29 Usc 655

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chapter which are applicable to his own actions
and conduct.
(Pub. L. 91–596, § 5, Dec. 29, 1970, 84 Stat. 1593.)
§ 655. Standards
(a) Promulgation by Secretary of national consensus standards and established Federal
standards; time for promulgation; conflicting
standards
Without regard to chapter 5 of title 5 or to the
other subsections of this section, the Secretary
shall, as soon as practicable during the period
beginning with the effective date of this chapter
and ending two years after such date, by rule
promulgate as an occupational safety or health
standard any national consensus standard, and
any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or
health for specifically designated employees. In
the event of conflict among any such standards,
the Secretary shall promulgate the standard
which assures the greatest protection of the
safety or health of the affected employees.
(b) Procedure for promulgation, modification, or
revocation of standards
The Secretary may by rule promulgate, modify, or revoke any occupational safety or health
standard in the following manner:
(1) Whenever the Secretary, upon the basis of
information submitted to him in writing by an
interested person, a representative of any organization of employers or employees, a nationally
recognized standards-producing organization,
the Secretary of Health and Human Services,
the National Institute for Occupational Safety
and Health, or a State or political subdivision,
or on the basis of information developed by the
Secretary or otherwise available to him, determines that a rule should be promulgated in
order to serve the objectives of this chapter, the
Secretary may request the recommendations of
an advisory committee appointed under section
656 of this title. The Secretary shall provide
such an advisory committee with any proposals
of his own or of the Secretary of Health and
Human Services, together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, or
otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary
its recommendations regarding the rule to be
promulgated within ninety days from the date
of its appointment or within such longer or
shorter period as may be prescribed by the Secretary, but in no event for a period which is
longer than two hundred and seventy days.
(2) The Secretary shall publish a proposed rule
promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons
a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary
determines that a rule should be issued, he shall
publish the proposed rule within sixty days after
the submission of the advisory committee’s recommendations or the expiration of the period
prescribed by the Secretary for such submission.

§ 655

(3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds
therefor and requesting a public hearing on such
objections. Within thirty days after the last day
for filing such objections, the Secretary shall
publish in the Federal Register a notice specifying the occupational safety or health standard
to which objections have been filed and a hearing requested, and specifying a time and place
for such hearing.
(4) Within sixty days after the expiration of
the period provided for the submission of written data or comments under paragraph (2), or
within sixty days after the completion of any
hearing held under paragraph (3), the Secretary
shall issue a rule promulgating, modifying, or
revoking an occupational safety or health standard or make a determination that a rule should
not be issued. Such a rule may contain a provision delaying its effective date for such period
(not in excess of ninety days) as the Secretary
determines may be necessary to insure that affected employers and employees will be informed of the existence of the standard and of
its terms and that employers affected are given
an opportunity to familiarize themselves and
their employees with the existence of the requirements of the standard.
(5) The Secretary, in promulgating standards
dealing with toxic materials or harmful physical
agents under this subsection, shall set the
standard which most adequately assures, to the
extent feasible, on the basis of the best available
evidence, that no employee will suffer material
impairment of health or functional capacity
even if such employee has regular exposure to
the hazard dealt with by such standard for the
period of his working life. Development of standards under this subsection shall be based upon
research, demonstrations, experiments, and such
other information as may be appropriate. In addition to the attainment of the highest degree of
health and safety protection for the employee,
other considerations shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this
and other health and safety laws. Whenever
practicable, the standard promulgated shall be
expressed in terms of objective criteria and of
the performance desired.
(6)(A) Any employer may apply to the Secretary for a temporary order granting a variance from a standard or any provision thereof
promulgated under this section. Such temporary
order shall be granted only if the employer files
an application which meets the requirements of
clause (B) and establishes that (i) he is unable to
comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment
needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (ii) he is taking all available steps
to safeguard his employees against the hazards
covered by the standard, and (iii) he has an effective program for coming into compliance
with the standard as quickly as practicable. Any

