Notes on 29 U.S.C. § 655 : US Code - Notes

Search Notes on 29 U.S.C. § 655 : US Code - Notes

(Pub. L. 91-596, Sec. 6, Dec. 29, 1970, 84 Stat. 1593; Pub. L. 96-
88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec. (a),
is the effective date of Pub. L. 91-596, Dec. 29, 1970, 84 Stat.
1590, 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.
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsecs. (b)(1),
(6)(C), (7), and (g) 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 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
in the Appendix to Title 5, Government Organization and Employees.
PROHIBITION ON EXPOSURE OF WORKERS TO CHEMICAL OR OTHER HAZARDS FOR
PURPOSE OF CONDUCTING EXPERIMENTS
Pub. L. 102-394, title I, Sec. 102, Oct. 6, 1992, 106 Stat. 1799,
provided that: "None of the funds appropriated under this Act or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts shall be used
to grant variances, interim orders or letters of clarification to
employers which will allow exposure of workers to chemicals or
other workplace hazards in excess of existing Occupational Safety
and Health Administration standards for the purpose of conducting
experiments on workers' health or safety."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-170, title I, Sec. 102, Nov. 26, 1991, 105 Stat.
1114.
Pub. L. 101-517, title I, Sec. 102, Nov. 5, 1990, 104 Stat. 2196.
Pub. L. 101-166, title I, Sec. 102, Nov. 21, 1989, 103 Stat.
1165.
Pub. L. 100-202, Sec. 101(h) [title I, Sec. 102], Dec. 22, 1987,
101 Stat. 1329-256, 1329-263.
Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title I, Sec. 102], Oct.
18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.
5233, title I, Sec. 102], Oct. 30, 1986, 100 Stat. 3341-287.
Pub. L. 99-178, title I, Sec. 102, Dec. 12, 1985, 99 Stat. 1109.
Pub. L. 98-619, title I, Sec. 102, Nov. 8, 1984, 98 Stat. 3311.
OCCUPATIONAL HEALTH STANDARD CONCERNING EXPOSURE TO BLOODBORNE
PATHOGENS
Pub. L. 102-170, title I, Sec. 100, Nov. 26, 1991, 105 Stat.
1113, provided that:
"(a) Notwithstanding any other provision of law, on or before
December 1, 1991, the Secretary of Labor, acting under the
Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.],
shall promulgate a final occupational health standard concerning
occupational exposure to bloodborne pathogens. The final standard
shall be based on the proposed standard as published in the Federal
Register on May 30, 1989 (54 FR 23042), concerning occupational
exposures to the hepatitis B virus, the human immunodeficiency
virus and other bloodborne pathogens.
"(b) In the event that the final standard referred to in
subsection (a) is not promulgated by the date required under such
subsection, the proposed standard on occupational exposure to
bloodborne pathogens as published in the Federal Register on May
30, 1989 (54 FR 23042) shall become effective as if such proposed
standard had been promulgated as a final standard by the Secretary
of Labor, and remain in effect until the date on which such
Secretary promulgates the final standard referred to in subsection
(a).
"(c) Nothing in this Act [enacting section 962 of Title 30,
Mineral Lands and Mining, amending section 290b of Title 42, The
Public Health and Welfare, enacting provisions set out as notes
under section 1070a of Title 20, Education and section 1383 of
Title 42, and amending provisions set out as notes under section
1255a of Title 8, Aliens and Nationality, and section 1221-1 of
Title 20] shall be construed to require the Secretary of Labor
(acting through the Occupational Safety and Health Administration)
to revise the employment accident reporting regulations published
at 29 C.F.R. 1904.8."
RETENTION OF MARKINGS AND PLACARDS
Pub. L. 101-615, Sec. 29, Nov. 16, 1990, 104 Stat. 3277, provided
that: "Not later than 18 months after the date of enactment of this
Act [Nov. 16, 1990], the Secretary of Labor, in consultation with
the Secretary of Transportation and the Secretary of the Treasury,
shall issue under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)) standards requiring any
employer who receives a package, container, motor vehicle, rail
freight car, aircraft, or vessel which contains a hazardous
material and which is required to be marked, placarded, or labeled
in accordance with regulations issued under the Hazardous Materials
Transportation Act [former 49 U.S.C. 1801 et seq.] to retain the
markings, placards, and labels, and any other information as may be
required by such regulations on the package, container, motor
vehicle, rail freight car, aircraft, or vessel, until the hazardous
materials have been removed therefrom."
