29 Usc 670

Page 167

§ 670

TITLE 29—LABOR
CODIFICATION

Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response
Act of 2002, and not as part of the Occupational Safety
and Health Act of 1970 which comprises this chapter.

§ 670. Training and employee education
(a) Authority of Secretary of Health and Human
Services to conduct education and informational programs; consultations
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 chapter, and (2) informational programs on the importance of and
proper use of adequate safety and health equipment.
(b) Authority of Secretary of Labor to conduct
short-term training of personnel
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 chapter.
(c) Authority of Secretary of Labor to establish
and supervise education and training programs and consult and advise interested parties
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 chapter, 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) Compliance assistance program
(1) The Secretary shall establish and support
cooperative agreements with the States under
which employers subject to this chapter may
consult with State personnel with respect to—
(A) the application of occupational safety
and health requirements under this chapter or
under State plans approved under section 667
of this title; 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 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 chapter and maintains
appropriate involvement of, and training for,
management and non-management employees
in achieving safe and healthful working conditions,
may be exempt from an inspection (except an inspection requested under section 657(f) of this
title 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.
(Pub. L. 91–596, § 21, Dec. 29, 1970, 84 Stat. 1612;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695; Pub. L. 105–197, § 2, July 16, 1998, 112
Stat. 638.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–197 added subsec. (d).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a) and (c) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
RETENTION OF TRAINING INSTITUTE COURSE TUITION
FEES BY OSHA
Provisions stating that notwithstanding 31 U.S.C.
3302, the Occupational Safety and Health Administration could retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized
by law to be collected, and could utilize such sums for
occupational safety and health training and education
grants, were contained in Department of Labor Appropriations Act, 2006, Pub. L. 109–149, title I, Dec. 30, 2005,
119 Stat. 2839, and were repeated in provisions of subsequent appropriations acts which are not set out in the
Code. Similar provisions were also contained in the following prior appropriations acts:

§ 671

TITLE 29—LABOR

Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat.
3118.
Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat.
232.
Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 303.
Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2182.
Pub. L. 106–554, § 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
2763, 2763A–8.
Pub. L. 106–113, div. B, § 1000(a)(4) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–222.
Pub. L. 105–277, div. A, § 101(f) [title I], Oct. 21, 1998,
112 Stat. 2681–337, 2681–343.
Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1474.
Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept.
30, 1996, 110 Stat. 3009–233, 3009–239.
Pub. L. 104–134, title I, § 101(d) [title I], Apr. 26, 1996,
110 Stat. 1321–211, 1321–217; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–333, title I, Sept. 30, 1994, 108 Stat. 2544.

§ 671. National Institute for Occupational Safety
and Health
(a) Statement of purpose
It is the purpose of this section to establish a
National Institute for Occupational Safety and
Health in the Department of Health and Human
Services in order to carry out the policy set
forth in section 651 of this title and to perform
the functions of the Secretary of Health and
Human Services under sections 669 and 670 of
this title.
(b) Establishment; Director; appointment; term
There is hereby established in the Department
of Health and Human Services a National Institute for Occupational Safety and Health. The Institute shall be headed by a Director who shall
be appointed by the Secretary of Health and
Human Services, and who shall serve for a term
of six years unless previously removed by the
Secretary of Health and Human Services.
(c) Development and establishment of standards;
performance of functions of Secretary of
Health and Human Services
The Institute is authorized to—
(1) develop and establish recommended occupational safety and health standards; and
(2) perform all functions of the Secretary of
Health and Human Services under sections 669
and 670 of this title.
(d) Authority of Director
Upon his own initiative, or upon the request of
the Secretary or the Secretary of Health and
Human Services, the Director is authorized (1)
to conduct such research and experimental programs as he determines are necessary for the development of criteria for new and improved occupational safety and health standards, and (2)
after consideration of the results of such research and experimental programs make recommendations concerning new or improved occupational safety and health standards. Any occupational safety and health standard recommended
pursuant to this section shall immediately be
forwarded to the Secretary of Labor, and to the
Secretary of Health and Human Services.
(e) Additional authority of Director
In addition to any authority vested in the Institute by other provisions of this section, the
Director, in carrying out the functions of the Institute, is authorized to—

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(1) prescribe such regulations as he deems
necessary governing the manner in which its
functions shall be carried out;
(2) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used
for the purposes of the Institute and to use,
sell, or otherwise dispose of such property for
the purpose of carrying out its functions;
(3) receive (and use, sell, or otherwise dispose of, in accordance with paragraph (2)),
money and other property donated, bequeathed or devised to the Institute with a
condition or restriction, including a condition
that the Institute use other funds of the Institute for the purposes of the gift;
(4) in accordance with the civil service laws,
appoint and fix the compensation of such personnel as may be necessary to carry out the
provisions of this section;
(5) obtain the services of experts and consultants in accordance with the provisions of
section 3109 of title 5;
(6) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including
per diem, as authorized by section 5703 of title
5;
(7) enter into contracts, grants or other arrangements, or modifications thereof to carry
out the provisions of this section, and such
contracts or modifications thereof may be entered into without performance or other
bonds, and without regard to section 6101 of
title 41 or any other provision of law relating
to competitive bidding;
(8) make advance, progress, and other payments which the Director deems necessary
under this title without regard to the provisions of section 3324(a) and (b) of title 31; and
(9) make other necessary expenditures.
(f) Annual reports
The Director shall submit to the Secretary of
Health and Human Services, to the President,
and to the Congress an annual report of the operations of the Institute under this chapter,
which shall include a detailed statement of all
private and public funds received and expended
by it, and such recommendations as he deems
appropriate.
(g) Lead-based paint activities
(1) Training grant program
(A) The Institute, in conjunction with the
Administrator of the Environmental Protection Agency, may make grants for the training and education of workers and supervisors
who are or may be directly engaged in leadbased paint activities.
(B) Grants referred to in subparagraph (A)
shall be awarded to nonprofit organizations
(including colleges and universities, joint
labor-management trust funds, States, and
nonprofit government employee organizations)—
(i) which are engaged in the training and
education of workers and supervisors who
are or who may be directly engaged in leadbased paint activities (as defined in title IV
of the Toxic Substances Control Act [15
U.S.C. 2681 et seq.]),