SEC.
8. Inspections, Investigations, and Recordkeeping
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(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 --
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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
(2) to inspect and investigate during regular
working hours and at other reasonable times, and within reasonable
limits and in a reasonable manner, any such place of employment
and all pertinent conditions, structures, machines, apparatus,
devices, equipment, and materials therein, and to question
privately any such employer, owner, operator, agent or employee.
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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.
(c) (1) Each employer shall make, keep and
preserve, and make available to the Secretary or the Secretary of
Health and Human Services, such records regarding his activities
relating to this Act as the Secretary, in cooperation with the
Secretary of Health and Human Services, may prescribe by
regulation as necessary or appropriate for the enforcement of this
Act or for developing information regarding the causes and
prevention of occupational accidents and illnesses. In order to
carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic
inspections. The Secretary shall also issue regulations requiring
that employers, through posting of notices or other appropriate
means, keep their employees informed of their protections and
obligations under this Act, including the provisions of applicable
standards.
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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.
(3) The
Secretary, in cooperation with the Secretary of Health and Human
Services, shall issue regulations requiring employers to maintain
accurate records of employee exposures to potentially toxic
materials or harmful physical agents which are required to be
monitored or measured under section 6. Such regulations shall
provide employees or their representatives with an opportunity to
observe such monitoring or measuring, and to have access to the
records thereof. Such regulations shall also make appropriate
provision for each employee or former employee to have access to
such records as will indicate his own exposure to toxic materials
or harmful physical agents. Each employer shall promptly notify
any employee who has been or is being exposed to toxic materials
or harmful physical agents in concentrations or at levels which
exceed those prescribed by an applicable occupational safety and
health standard promulgated under section 6, and shall inform any
employee who is being thus exposed of the corrective action being
taken.
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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.
(e) Subject to regulations issued by the
Secretary, a representative of the employer and a representative
authorized by his employees shall be given an opportunity to
accompany the Secretary or his authorized representative during
the physical inspection of any workplace under subsection (a) for
the purpose of aiding such inspection. Where there is no
authorized employee representative, the Secretary or his
authorized representative shall consult with a reasonable number
of employees concerning matters of health and safety in the
workplace.
(f) (1) Any employees or representative of
employees who believe that a violation of a safety or health
standard exists that threatens physical harm, or that an imminent
danger exists, may request an inspection by giving notice to the
Secretary or his authorized representative of such violation or
danger. Any such notice shall be reduced to writing, shall set
forth with reasonable particularity the grounds for the notice,
and shall be signed by the employees or representative of
employees, and a copy shall be provided the employer or his agent
no later than at the time of inspection, except that, upon the
request of the person giving such notice, his name and the names
of individual employees referred to therein shall not appear in
such copy or on any record published, released, or made available
pursuant to subsection (g) of this section. If upon receipt of
such notification the Secretary determines there are reasonable
grounds to believe that such violation or danger exists, he shall
make a special inspection in accordance with the provisions of
this section as soon as practicable, to determine if such
violation or danger exists. If the Secretary determines there are
no reasonable grounds to believe that a violation or danger exists
he shall notify the employees or representative of the employees
in writing of such determination.
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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.
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Pub.
L. 105-198 added subsection (h).
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