Section 941of the Longshore and Harbor Workers Act

§ 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 Act 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 4(e)
of the Act of August 7, 1953 (ch. 345, 67 Stat. 462), as amended [43 USC § 1333(e)].
(b) Studies and investigations by the 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 Act, 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 Act 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 Act, 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 5 of the Act of June 30, 1936 (ch. 881, 49 Stat. 2036), as amended [41 USC § 39], and
the Secretary shall be represented in any court proceedings as provided in the Act of May 4,
1928 (ch. 502, 45 Stat. 490), as amended [33 USC § 921a].
(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 Act, as he

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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 3 of the Administrative Procedure Act
(ch. 324, 60 Stat. 237), as amended. 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, together with the District
Court for the Territory of Alaska, shall have jurisdiction for cause shown, in any action brought
by the Secretary, represented as provided in the Act of May 4, 1928 (ch. 502, 45 Stat. 490), as
amended [33 USC § 921a], 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 Act.
(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 USC §§ 1331 et seq.], nor in the case of any employment in

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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 USC §§ 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
USC §§ 1651 et seq.].
(2) The provisions of this section, with the exception of paragraph (1) of subsection (b), shall not
be applied under the authority of the Act of September 7, 1916 (ch. 458, 39 Stat. 742), as
amended.

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