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temporary order issued under this paragraph
shall prescribe the practices, means, methods,
operations, and processes which the employer
must adopt and use while the order is in effect
and state in detail his program for coming into
compliance with the standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing:
Provided, That the Secretary may issue one interim order to be effective until a decision is
made on the basis of the hearing. No temporary
order may be in effect for longer than the period
needed by the employer to achieve compliance
with the standard or one year, whichever is
shorter, except that such an order may be renewed not more than twice (I) so long as the requirements of this paragraph are met and (II) if
an application for renewal is filed at least 90
days prior to the expiration date of the order.
No interim renewal of an order may remain in
effect for longer than 180 days.
(B) An application for a temporary order
under this paragraph (6) shall contain:
(i) a specification of the standard or portion
thereof from which the employer seeks a variance,
(ii) a representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts
represented, that he is unable to comply with
the standard or portion thereof and a detailed
statement of the reasons therefor,
(iii) a statement of the steps he has taken
and will take (with specific dates) to protect
employees against the hazard covered by the
standard,
(iv) a statement of when he expects to be
able to comply with the standard and what
steps he has taken and what steps he will take
(with dates specified) to come into compliance
with the standard, and
(v) a certification that he has informed his
employees of the application by giving a copy
thereof to their authorized representative,
posting a statement giving a summary of the
application and specifying where a copy may
be examined at the place or places where notices to employees are normally posted, and
by other appropriate means.
A description of how employees have been informed shall be contained in the certification.
The information to employees shall also inform
them of their right to petition the Secretary for
a hearing.
(C) The Secretary is authorized to grant a
variance from any standard or portion thereof
whenever he determines, or the Secretary of
Health and Human Services certifies, that such
variance is necessary to permit an employer to
participate in an experiment approved by him or
the Secretary of Health and Human Services designed to demonstrate or validate new and improved techniques to safeguard the health or
safety of workers.
(7) Any standard promulgated under this subsection shall prescribe the use of labels or other
appropriate forms of warning as are necessary to
insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or

Page 152

exposure. Where appropriate, such standard
shall also prescribe suitable protective equipment and control or technological procedures to
be used in connection with such hazards and
shall provide for monitoring or measuring employee exposure at such locations and intervals,
and in such manner as may be necessary for the
protection of employees. In addition, where appropriate, any such standard shall prescribe the
type and frequency of medical examinations or
other tests which shall be made available, by
the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure.
In the event such medical examinations are in
the nature of research, as determined by the
Secretary of Health and Human Services, such
examinations may be furnished at the expense of
the Secretary of Health and Human Services.
The results of such examinations or tests shall
be furnished only to the Secretary or the Secretary of Health and Human Services, and, at
the request of the employee, to his physician.
The Secretary, in consultation with the Secretary of Health and Human Services, may by
rule promulgated pursuant to section 553 of title
5, make appropriate modifications in the foregoing requirements relating to the use of labels
or other forms of warning, monitoring or measuring, and medical examinations, as may be
warranted by experience, information, or medical or technological developments acquired subsequent to the promulgation of the relevant
standard.
(8) Whenever a rule promulgated by the Secretary differs substantially from an existing national consensus standard, the Secretary shall,
at the same time, publish in the Federal Register a statement of the reasons why the rule as
adopted will better effectuate the purposes of
this chapter than the national consensus standard.
(c) Emergency temporary standards
(1) The Secretary shall provide, without regard to the requirements of chapter 5 of title 5,
for an emergency temporary standard to take
immediate effect upon publication in the Federal Register if he determines (A) that employees are exposed to grave danger from exposure
to substances or agents determined to be toxic
or physically harmful or from new hazards, and
(B) that such emergency standard is necessary
to protect employees from such danger.
(2) Such standard shall be effective until superseded by a standard promulgated in accordance with the procedures prescribed in paragraph (3) of this subsection.
(3) Upon publication of such standard in the
Federal Register the Secretary shall commence
a proceeding in accordance with subsection (b)
of this section, and the standard as published
shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a
standard under this paragraph no later than six
months after publication of the emergency
standard as provided in paragraph (2) of this subsection.
(d) Variances from standards; procedure
Any affected employer may apply to the Secretary for a rule or order for a variance from a

