Section 21 of the Occupational Safety and Health Act of 1970

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OSH Act of 1970

OSH Act of 1970 - Table of Contents

SEC. 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 --

29 USC
670

(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, shortterm 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

Pub. L.
105-97,
(2) consult with and advise employers and employees, and organizations representing
§2 added
employers and employees as to effective means of preventing occupational injuries and subsection
(d). See
illnesses.
Historical
notes.
(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

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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 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 non-management 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.

OSH Act of 1970 - Table of Contents

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