Download:
pdf |
pdfSEC. 21. Training and Employee Education
29 USC 670
(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 -(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.
(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 -(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)
Pub. L. 105-97, §2 added subsection (d). See Historical notes.
consult with and advise employers and employees, and organizations
representing employers and employees as to effective means of
preventing occupational injuries and illnesses.
(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 -(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.
(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 -(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.
(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.
File Type | application/pdf |
Author | Andrews, Peter - OSHA |
File Modified | 2023-02-06 |
File Created | 2023-02-06 |