NIOSH Legislative Authority

Attachment 1b. NIOSH Authority
Occupational Safety and Health Act
Section 20(a) [29 U.S.C. 669]
Research and Related Activities
Section 22 [29 USC 671]
National Institute for Occupational Safety and Health

SEC. 20. RESEARCH AND RELATED ACTIVITIES
(a)
(1) The Secretary of Health and Human Services, after consultation with the
Secretary and with other appropriate Federal departments or agencies, shall conduct
(directly or by grants or contracts) research, experiments, and demonstrations
relating to occupational safety and health, including studies of psychological factors
involved, and relating to innovative methods, techniques, and approaches for
dealing with occupational safety and health problems.
(2) The Secretary of Health and Human Services shall from time to time consult
with the Secretary in order to develop specific plans for such research,
demonstrations, and experiments as are necessary to produce criteria, including
criteria identifying toxic substances, enabling the Secretary to meet his
responsibility for the formulation of safety and health standards under this Act; and
the Secretary of Health and Human Services, on the basis of such research,
demonstrations, and experiments and any other information available to him, shall
develop and publish at least annually such criteria as will effectuate the purposes of
this Act.
(3) The Secretary of Health and Human Services, on the basis of such research,
demonstrations, and experiments, and any other information available to him, shall
develop criteria dealing with toxic materials and harmful physical agents and
substances which will describe exposure levels that are safe for various periods of
employment, including but not limited to the exposure levels at which no employee
will suffer impaired health or functional capacities or diminished life expectancy as
a result of his work experience.
(4) The Secretary of Health and Human Services shall also conduct special
research, experiments, and demonstrations relating to occupational safety and
health as are necessary to explore new problems, including those created by new
technology in occupational safety and health, which may require ameliorative
action beyond that which is otherwise provided for in the operating provisions of
this Act. The Secretary of Health and Human Services shall also conduct research
into the motivational and behavioral factors relating to the field of occupational
safety and health.
(5) The Secretary of Health and Human Services, in order to comply with his
responsibilities under paragraph (2), and in order to develop needed information
regarding potentially toxic substances or harmful physical agents, may prescribe
regulations requiring employers to measure, record, and make reports on the
exposure of employees to substances or physical agents which the Secretary of
Health and Human Services reasonably believes may endanger the health or safety
of employees. The Secretary of Health and Human Services also is authorized to
establish such programs of medical examinations and tests as may be necessary for
determining the incidence of occupational illnesses and the susceptibility of
employees to such illnesses. Nothing in this or any other provision of this Act shall
be deemed to authorize or require medical examination, immunization, or treatment
for those who object thereto on religious grounds, except where such is necessary
for the protection of the health or safety of others. Upon the request of any

29 USC 669

employer who is required to measure and record exposure of employees to
substances or physical agents as provided under this subsection, the Secretary of
Health and Human Services shall furnish full financial or other assistance to such
employer for the purpose of defraying any additional expense incurred by him in
carrying out the measuring and recording as provided in this subsection.
(6) The Secretary of Health and Human Services shall publish within six months of
enactment of this Act and thereafter as needed but at least annually a list of all
known toxic substances by generic family or other useful grouping, and the
concentrations at which such toxicity is known to occur. He shall determine
following a written request by any employer or authorized representative of
employees, specifying with reasonable particularity the grounds on which the
request is made, whether any substance normally found in the place of employment
has potentially toxic effects in such concentrations as used or found; and shall
submit such determination both to employers and affected employees as soon as
possible. If the Secretary of Health and Human Services determines that any
substance is potentially toxic at the concentrations in which it is used or found in a
place of employment, and such substance is not covered by an occupational safety
or health standard promulgated under section 6, the Secretary of Health and Human
Services shall immediately submit such determination to the Secretary, together
with all pertinent criteria.
(7) Within two years of enactment of the Act, and annually thereafter the Secretary
of Health and Human Services shall conduct and publish industry wide studies of
the effect of chronic or low-level exposure to industrial materials, processes, and
stresses on the potential for illness, disease, or loss of functional capacity in aging
adults.
(b) The Secretary of Health and Human Services is authorized to make inspections
and question employers and employees as provided in section 8 of this Act in order
to carry out his functions and responsibilities under this section.
(c) The Secretary is authorized to enter into contracts, agreements, or other
arrangements with appropriate public agencies or private organizations for the
purpose of conducting studies relating to his responsibilities under this Act. In
carrying out his responsibilities under this subsection, the Secretary shall cooperate
with the Secretary of Health and Human Services in order to avoid any duplication
of efforts under this section.
(d) Information obtained by the Secretary and the Secretary of Health and Human
Services under this section shall be disseminated by the Secretary to employers and
employees and organizations thereof.
(e) The functions of the Secretary of Health and Human Services under this Act
shall, to the extent feasible, be delegated to the Director of the National Institute for
Occupational Safety and Health established by section 22 of this Act.