CHEMICAL PROCESS SAFETY MANAGEMENT
Pub. L. 101-549, title III, Sec. 304, Nov. 15, 1990, 104 Stat.
2576, provided that:
"(a) Chemical Process Safety Standard. - The Secretary of Labor
shall act under the Occupational Safety and Health Act of 1970 (29
U.S.C. 653) [29 U.S.C. 651 et seq.] to prevent accidental releases
of chemicals which could pose a threat to employees. Not later than
12 months after the date of enactment of the Clean Air Act
Amendments of 1990 [Nov. 15, 1990], the Secretary of Labor, in
coordination with the Administrator of the Environmental Protection
Agency, shall promulgate, pursuant to the Occupational Safety and
Health Act, a chemical process safety standard designed to protect
employees from hazards associated with accidental releases of
highly hazardous chemicals in the workplace.
"(b) List of Highly Hazardous Chemicals. - The Secretary shall
include as part of such standard a list of highly hazardous
chemicals, which include toxic, flammable, highly reactive and
explosive substances. The list of such chemicals may include those
chemicals listed by the Administrator under section 302 of the
Emergency Planning and Community Right to Know Act of 1986 [42
U.S.C. 11002]. The Secretary may make additions to such list when a
substance is found to pose a threat of serious injury or fatality
in the event of an accidental release in the workplace.
"(c) Elements of Safety Standard. - Such standard shall, at
minimum, require employers to -
"(1) develop and maintain written safety information
identifying workplace chemical and process hazards, equipment
used in the processes, and technology used in the processes;
"(2) perform a workplace hazard assessment, including, as
appropriate, identification of potential sources of accidental
releases, an identification of any previous release within the
facility which had a likely potential for catastrophic
consequences in the workplace, estimation of workplace effects of
a range of releases, estimation of the health and safety effects
of such range on employees;
"(3) consult with employees and their representatives on the
development and conduct of hazard assessments and the development
of chemical accident prevention plans and provide access to these
and other records required under the standard;
"(4) establish a system to respond to the workplace hazard
assessment findings, which shall address prevention, mitigation,
and emergency responses;
"(5) periodically review the workplace hazard assessment and
response system;
"(6) develop and implement written operating procedures for the
chemical process including procedures for each operating phase,
operating limitations, and safety and health considerations;
"(7) provide written safety and operating information to
employees and train employees in operating procedures,
emphasizing hazards and safe practices;
"(8) ensure contractors and contract employees are provided
appropriate information and training;
"(9) train and educate employees and contractors in emergency
response in a manner as comprehensive and effective as that
required by the regulation promulgated pursuant to section 126(d)
of the Superfund Amendments and Reauthorization Act [of 1986]
[Pub. L. 99-499, set out in a note below];
"(10) establish a quality assurance program to ensure that
initial process related equipment, maintenance materials, and
spare parts are fabricated and installed consistent with design
specifications;
"(11) establish maintenance systems for critical process
related equipment including written procedures, employee
training, appropriate inspections, and testing of such equipment
to ensure ongoing mechanical integrity;
"(12) conduct pre-start-up safety reviews of all newly
installed or modified equipment;
"(13) establish and implement written procedures to manage
change to process chemicals, technology, equipment and
facilities; and
"(14) investigate every incident which results in or could have
resulted in a major accident in the workplace, with any findings
to be reviewed by operating personnel and modifications made if
appropriate.
"(d) State Authority. - Nothing in this section may be construed
to diminish the authority of the States and political subdivisions
thereof as described in section 112(r)(11) of the Clean Air Act [42
U.S.C. 7412(r)(11)]."
WORKER PROTECTION STANDARDS
Pub. L. 99-499, title I, Sec. 126(a)-(f), Oct. 17, 1986, 100
Stat. 1690-1692, as amended by Pub. L. 100-202, Sec. 101(f) [title
II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-187, 1329-198,
provided:
"(a) Promulgation. - Within one year after the date of the
enactment of this section [Oct. 17, 1986], the Secretary of Labor
shall, pursuant to section 6 of the Occupational Safety and Health
Act of 1970 [29 U.S.C. 655], promulgate standards for the health
and safety protection of employees engaged in hazardous waste
operations.
"(b) Proposed Standards. - The Secretary of Labor shall issue
proposed regulations on such standards which shall include, but
need not be limited to, the following worker protection provisions:
"(1) Site analysis. - Requirements for a formal hazard analysis
of the site and development of a site specific plan for worker
protection.
"(2) Training. - Requirements for contractors to provide
initial and routine training of workers before such workers are
permitted to engage in hazardous waste operations which would
expose them to toxic substances.