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standard promulgated under this section. Affected employees shall be given notice of each
such application and an opportunity to participate in a hearing. The Secretary shall issue such
rule or order if he determines on the record,
after opportunity for an inspection where appropriate and a hearing, that the proponent of the
variance has demonstrated by a preponderance
of the evidence that the conditions, practices,
means, methods, operations, or processes used
or proposed to be used by an employer will provide employment and places of employment to
his employees which are as safe and healthful as
those which would prevail if he complied with
the standard. The rule or order so issued shall
prescribe the conditions the employer must
maintain, and the practices, means, methods,
operations, and processes which he must adopt
and utilize to the extent they differ from the
standard in question. Such a rule or order may
be modified or revoked upon application by an
employer, employees, or by the Secretary on his
own motion, in the manner prescribed for its issuance under this subsection at any time after
six months from its issuance.
(e) Statement of reasons for Secretary’s determinations; publication in Federal Register
Whenever the Secretary promulgates any
standard, makes any rule, order, or decision,
grants any exemption or extension of time, or
compromises, mitigates, or settles any penalty
assessed under this chapter, he shall include a
statement of the reasons for such action, which
shall be published in the Federal Register.
(f) Judicial review
Any person who may be adversely affected by
a standard issued under this section may at any
time prior to the sixtieth day after such standard is promulgated file a petition challenging
the validity of such standard with the United
States court of appeals for the circuit wherein
such person resides or has his principal place of
business, for a judicial review of such standard.
A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a
stay of the standard. The determinations of the
Secretary shall be conclusive if supported by
substantial evidence in the record considered as
a whole.
(g) Priority for establishment of standards
In determining the priority for establishing
standards under this section, the Secretary shall
give due regard to the urgency of the need for
mandatory safety and health standards for particular industries, trades, crafts, occupations,
businesses, workplaces or work environments.
The Secretary shall also give due regard to the
recommendations of the Secretary of Health and
Human Services regarding the need for mandatory standards in determining the priority for
establishing such standards.
(Pub. L. 91–596, § 6, Dec. 29, 1970, 84 Stat. 1593;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec. (a), is the effective date of Pub. L. 91–596, Dec. 29,

1970, 84 Stat. 1590, which is 120 days after Dec. 29, 1970,
see section 34 of Pub. L. 91–596, set out as an Effective
Date note under section 651 of this title.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (b)(1), (6)(C), (7), and (g) pursuant to
section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on January 5, 1973,
to terminate not later than the expiration of the 2-year
period following January 5, 1973, unless, in the case of
a committee established by the President or an officer
of the Federal Government, such committee is renewed
by appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
PROHIBITION ON EXPOSURE OF WORKERS TO CHEMICAL
OR OTHER HAZARDS FOR PURPOSE OF CONDUCTING
EXPERIMENTS
Pub. L. 102–394, title I, § 102, Oct. 6, 1992, 106 Stat. 1799,
provided that: ‘‘None of the funds appropriated under
this Act or subsequent Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Acts shall be used to grant variances, interim orders or letters of clarification to employers which will allow exposure of workers to chemicals or other workplace hazards in excess of existing
Occupational Safety and Health Administration standards for the purpose of conducting experiments on
workers’ health or safety.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 102–170, title I, § 102, Nov. 26, 1991, 105 Stat.
1114.
Pub. L. 101–517, title I, § 102, Nov. 5, 1990, 104 Stat.
2196.
Pub. L. 101–166, title I, § 102, Nov. 21, 1989, 103 Stat.
1165.
Pub. L. 100–202, § 101(h) [title I, § 102], Dec. 22, 1987, 101
Stat. 1329–256, 1329–263.
Pub. L. 99–500, § 101(i) [H.R. 5233, title I, § 102], Oct. 18,
1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R.
5233, title I, § 102], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title I, § 102, Dec. 12, 1985, 99 Stat. 1109.
Pub. L. 98–619, title I, § 102, Nov. 8, 1984, 98 Stat. 3311.
OCCUPATIONAL HEALTH STANDARD CONCERNING
EXPOSURE TO BLOODBORNE PATHOGENS
Pub. L. 102–170, title I, § 100, Nov. 26, 1991, 105 Stat.
1113, provided that:
‘‘(a) Notwithstanding any other provision of law, on
or before December 1, 1991, the Secretary of Labor, acting under the Occupational Safety and Health Act of
1970 [29 U.S.C. 651 et seq.], shall promulgate a final occupational health standard concerning occupational exposure to bloodborne pathogens. The final standard
shall be based on the proposed standard as published in
the Federal Register on May 30, 1989 (54 FR 23042), concerning occupational exposures to the hepatitis B
virus, the human immunodeficiency virus and other
bloodborne pathogens.
‘‘(b) In the event that the final standard referred to
in subsection (a) is not promulgated by the date required under such subsection, the proposed standard on
occupational exposure to bloodborne pathogens as published in the Federal Register on May 30, 1989 (54 FR
23042) shall become effective as if such proposed standard had been promulgated as a final standard by the
Secretary of Labor, and remain in effect until the date
on which such Secretary promulgates the final standard referred to in subsection (a).

