Occupational Safety and Health Act (OSH Act)

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 29USC653]

TITLE 29--LABOR

CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH

Sec. 651. Congressional statement of findings and declaration of

purpose and policy

(a) The Congress finds that personal injuries and illnesses arising

out of work situations impose a substantial burden upon, and are a

hindrance to, interstate commerce in terms of lost production, wage

loss, medical expenses, and disability compensation payments.

(b) The Congress declares it to be its purpose and policy, through

the exercise of its powers to regulate commerce among the several States

and with foreign nations and to provide for the general welfare, to

assure so far as possible every working man and woman in the Nation safe

and healthful working conditions and to preserve our human resources--

(1) by encouraging employers and employees in their efforts to

reduce the number of occupational safety and health hazards at their

places of employment, and to stimulate employers and employees to

institute new and to perfect existing programs for providing safe

and healthful working conditions;

(2) by providing that employers and employees have separate but

dependent responsibilities and rights with respect to achieving safe

and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory

occupational safety and health standards applicable to businesses

affecting interstate commerce, and by creating an Occupational

Safety and Health Review Commission for carrying out adjudicatory

functions under this chapter;

(4) by building upon advances already made through employer and

employee initiative for providing safe and healthful working

conditions;

(5) by providing for research in the field of occupational

safety and health, including the psychological factors involved, and

by developing innovative methods, techniques, and approaches for

dealing with occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing

causal connections between diseases and work in environmental

conditions, and conducting other research relating to health

problems, in recognition of the fact that occupational health

standards present problems often different from those involved in

occupational safety;

(7) by providing medical criteria which will assure insofar as

practicable that no employee will suffer diminished health,

functional capacity, or life expectancy as a result of his work

experience;

(8) by providing for training programs to increase the number

and competence of personnel engaged in the field of occupational

safety and health;

(9) by providing for the development and promulgation of

occupational safety and health standards;

(10) by providing an effective enforcement program which shall

include a prohibition against giving advance notice of any

inspection and sanctions for any individual violating this

prohibition;

(11) by encouraging the States to assume the fullest

responsibility for the administration and enforcement of their

occupational safety and health laws by providing grants to the

States to assist in identifying their needs and responsibilities in

the area of occupational safety and health, to develop plans in

accordance with the provisions of this chapter, to improve the

administration and enforcement of State occupational safety and

health laws, and to conduct experimental and demonstration projects

in connection therewith;

(12) by providing for appropriate reporting procedures with

respect to occupational safety and health which procedures will help

achieve the objectives of this chapter and accurately describe the

nature of the occupational safety and health problem;

(13) by encouraging joint labor-management efforts to reduce

injuries and disease arising out of employment.

(Pub. L. 91-596, Sec. 2, Dec. 29, 1970, 84 Stat. 1590.)

References in Text

This chapter, referred to in subsec. (b)(3), (11), and (12), was in

the original ``this Act'', meaning Pub. L. 91-596, Dec. 29, 1970, 84

Stat. 1590, as amended. For complete classification of this Act to the

Code, see Short Title note set out under this section and Tables.

Effective Date

Section 34 of Pub. L. 91-596 provided that: ``This Act [enacting

this chapter and section 3142-1 of Title 42, The Public Health and

Welfare, amending section 553 of this title, sections 5108, 5314, 5315,

and 7902 of Title 5, Government Organization and Employees, sections 633

and 636 of Title 15, Commerce and Trade, section 1114 of Title 18,

Crimes and Criminal Procedure, and section 1421 of former Title 49,

Transportation, and enacting provisions set out as notes under this

section and section 1114 of Title 18] shall take effect one hundred and

twenty days after the date of its enactment [Dec. 29, 1970].''

Short Title of 1998 Amendment

Pub. L. 105-197, Sec. 1, July 16, 1998, 112 Stat. 638, provided

that: ``This Act [amending section 670 of this title] may be cited as

the `Occupational Safety and Health Administration Compliance Assistance

Authorization Act of 1998'.''

Short Title

Section 1 of Pub. L. 91-596 provided: ``That this Act [enacting this

chapter and section 3142-1 of Title 42, The Public Health and Welfare,

amending section 553 of this title, sections 5108, 5314, 5315, and 7902

of Title 5, Government Organization and Employees, sections 633 and 636

of Title 15, Commerce and Trade, section 1114 of Title 18, Crimes and

Criminal Procedure, and section 1421 of former Title 49, Transportation,

and enacting provisions set out as notes under this section and section

1114 of Title 18] may be cited as the `Occupational Safety and Health

Act of 1970'.''

TITLE 29--LABOR

CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH

Sec. 653. Geographic applicability; judicial enforcement;

applicability to existing standards; report to Congress on

duplication and coordination of Federal laws; workmen's

compensation law or common law or statutory rights, duties, or

liabilities of employers and employees unaffected

(a) This chapter shall apply with respect to employment performed in

a workplace in a 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 [41 U.S.C. 35 et

seq.], the Service Contract Act of 1965 [41 U.S.C. 351 et seq.], 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, Sec. 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, as amended, which is

classified generally to subchapter III (Sec. 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 Walsh-Healey Act,

referred to in subsec. (b)(2), is act June 30, 1936, ch. 881, 49 Stat.

2036, as amended, which is classified generally to section 35 et seq. of

Title 41, Public Contracts. For complete classification of this Act to

the Code, see Short Title note set out under section 35 of Title 41 and

Tables. See section 262 of this title.

The Service Contract Act of 1965, referred to in subsec. (b)(2), is

Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which is

classified generally to chapter 6 (Sec. 351 et seq.) of Title 41. For

complete classification of this Act to the Code, see Short Title note

set out under section 351 of Title 41 and Tables.

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,

Secs. 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,

as amended, known as the National Foundation on the Arts and the

Humanities Act of 1965, which is classified principally to subchapter I

(Sec. 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.

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