"(3) Medical surveillance. - A program of regular medical
examination, monitoring, and surveillance of workers engaged in
hazardous waste operations which would expose them to toxic
substances.
"(4) Protective equipment. - Requirements for appropriate
personal protective equipment, clothing, and respirators for work
in hazardous waste operations.
"(5) Engineering controls. - Requirements for engineering
controls concerning the use of equipment and exposure of workers
engaged in hazardous waste operations.
"(6) Maximum exposure limits. - Requirements for maximum
exposure limitations for workers engaged in hazardous waste
operations, including necessary monitoring and assessment
procedures.
"(7) Informational program. - A program to inform workers
engaged in hazardous waste operations of the nature and degree of
toxic exposure likely as a result of such hazardous waste
operations.
"(8) Handling. - Requirements for the handling, transporting,
labeling, and disposing of hazardous wastes.
"(9) New technology program. - A program for the introduction
of new equipment or technologies that will maintain worker
protections.
"(10) Decontamination procedures. - Procedures for
decontamination.
"(11) Emergency response. - Requirements for emergency response
and protection of workers engaged in hazardous waste operations.
"(c) Final Regulations. - Final regulations under subsection (a)
shall take effect one year after the date they are promulgated. In
promulgating final regulations on standards under subsection (a),
the Secretary of Labor shall include each of the provisions listed
in paragraphs (1) through (11) of subsection (b) unless the
Secretary determines that the evidence in the public record
considered as a whole does not support inclusion of any such
provision.
"(d) Specific Training Standards. -
"(1) Offsite instruction; field experience. - Standards
promulgated under subsection (a) shall include training standards
requiring that general site workers (such as equipment operators,
general laborers, and other supervised personnel) engaged in
hazardous substance removal or other activities which expose or
potentially expose such workers to hazardous substances receive a
minimum of 40 hours of initial instruction off the site, and a
minimum of three days of actual field experience under the direct
supervision of a trained, experienced supervisor, at the time of
assignment. The requirements of the preceding sentence shall not
apply to any general site worker who has received the equivalent
of such training. Workers who may be exposed to unique or special
hazards shall be provided additional training.
"(2) Training of supervisors. - Standards promulgated under
subsection (a) shall include training standards requiring that
onsite managers and supervisors directly responsible for the
hazardous waste operations (such as foremen) receive the same
training as general site workers set forth in paragraph (1) of
this subsection and at least eight additional hours of
specialized training on managing hazardous waste operations. The
requirements of the preceding sentence shall not apply to any
person who has received the equivalent of such training.
"(3) Certification; enforcement. - Such training standards
shall contain provisions for certifying that general site
workers, onsite managers, and supervisors have received the
specified training and shall prohibit any individual who has not
received the specified training from engaging in hazardous waste
operations covered by the standard. The certification procedures
shall be no less comprehensive than those adopted by the
Environmental Protection Agency in its Model Accreditation Plan
for Asbestos Abatement Training as required under the Asbestos
Hazard Emergency Response Act of 1986 [Pub. L. 99-519, see Short
Title of 1986 Amendment note, set out under section 2601 of Title
15, Commerce and Trade].
"(4) Training of emergency response personnel. - Such training
standards shall set forth requirements for the training of
workers who are responsible for responding to hazardous emergency
situations who may be exposed to toxic substances in carrying out
their responsibilities.
"(e) Interim Regulations. - The Secretary of Labor shall issue
interim final regulations under this section within 60 days after
the enactment of this section [Oct. 17, 1986] which shall provide
no less protection under this section for workers employed by
contractors and emergency response workers than the protections
contained in the Environmental Protection Agency Manual (1981)
'Health and Safety Requirements for Employees Engaged in Field
Activities' and existing standards under the Occupational Safety
and Health Act of 1970 [29 U.S.C. 651 et seq.] found in subpart C
of part 1926 of title 29 of the Code of Federal Regulations. Such
interim final regulations shall take effect upon issuance and shall
apply until final regulations become effective under subsection
(c).
"(f) Coverage of Certain State and Local Employees. - Not later
than 90 days after the promulgation of final regulations under
subsection (a), the Administrator shall promulgate standards
identical to those promulgated by the Secretary of Labor under
subsection (a). Standards promulgated under this subsection shall
apply to employees of State and local governments in each State
which does not have in effect an approved State plan under section
18 of the Occupational Safety and Health Act of 1970 [29 U.S.C.
667] providing for standards for the health and safety protection
of employees engaged in hazardous waste operations."