OSH Act 29 USC 655 Section 6

29 USC 655
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 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 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,
(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.
(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.