Section 21 U.S.C. 670

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Grantee Quarterly Progress Report

Section 21 U.S.C. 670

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21. Training and Employee Education
(a) The Secretary of Health and Human Services, after consultation with
the Secretary and with other appropriate Federal departments and
agencies, shall conduct, directly or by grants or contracts (1) education
programs to provide an adequate supply of qualified personnel to carry
out the purposes of this Act, and (2) informational programs on the
importance of and proper use of adequate safety and health equipment.
(b) The Secretary is also authorized to conduct, directly or by grants or
contracts, short-term training of personnel engaged in work related to
his responsibilities under this Act.
(c) The Secretary, in consultation with the Secretary of Health and
Human Services, shall (1) 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 or unhealthful
working conditions in employments covered by this Act, and (2) consult
with and advise employers and employees, and organizations
representing employers and employees as to effective means of
preventing occupational injuries and illnesses.
(d)(1) The Secretary shall establish and support cooperative agreements
with the States under which employers subject to this Act may consult
with State personnel with respect to -(A) the application of occupational safety and health requirements
under this Act or under State plans approved under section 18; and
(B) voluntary efforts that employers may undertake to establish and
maintain safe and healthful employment and places of employment.
Such agreements may provide, as a condition of receiving funds
under such agreements, for contributions by States towards meeting
the costs of such agreements.
(2) Pursuant to such agreements the State shall provide on-site
consultation at the employer's worksite to employers who request such
assistance. The State may also provide other education and training
programs for employers and employees in the State. The State shall
ensure that on-site consultations conducted pursuant to such agreements
include provision for the participation by employees.
(3) Activities under this subsection shall be conducted independently of
any enforcement activity. If an employer fails to take immediate action
to eliminate employee exposure to an imminent danger identified in a

29 USC 670.

consultation or fails to correct a serious hazard so identified within a
reasonable time, a report shall be made to the appropriate enforcement
authority for such action as is appropriate.
(4) The Secretary shall, by regulation after notice and opportunity for
comment, establish rules under which an employer -(A) which requests and undergoes an on-site consultative visit
provided under this subsection;
(B) which corrects the hazards that have been identified during the
visit within the time frames established by the State and agrees to
request a subsequent consultative visit if major changes in working
conditions or work processes occur which introduce new hazards in
the workplace; and
(C) which is implementing procedures for regularly identifying and
preventing hazards regulated under this Act and maintains
appropriate involvement of, and training for, management and nonmanagement employees in achieving safe and healthful working
conditions, may be exempt from an inspection (except an inspection
requested under section 8(f) or an inspection to determine the cause
of a workplace accident which resulted in the death of one or more
employees or hospitalization for three or more employees) for a
period of 1 year from the closing of the consultative visit.
(5) A State shall provide worksite consultations under paragraph (2) at the request of an
employer. Priority in scheduling such consultations shall be assigned to requests from small
businesses which are in higher hazard industries or have the most hazardous conditions at
issue in the request.


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