OSH Act Section 6 USC 655

OSH Act Sec 6, 29 USC 655.pdf

Inorganic Arsenic Standard (29 CFR 1910.1018)

OSH Act Section 6 USC 655

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Occupational Safety and Health Standards | Occupational Safety and Health Administration

OSH Act of 1970
 /  
Occupational Safety and Health Standards
SEC. 6. Occupational Safety and Health Standards
(a) Without regard to chapter 5 of title 5, United States Code, or to the other subsections
of this section, the Secretary shall, as soon as practicable during the period beginning with
29 USC 655
the effective date of this Act 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) 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 standardsproducing 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 Act, the Secretary may request the recommendations of an advisory committee appointed
under section 7 of this Act. 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.
(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

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Occupational Safety and Health Standards | Occupational Safety and Health Administration

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 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 that 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 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,
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Occupational Safety and Health Standards | Occupational Safety and Health Administration

(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 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, United States Code, 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 Act than the national consensus standard.
(c)  

(1) The Secretary shall provide, without regard to the requirements of chapter 5, title 5, Unites States Code,
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.
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Occupational Safety and Health Standards | Occupational Safety and Health Administration

(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 section 6 (b) of this Act, 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) Any affected employer may apply to the Secretary for a rule or order for a variance from a 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) 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 Act, he shall include a
statement of the reasons for such action, which shall be published in the Federal Register.
(f) 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) 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.

UNITED STATES

DEPARTMENT OF LABOR
Occupational Safety & Health Administration
200 Constitution Ave NW
Washington, DC 20210
 800-321-6742 (OSHA)
TTY
www.OSHA.gov
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