§ 655

TITLE 29—LABOR

‘‘(c) Nothing in this Act [enacting section 962 of Title
30, Mineral Lands and Mining, amending section 290b of
Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 1070a of Title 20,
Education and section 1383 of Title 42, and amending
provisions set out as notes under section 1255a of Title
8, Aliens and Nationality, and section 1221–1 of Title 20]
shall be construed to require the Secretary of Labor
(acting through the Occupational Safety and Health
Administration) to revise the employment accident reporting regulations published at 29 C.F.R. 1904.8.’’
RETENTION OF MARKINGS AND PLACARDS
Pub. L. 101–615, § 29, Nov. 16, 1990, 104 Stat. 3277, provided that: ‘‘Not later than 18 months after the date of
enactment of this Act [Nov. 16, 1990], the Secretary of
Labor, in consultation with the Secretary of Transportation and the Secretary of the Treasury, shall issue
under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)) standards requiring
any employer who receives a package, container, motor
vehicle, rail freight car, aircraft, or vessel which contains a hazardous material and which is required to be
marked, placarded, or labeled in accordance with regulations issued under the Hazardous Materials Transportation Act [former 49 U.S.C. 1801 et seq.] to retain the
markings, placards, and labels, and any other information as may be required by such regulations on the
package, container, motor vehicle, rail freight car, aircraft, or vessel, until the hazardous materials have
been removed therefrom.’’
CHEMICAL PROCESS SAFETY MANAGEMENT
Pub. L. 101–549, title III, § 304, Nov. 15, 1990, 104 Stat.
2576, provided that:
‘‘(a) CHEMICAL PROCESS SAFETY STANDARD.—The Secretary of Labor shall act under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653) [29 U.S.C. 651 et
seq.] to prevent accidental releases of chemicals which
could pose a threat to employees. Not later than 12
months after the date of enactment of the Clean Air
Act Amendments of 1990 [Nov. 15, 1990], the Secretary
of Labor, in coordination with the Administrator of the
Environmental Protection Agency, shall promulgate,
pursuant to the Occupational Safety and Health Act, a
chemical process safety standard designed to protect
employees from hazards associated with accidental releases of highly hazardous chemicals in the workplace.
‘‘(b) LIST OF HIGHLY HAZARDOUS CHEMICALS.—The
Secretary shall include as part of such standard a list
of highly hazardous chemicals, which include toxic,
flammable, highly reactive and explosive substances.
The list of such chemicals may include those chemicals
listed by the Administrator under section 302 of the
Emergency Planning and Community Right to Know
Act of 1986 [42 U.S.C. 11002]. The Secretary may make
additions to such list when a substance is found to pose
a threat of serious injury or fatality in the event of an
accidental release in the workplace.
‘‘(c) ELEMENTS OF SAFETY STANDARD.—Such standard
shall, at minimum, require employers to—
‘‘(1) develop and maintain written safety information identifying workplace chemical and process hazards, equipment used in the processes, and technology used in the processes;
‘‘(2) perform a workplace hazard assessment, including, as appropriate, identification of potential
sources of accidental releases, an identification of
any previous release within the facility which had a
likely potential for catastrophic consequences in the
workplace, estimation of workplace effects of a range
of releases, estimation of the health and safety effects of such range on employees;
‘‘(3) consult with employees and their representatives on the development and conduct of hazard assessments and the development of chemical accident
prevention plans and provide access to these and
other records required under the standard;
‘‘(4) establish a system to respond to the workplace
hazard assessment findings, which shall address prevention, mitigation, and emergency responses;