EXPANDED RESEARCH ON WORKER SAFETY AND HEALTH
The Secretary of Health and Human Services (referred to in this section as the
"Secretary"), acting through the Director of the National Institute of Occupational
Safety and Health, shall enhance and expand research as deemed appropriate on the
health and safety of workers who are at risk for bioterrorist threats or attacks in the
workplace, including research on the health effects of measures taken to treat or
protect such workers for diseases or disorders resulting from a bioterrorist threat or
attack. Nothing in this section may be construed as establishing new regulatory
authority for the Secretary or the Director to issue or modify any occupational
safety and health rule or regulation.

29 USC 669a
Pub. L. 107-188,
Title I, § 153
added this text.

SEC. 22. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY
AND HEALTH
(a) 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 2 of this Act and to perform the functions of
the Secretary of Health and Human Services under sections 20 and 21 of this Act.
(b) 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) 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 20 and 21 of this Act.
(d) Upon his own initiative, or upon the request of 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

29 USC 671

Secretary of Health and Human Services.
(e) 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 -(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, United States Code;
(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, United States Code;
(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 3709 of the Revised Statutes, as amended (41 U.S.C. 5), 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.
Pub. L. 97-258
(b) 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) 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 20 and 21 of this Act.

(d) Upon his own initiative, or upon the request of 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) 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 -(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, United States Code;
(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, United States Code;
(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 3709 of the Revised Statutes, as amended (41 U.S.C. 5), 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.
Pub. L. 97-258
(f) 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 Act, 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
lead-based paint activities.

Pub. L. 102-550
added subsection
(g).

(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 lead-based paint
activities (as defined in Title IV of the Toxic Substances Control Act),
(ii) which have demonstrated experience in implementing and operating
health and safety training and education programs, and
(iii) with a demonstrated ability to reach, and involve in lead-based
paint training programs, target populations of individuals who are or
will be engaged in lead-based paint activities. Grants under this
subsection shall be awarded only to those organizations that fund at
least 30 percent of their lead-based paint activities training programs
from non-Federal sources, excluding in-kind contributions. Grants may
also be made to local governments to carry out such training and
education for their employees.
(C) There are authorized to be appropriated, a minimum, $10,000,000 to the
Institute for each of the fiscal years 1994 through 1997 to make grants
under this paragraph.
(2) Evaluation of Programs. The Institute shall conduct periodic and
comprehensive assessments of the efficacy of the worker and supervisor
training programs developed and offered by those receiving grants under this
section. The Director shall prepare reports on the results of these assessments
addressed to the Administrator of the Environmental Protection Agency to
include recommendations as may be appropriate for the revision of these
programs. The sum of $500,000 is authorized to be appropriated to the Institute
for each of the fiscal years 1994 through 1997 to carry out this paragraph.
WORKERS' FAMILY PROTECTION
(a) Short title
This section may be cited as the "Workers' Family Protection Act''.
(b) Findings and purpose

29 USC 671a

(1) Findings
Congress finds that-(A) hazardous chemicals and substances that can threaten the health and
safety of workers are being transported out of industries on workers'
clothing and persons;
(B) these chemicals and substances have the potential to pose an additional
threat to the health and welfare of workers and their families;
(C) additional information is needed concerning issues related to
employee transported contaminant releases; and
(D) additional regulations may be needed to prevent future releases of this
type.
(2) Purpose
It is the purpose of this section to-(A) increase understanding and awareness concerning the extent and
possible health impacts of the problems and incidents described in
paragraph (1);
(B) prevent or mitigate future incidents of home contamination that could
adversely affect the health and safety of workers and their families;
(C) clarify regulatory authority for preventing and responding to such
incidents; and
(D) assist workers in redressing and responding to such incidents when they
occur.
(c) Evaluation of employee transported contaminant releases
(1) Study
(A) In general
Not later than 18 months after October 26, 1992, the Director of the
National Institute for Occupational Safety and Health (hereafter in this
section referred to as the "Director"), in cooperation with the Secretary of
Labor, the Administrator of the Environmental Protection Agency, the
Administrator of the Agency for Toxic Substances and Disease Registry,
and the heads of other Federal Government agencies as determined to be
appropriate by the Director, shall conduct a study to evaluate the potential
for, the prevalence of, and the issues related to the contamination of
workers' homes with hazardous chemicals and substances, including
infectious agents, transported from the workplaces of such workers.
(B) Matters to be evaluated
In conducting the study and evaluation under subparagraph (A), the
Director shall-(i) conduct a review of past incidents of home contamination through
the utilization of literature and of records concerning past investigations

