SEC.
21. Training and Employee Education
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(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
--
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29
USC 670
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((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.
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(b)
The Secretary is also authorized to conduct, directly or by
grants or contracts, short-term 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 --
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(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
(2)
consult with and advise employers and employees, and
organizations representing employers and employees as to
effective means of preventing occupational injuries and
illnesses.
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Pub.
L. 105-97, §2 added subsection (d). See
Historical notes.
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(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 --
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(A)
the application of occupational safety and health requirements
under this Act or 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.
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(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 --
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(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.
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(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.
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