Page 154

‘‘(5) periodically review the workplace hazard assessment and response system;
‘‘(6) develop and implement written operating procedures for the chemical process including procedures
for each operating phase, operating limitations, and
safety and health considerations;
‘‘(7) provide written safety and operating information to employees and train employees in operating
procedures, emphasizing hazards and safe practices;
‘‘(8) ensure contractors and contract employees are
provided appropriate information and training;
‘‘(9) train and educate employees and contractors in
emergency response in a manner as comprehensive
and effective as that required by the regulation promulgated pursuant to section 126(d) of the Superfund
Amendments and Reauthorization Act [of 1986] [Pub.
L. 99–499, set out in a note below];
‘‘(10) establish a quality assurance program to ensure that initial process related equipment, maintenance materials, and spare parts are fabricated and
installed consistent with design specifications;
‘‘(11) establish maintenance systems for critical
process related equipment including written procedures, employee training, appropriate inspections,
and testing of such equipment to ensure ongoing mechanical integrity;
‘‘(12) conduct pre-start-up safety reviews of all
newly installed or modified equipment;
‘‘(13) establish and implement written procedures to
manage change to process chemicals, technology,
equipment and facilities; and
‘‘(14) investigate every incident which results in or
could have resulted in a major accident in the workplace, with any findings to be reviewed by operating
personnel and modifications made if appropriate.
‘‘(d) STATE AUTHORITY.—Nothing in this section may
be construed to diminish the authority of the States
and political subdivisions thereof as described in section 112(r)(11) of the Clean Air Act [42 U.S.C.
7412(r)(11)].’’
WORKER PROTECTION STANDARDS
Pub. L. 99–499, title I, § 126(a)–(f), Oct. 17, 1986, 100
Stat. 1690–1692, as amended by Pub. L. 100–202, § 101(f)
[title II, § 201], Dec. 22, 1987, 101 Stat. 1329–187, 1329–198,
provided:
‘‘(a) PROMULGATION.—Within one year after the date
of the enactment of this section [Oct. 17, 1986], the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 [29 U.S.C. 655],
promulgate standards for the health and safety protection of employees engaged in hazardous waste operations.
‘‘(b) PROPOSED STANDARDS.—The Secretary of Labor
shall issue proposed regulations on such standards
which shall include, but need not be limited to, the following worker protection provisions:
‘‘(1) SITE ANALYSIS.—Requirements for a formal
hazard analysis of the site and development of a site
specific plan for worker protection.
‘‘(2) TRAINING.—Requirements for contractors to
provide initial and routine training of workers before
such workers are permitted to engage in hazardous
waste operations which would expose them to toxic
substances.
‘‘(3) MEDICAL SURVEILLANCE.—A program of regular
medical examination, monitoring, and surveillance of
workers engaged in hazardous waste operations which
would expose them to toxic substances.
‘‘(4) PROTECTIVE EQUIPMENT.—Requirements for appropriate personal protective equipment, clothing,
and respirators for work in hazardous waste operations.
‘‘(5) ENGINEERING CONTROLS.—Requirements for engineering controls concerning the use of equipment
and exposure of workers engaged in hazardous waste
operations.
‘‘(6) MAXIMUM EXPOSURE LIMITS.—Requirements for
maximum exposure limitations for workers engaged
in hazardous waste operations, including necessary
monitoring and assessment procedures.

