(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized -- |
29 USC 657 |
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(1)
to enter without delay and at reasonable times any factory, plant,
establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an employer;
and |
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(b)
In making his inspections and investigations under this Act the
Secretary may require the attendance and testimony of witnesses
and the production of evidence under oath. Witnesses shall be paid
the same fees and mileage that are paid witnesses in the courts of
the United States. In case of a contumacy, failure, or refusal of
any person to obey such an order, any district court of the United
States or the United States courts of any territory or possession,
within the jurisdiction of which such person is found, or resides
or transacts business, upon the application by the Secretary,
shall have jurisdiction to issue to such person an order requiring
such person to appear to produce evidence if, as, and when so
ordered, and to give testimony relating to the matter under
investigation or in question, and any failure to obey such order
of the court may be punished by said court as a contempt
thereof. |
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(2)
The Secretary, in cooperation with the Secretary of Health and
Human Services, shall prescribe regulations requiring employers to
maintain accurate records of, and to make periodic reports on,
work-related deaths, injuries and illnesses other than minor
injuries requiring only first aid treatment and which do not
involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job. |
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(d)
Any information obtained by the Secretary, the Secretary of Health
and Human Services, or a State agency under this Act shall be
obtained with a minimum burden upon employers, especially those
operating small businesses. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent
feasible. |
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(2) Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary's final disposition of the case. |
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(g) (1) The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section. |
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(2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment. |
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(h) The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this Act or to impose quotas or goals with regard to the results of such activities. |
Pub. L. 105-198 added subsection (h). |
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Cannon, Belinda - OSHA |
File Modified | 0000-00-00 |
File Created | 2021-01-24 |