Occupational Safety and Health Act - Sec. 6

SEC. 6. Occupational Safety and Health Standards
29 USC 655
(a) Without regard to chapter 5 of title 5, United States Code, 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 Act 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) 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 Act, the Secretary may request the recommendations of an
advisory committee appointed under section 7 of this Act. 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.
(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 temporary order issued under this paragraph shall prescribe the practices, means,
methods, operations, and processes which the employer must adopt and use while the
order is in effect and state in detail his program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to employees and an
opportunity for a hearing: Provided, That the Secretary may issue one interim order to be
effective until a decision is made on the basis of the hearing. No temporary order may be
in effect for longer than the period needed by the employer to achieve compliance with
the standard or one year, whichever is shorter, except that such an order may be
renewed not more that twice (I) so long as the requirements of this paragraph are met
and (II) if an application for renewal is filed at least 90 days prior to the expiration date
of the order. No interim renewal of an order may remain in effect for longer than 180
days.
(B) An application for temporary order under this paragraph (6) shall contain:
(i) a specification of the standard or portion thereof from which the employer seeks a
variance,
(ii) a representation by the employer, supported by representations from qualified
persons having firsthand knowledge of the facts represented, that he is unable to comply

with the standard or portion thereof and a detailed statement of the reasons therefor,
(iii) a statement of the steps he has taken and will take (with specific dates) to protect
employees against the hazard covered by the standard,
(iv) a statement of when he expects to be able to comply with the standard and what
steps he has taken and what steps he will take (with dates specified) to come into
compliance with the standard, and
(v) a certification that he has informed his employees of the application by giving a copy
thereof to their authorized representative, posting a statement giving a summary of the
application and specifying where a copy may be examined at the place or places where
notices to employees are normally posted, and by other appropriate means.
A description of how employees have been informed shall be contained in the
certification. The information to employees shall also inform them of their right to petition
the Secretary for a hearing.
(C) The Secretary is authorized to grant a variance from any standard or portion thereof
whenever he determines, or the Secretary of Health and Human Services certifies, that
such variance is necessary to permit an employer to participate in an experiment
approved by him or the Secretary of Health and Human Services designed to
demonstrate or validate new and improved techniques to safeguard the health or safety
of workers.
(7) Any standard promulgated under this subsection shall prescribe the use of labels or
other appropriate forms of warning as are necessary to insure that employees are
apprised of all hazards to which they are exposed, relevant symptoms and appropriate
emergency treatment, and proper conditions and precautions of safe use or exposure.
Where appropriate, such standard shall also prescribe suitable protective equipment and
control or technological procedures to be used in connection with such hazards and shall
provide for monitoring or measuring employee exposure at such locations and intervals,
and in such manner as may be necessary for the protection of employees. In addition,
where appropriate, any such standard shall prescribe the type and frequency of medical
examinations or other tests which shall be made available, by the employer or at his cost,
to employees exposed to such hazards in order to most effectively determine whether the
health of such employees is adversely affected by such exposure. In the event such
medical examinations are in the nature of research, as determined by the Secretary of
Health and Human Services, such examinations may be furnished at the expense of the
Secretary of Health and Human Services. The results of such examinations or tests shall
be furnished only to the Secretary or the Secretary of Health and Human Services, and,
at the request of the employee, to his physician. The Secretary, in consultation with the
Secretary of Health and Human Services, may by rule promulgated pursuant to section
553 of title 5, United States Code, make appropriate modifications in the foregoing
requirements relating to the use of labels or other forms of warning, monitoring or
measuring, and medical examinations, as may be warranted by experience, information,
or medical or technological developments acquired subsequent to the promulgation of the
relevant standard.
(8) Whenever a rule promulgated by the Secretary differs substantially from an existing
national consensus standard, the Secretary shall, at the same time, publish in the Federal
Register a statement of the reasons why the rule as adopted will better effectuate the
purposes of this Act than the national consensus standard.

(c) (1) The Secretary shall provide, without regard to the requirements of chapter 5, title
5, Unites States Code, for an emergency temporary standard to take immediate effect
upon publication in the Federal Register if he determines -(A) that employees are exposed to grave danger from exposure to substances or agents
determined to be toxic or physically harmful or from new hazards, and
(B) that such emergency standard is necessary to protect employees from such danger.
(2) Such standard shall be effective until superseded by a standard promulgated in
accordance with the procedures prescribed in paragraph (3) of this subsection.
(3) Upon publication of such standard in the Federal Register the Secretary shall
commence a proceeding in accordance with section 6 (b) of this Act, and the standard as
published shall also serve as a proposed rule for the proceeding. The Secretary shall
promulgate a standard under this paragraph no later than six months after publication of
the emergency standard as provided in paragraph (2) of this subsection.
(d) Any affected employer may apply to the Secretary for a rule or order for a variance
from a standard promulgated under this section. Affected employees shall be given notice
of each such application and an opportunity to participate in a hearing. The Secretary
shall issue such rule or order if he determines on the record, after opportunity for an
inspection where appropriate and a hearing, that the proponent of the variance has
demonstrated by a preponderance of the evidence that the conditions, practices, means,
methods, operations, or processes used or proposed to be used by an employer will
provide employment and places of employment to his employees which are as safe and
healthful as those which would prevail if he complied with the standard. The rule or order
so issued shall prescribe the conditions the employer must maintain, and the practices,
means, methods, operations, and processes which he must adopt and utilize to the
extent they differ from the standard in question. Such a rule or order may be modified or
revoked upon application by an employer, employees, or by the Secretary on his own
motion, in the manner prescribed for its issuance under this subsection at any time after
six months from its issuance.
(e) Whenever the Secretary promulgates any standard, makes any rule, order, or
decision, grants any exemption or extension of time, or compromises, mitigates, or
settles any penalty assessed under this Act, he shall include a statement of the reasons
for such action, which shall be published in the Federal Register.
(f) Any person who may be adversely affected by a standard issued under this section
may at any time prior to the sixtieth day after such standard is promulgated file a
petition challenging the validity of such standard with the United States court of appeals
for the circuit wherein such person resides or has his principal place of business, for a
judicial review of such standard. A copy of the petition shall be forthwith transmitted by
the clerk of the court to the Secretary. The filing of such petition shall not, unless
otherwise ordered by the court, operate as a stay of the standard. The determinations of
the Secretary shall be conclusive if supported by substantial evidence in the record
considered as a whole.
(g) In determining the priority for establishing standards under this section, the
Secretary shall give due regard to the urgency of the need for mandatory safety and
health standards for particular industries, trades, crafts, occupations, businesses,
workplaces or work environments. The Secretary shall also give due regard to the
recommendations of the Secretary of Health and Human Services regarding the need for
mandatory standards in determining the priority for establishing such standards.