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‘‘(7) INFORMATIONAL PROGRAM.—A program to inform workers engaged in hazardous waste operations
of the nature and degree of toxic exposure likely as
a result of such hazardous waste operations.
‘‘(8) HANDLING.—Requirements for the handling,
transporting, labeling, and disposing of hazardous
wastes.
‘‘(9) NEW TECHNOLOGY PROGRAM.—A program for the
introduction of new equipment or technologies that
will maintain worker protections.
‘‘(10) DECONTAMINATION PROCEDURES.—Procedures
for decontamination.
‘‘(11) EMERGENCY RESPONSE.—Requirements for
emergency response and protection of workers engaged in hazardous waste operations.
‘‘(c) FINAL REGULATIONS.—Final regulations under
subsection (a) shall take effect one year after the date
they are promulgated. In promulgating final regulations on standards under subsection (a), the Secretary
of Labor shall include each of the provisions listed in
paragraphs (1) through (11) of subsection (b) unless the
Secretary determines that the evidence in the public
record considered as a whole does not support inclusion
of any such provision.
‘‘(d) SPECIFIC TRAINING STANDARDS.—
‘‘(1) OFFSITE INSTRUCTION; FIELD EXPERIENCE.—
Standards promulgated under subsection (a) shall include training standards requiring that general site
workers (such as equipment operators, general laborers, and other supervised personnel) engaged in hazardous substance removal or other activities which
expose or potentially expose such workers to hazardous substances receive a minimum of 40 hours of initial instruction off the site, and a minimum of three
days of actual field experience under the direct supervision of a trained, experienced supervisor, at the
time of assignment. The requirements of the preceding sentence shall not apply to any general site worker who has received the equivalent of such training.
Workers who may be exposed to unique or special
hazards shall be provided additional training.
‘‘(2) TRAINING OF SUPERVISORS.—Standards promulgated under subsection (a) shall include training
standards requiring that onsite managers and supervisors directly responsible for the hazardous waste
operations (such as foremen) receive the same training as general site workers set forth in paragraph (1)
of this subsection and at least eight additional hours
of specialized training on managing hazardous waste
operations. The requirements of the preceding sentence shall not apply to any person who has received
the equivalent of such training.
‘‘(3) CERTIFICATION; ENFORCEMENT.—Such training
standards shall contain provisions for certifying that
general site workers, onsite managers, and supervisors have received the specified training and shall
prohibit any individual who has not received the
specified training from engaging in hazardous waste
operations covered by the standard. The certification
procedures shall be no less comprehensive than those
adopted by the Environmental Protection Agency in
its Model Accreditation Plan for Asbestos Abatement
Training as required under the Asbestos Hazard
Emergency Response Act of 1986 [Pub. L. 99–519, see
Short Title of 1986 Amendment note, set out under
section 2601 of Title 15, Commerce and Trade].
‘‘(4) TRAINING OF EMERGENCY RESPONSE PERSONNEL.—Such training standards shall set forth requirements for the training of workers who are responsible
for responding to hazardous emergency situations
who may be exposed to toxic substances in carrying
out their responsibilities.
‘‘(e) INTERIM REGULATIONS.—The Secretary of Labor
shall issue interim final regulations under this section
within 60 days after the enactment of this section [Oct.
17, 1986] which shall provide no less protection under
this section for workers employed by contractors and
emergency response workers than the protections contained in the Environmental Protection Agency Manual (1981) ‘Health and Safety Requirements for Employ-

§ 656

ees Engaged in Field Activities’ and existing standards
under the Occupational Safety and Health Act of 1970
[29 U.S.C. 651 et seq.] found in subpart C of part 1926 of
title 29 of the Code of Federal Regulations. Such interim final regulations shall take effect upon issuance
and shall apply until final regulations become effective
under subsection (c).
‘‘(f) COVERAGE OF CERTAIN STATE AND LOCAL EMPLOYEES.—Not later than 90 days after the promulgation of
final regulations under subsection (a), the Administrator shall promulgate standards identical to those
promulgated by the Secretary of Labor under subsection (a). Standards promulgated under this subsection shall apply to employees of State and local governments in each State which does not have in effect
an approved State plan under section 18 of the Occupational Safety and Health Act of 1970 [29 U.S.C. 667] providing for standards for the health and safety protection of employees engaged in hazardous waste operations.’’

§ 656. Administration
(a) National Advisory Committee on Occupational Safety and Health; establishment;
membership; appointment; Chairman; functions; meetings; compensation; secretarial
and clerical personnel
(1) There is hereby established a National Advisory Committee on Occupational Safety and
Health consisting of twelve members appointed
by the Secretary, four of whom are to be designated by the Secretary of Health and Human
Services, without regard to the provisions of
title 5 governing appointments in the competitive service, and composed of representatives of
management, labor, occupational safety and occupational health professions, and of the public.
The Secretary shall designate one of the public
members as Chairman. The members shall be selected upon the basis of their experience and
competence in the field of occupational safety
and health.
(2) The Committee shall advise, consult with,
and make recommendations to the Secretary
and the Secretary of Health and Human Services
on matters relating to the administration of
this chapter. The Committee shall hold no fewer
than two meetings during each calendar year.
All meetings of the Committee shall be open to
the public and a transcript shall be kept and
made available for public inspection.
(3) The members of the Committee shall be
compensated in accordance with the provisions
of section 3109 of title 5.
(4) The Secretary shall furnish to the Committee an executive secretary and such secretarial,
clerical, and other services as are deemed necessary to the conduct of its business.
(b) Advisory committees; appointment; duties;
membership; compensation; reimbursement
to member’s employer; meetings; availability
of records; conflict of interest
An advisory committee may be appointed by
the Secretary to assist him in his standard-setting functions under section 655 of this title.
Each such committee shall consist of not more
than fifteen members and shall include as a
member one or more designees of the Secretary
of Health and Human Services, and shall include
among its members an equal number of persons
qualified by experience and affiliation to present
the viewpoint of the employers involved, and of