33 U.S.C. § 941 : US Code - Section 941: Safety rules and regulations

Search 33 U.S.C. § 941 : US Code - Section 941: Safety rules and regulations

(a) Safe place of employment; installation of safety devices and
safeguards
Every employer shall furnish and maintain employment and places
of employment which shall be reasonably safe for his employees in
all employments covered by this chapter and shall install, furnish,
maintain, and use such devices and safeguards with particular
reference to equipment used by and working conditions established
by such employers as the Secretary may determine by regulation or
order to be reasonably necessary to protect the life, health, and
safety of such employees, and to render safe such employment and
places of employment, and to prevent injury to his employees.
However, the Secretary may not make determinations by regulation or
order under this section as to matters within the scope of title 52
of the Revised Statutes and Acts supplementary or amendatory
thereto, the Act of June 15, 1917 (ch. 30, 40 Stat. 220), as
amended, or section 1333(e) of title 43.
(b) Studies and investigations by Secretary
The Secretary, in enforcing and administering the provisions of
this section, is authorized in addition to such other powers and
duties as are conferred upon him -
(1) to make studies and investigations with respect to safety
provisions and the causes and prevention of injuries in
employments covered by this chapter, and in making such studies
and investigations to cooperate with any agency of the United
States or with any State agency engaged in similar work;
(2) to utilize the services of any agency of the United States
or any State agency engaged in similar work (with the consent of
such agency) in connection with the administration of this
section;
(3) to promote uniformity in safety standards in employments
covered by this chapter through cooperative action with any
agency of the United States or with any State agency engaged in
similar work;
(4) to provide for the establishment and supervision of
programs for the education and training of employers and
employees in the recognition, avoidance, and prevention of unsafe
working conditions in employments covered by this chapter, and to
consult with and advise employers as to the best means of
preventing injuries;
(5) to hold such hearings, issue such orders, and make such
decisions, based upon findings of fact, as are deemed to be
necessary to enforce the provisions of this section, and for such
purposes the Secretary and the district courts shall have the
authority and jurisdiction provided by section 39 of title 41,
and the Secretary shall be represented in any court proceedings
as provided in section 921a of this title.
(c) Inspection of places and practices of employment
The Secretary or his authorized representative may inspect such
places of employment, question such employees, and investigate such
conditions, practices, or matters in connection with employment
subject to this chapter, as he may deem appropriate to determine
whether any person has violated any provision of this section, or
any rule or regulation issued thereunder, or which may aid in the
enforcement of the provisions of this section. No employer or other
person shall refuse to admit the Secretary or his authorized
representatives to any such place or shall refuse to permit any
such inspection.
(d) Requests for advice; variations from safety rules and
regulations
Any employer may request the advice of the Secretary or his
authorized representative, in complying with the requirements of
any rule or regulation adopted to carry out the provisions of this
section. In case of practical difficulties or unnecessary
hardships, the Secretary in his discretion may grant variations
from any such rule or regulation, or particular provisions thereof,
and permit the use of other or different devices if he finds that
the purpose of the rule or regulation will be observed by the
variation and the safety of employees will be equally secured
thereby. Any person affected by such rule or regulation, or his
agent, may request the Secretary to grant such variation, stating
in writing the grounds on which his request is based. Any
authorization by the Secretary of a variation shall be in writing,
shall describe the conditions under which the variation shall be
permitted, and shall be published as provided in section 552 of
title 5. A properly indexed record of all variations shall be kept
in the office of the Secretary and open to public inspection.
(e) Jurisdiction to restrain violations
The United States district courts shall have jurisdiction for
cause shown, in any action brought by the Secretary, represented as
provided in section 921a of this title, to restrain violations of
this section or of any rule, regulation, or order of the Secretary
adopted to carry out the provisions of this section.
(f) Violations and penalties
Any employer who, willfully, violates or fails or refuses to
comply with the provisions of subsection (a) of this section, or
with any lawful rule, regulation, or order adopted to carry out the
provisions of this section, and any employer or other person who
willfully interferes with, hinders, or delays the Secretary or his
authorized representative in carrying out his duties under
subsection (c) of this section by refusing to admit the Secretary
or his authorized representative to any place, or to permit the
inspection or examination of any employment or place of employment,
or who willfully hinders or delays the Secretary or his authorized
representative in the performance of his duties in the enforcement
of this section, shall be guilty of an offense, and, upon
conviction thereof, shall be punished for each offense by a fine of
not less than $100 nor more than $3,000; and in any case where such
employer is a corporation, the officer who willfully permits any
such violation to occur shall be guilty of an offense, and, upon
conviction thereof, shall be punished also for each offense by a
fine of not less than $100 nor more than $3,000. The liability
hereunder shall not affect any other liability of the employer
under this chapter.
(g) Inapplicability to certain employments
(1) The provisions of this section shall not apply in the case of
any employment relating to the operations for the exploration,
production, or transportation by pipeline of mineral resources upon
the navigable waters of the United States, nor under the authority
of the Act of August 7, 1953 (ch. 345, 67 Stat. 462) [43 U.S.C.
1331 et seq.], nor in the case of any employment in connection with
lands (except filled in, made or reclaimed lands) beneath the
navigable waters as defined in the Act of May 22, 1953 (ch. 65, 67
Stat. 29) [43 U.S.C. 1301 et seq.], nor in the case of any
employment for which compensation in case of disability or death is
provided for employees under the authority of the Act of May 17,
1928 (ch. 612, 45 Stat. 600), as amended, nor under the authority
of the Act of August 16, 1941 (ch. 357, 55 Stat. 622), as amended
[42 U.S.C. 1651 et seq.].
(2) The provisions of this section, with the exception of
paragraph (1) of subsection (b) of this section, shall not be
applied under the authority of subchapter I of chapter 81 of title
5.