Pub. L. 102-522,
Title II, §209
added this text.

and enforcement actions undertaken by-(I) the National Institute for Occupational Safety and Health;
(II) the Secretary of Labor to enforce the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.);
(III) States to enforce occupational safety and health standards in
accordance with section 18 of such Act (29 U.S.C. 667); and
(IV) other government agencies (including the Department of
Energy and the Environmental Protection Agency), as the Director
may determine to be appropriate;
(ii) evaluate current statutory, regulatory, and voluntary industrial
hygiene or other measures used by small, medium and large employers
to prevent or remediate home contamination;
(iii) compile a summary of the existing research and case histories
conducted on incidents of employee transported contaminant releases,
including-(I) the effectiveness of workplace housekeeping practices and
personal protective equipment in preventing such incidents;
(II) the health effects, if any, of the resulting exposure on workers
and their families;
(III) the effectiveness of normal house cleaning and laundry
procedures for removing hazardous materials and agents from
workers' homes and personal clothing;
(IV) indoor air quality, as the research concerning such pertains to
the fate of chemicals transported from a workplace into the home
environment; and
(V) methods for differentiating exposure health effects and relative
risks associated with specific agents from other sources of exposure
inside and outside the home;
(iv) identify the role of Federal and State agencies in responding to
incidents of home contamination;
(v) prepare and submit to the Task Force established under paragraph
(2) and to the appropriate committees of Congress, a report concerning
the results of the matters studied or evaluated under clauses (i) through
(iv); and
(vi) study home contamination incidents and issues and worker and
family protection policies and practices related to the special
circumstances of firefighters and prepare and submit to the appropriate
committees of Congress a report concerning the findings with respect to
such study.

(2) Development of investigative strategy
(A) Task Force
Not later than 12 months after October 26, 1992, the Director shall establish
a working group, to be known as the "Workers' Family Protection Task
Force". The Task Force shall-(i) be composed of not more than 15 individuals to be appointed by the
Director from among individuals who are representative of workers,
industry, scientists, industrial hygienists, the National Research
Council, and government agencies, except that not more than one such
individual shall be from each appropriate government agency and the
number of individuals appointed to represent industry and workers shall
be equal in number;
(ii) review the report submitted under paragraph (1)(B)(v);
(iii) determine, with respect to such report, the additional data needs, if
any, and the need for additional evaluation of the scientific issues
related to and the feasibility of developing such additional data; and
(iv) if additional data are determined by the Task Force to be needed,
develop a recommended investigative strategy for use in obtaining such
information.
(B) Investigative strategy
(i) Content
The investigative strategy developed under subparagraph (A)(iv) shall
identify data gaps that can and cannot be filled, assumptions and
uncertainties associated with various components of such strategy, a
timetable for the implementation of such strategy, and methodologies
used to gather any required data.
(ii) Peer review
The Director shall publish the proposed investigative strategy under
subparagraph (A)(iv) for public comment and utilize other methods,
including technical conferences or seminars, for the purpose of
obtaining comments concerning the proposed strategy.
(iii) Final strategy
After the peer review and public comment is conducted under clause
(ii), the Director, in consultation with the heads of other government
agencies, shall propose a final strategy for investigating issues related to
home contamination that shall be implemented by the National Institute
for Occupational Safety and Health and other Federal agencies for the
period of time necessary to enable such agencies to obtain the
information identified under subparagraph (A)(iii).
(C) Construction
Nothing in this section shall be construed as precluding any government
agency from investigating issues related to home contamination using

existing procedures until such time as a final strategy is developed or from
taking actions in addition to those proposed in the strategy after its
completion.
(3) Implementation of investigative strategy
Upon completion of the investigative strategy under subparagraph (B)(iii), each
Federal agency or department shall fulfill the role assigned to it by the strategy.
(d) Regulations
(1) In general
Not later than 4 years after October 26, 1992, and periodically thereafter, the
Secretary of Labor, based on the information developed under subsection (c) of
this section and on other information available to the Secretary, shall-(A) determine if additional education about, emphasis on, or enforcement of
existing regulations or standards is needed and will be sufficient, or if
additional regulations or standards are needed with regard to employee
transported releases of hazardous materials; and
(B) prepare and submit to the appropriate committees of Congress a report
concerning the result of such determination.
(2) Additional regulations or standards If the Secretary of Labor determines that
additional regulations or standards are needed under paragraph (1), the
Secretary shall promulgate, pursuant to the Secretary's authority under the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), such
regulations or standards as determined to be appropriate not later than 3 years
after such determination.
(e) Authorization of appropriations There are authorized to be appropriated from
sums otherwise authorized to be appropriated, for each fiscal year such sums as
may be necessary to carry out this section.