materials or harmful physical
agents under this subsection, shall set the
standard which most adequately assures, to the
extent feasible, on the basis of the best available
evidence, that no employee will suffer material
impairment of health or functional capacity
even if such employee has regular exposure to
the hazard dealt with by such standard for the
period of his working life. Development of standards under this subsection shall be based upon
research, demonstrations, experiments, and such
other information as may be appropriate. In addition to the attainment of the highest degree of
health and safety protection for the employee,
other considerations shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this
and other health and safety laws. Whenever
practicable, the standard promulgated shall be
expressed in terms of objective criteria and of
the performance desired.
(6)(A) Any employer may apply to the Secretary for a temporary order granting a variance from a standard or any provision thereof
promulgated under this section. Such temporary
order shall be granted only if the employer files
an application which meets the requirements of
clause (B) and establishes that (i) he is unable to
comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment
needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (ii) he is taking all available steps
to safeguard his employees against the hazards
covered by the standard, and (iii) he has an effective program for coming into compliance
with the standard as quickly as practicable. Any