Authorizing Legislation

Att1b-OSH Act of 1977_29 USC 669 Section 20(a)(1)).pdf

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Authorizing Legislation

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OSH Act of 1970 /  Research and Related Activities

(a)

SEC. 20. Research and Related Activities
(1) The Secretary of Health and Human Services, after consultation with the
Secretary and with other appropriate Federal departments or agencies, shall
conduct (directly or by grants or contracts) research, experiments, and
demonstrations relating to occupational safety and health, including studies of
psychological factors involved, and relating to innovative methods, techniques, and
approaches for dealing with occupational safety and health problems.

29 USC 669

(2) The Secretary of Health and Human Services shall from time to time consult with the Secretary in order
to develop specific plans for such research, demonstrations, and experiments as are necessary to produce
criteria, including criteria identifying toxic substances, enabling the Secretary to meet his responsibility for
the formulation of safety and health standards under this Act; and the Secretary of Health and Human
Services, on the basis of such research, demonstrations, and experiments and any other information
available to him, shall develop and publish at least annually such criteria as will effectuate the purposes of
this Act.
(3) The Secretary of Health and Human Services, on the basis of such research, demonstrations, and
experiments, and any other information available to him, shall develop criteria dealing with toxic materials
and harmful physical agents and substances which will describe exposure levels that are safe for various
periods of employment, including but not limited to the exposure levels at which no employee will suffer
impaired health or functional capacities or diminished life expectancy as a result of his work experience.
(4) The Secretary of Health and Human Services shall also conduct special research, experiments, and
demonstrations relating to occupational safety and health as are necessary to explore new problems,
including those created by new technology in occupational safety and health, which may require
ameliorative action beyond that which is otherwise provided for in the operating provisions of this Act. The
Secretary of Health and Human Services shall also conduct research into the motivational and behavioral
factors relating to the field of occupational safety and health.
(5) The Secretary of Health and Human Services, in order to comply with his responsibilities under
paragraph (2), and in order to develop needed information regarding potentially toxic substances or harmful
physical agents, may prescribe regulations requiring employers to measure, record, and make reports on
the exposure of employees to substances or physical agents which the Secretary of Health and Human
Services reasonably believes may endanger the health or safety of employees. The Secretary of Health and
Human Services also is authorized to establish such programs of medical examinations and tests as may
be necessary for determining the incidence of occupational illnesses and the susceptibility of employees to
such illnesses. Nothing in this or any other provision of this Act shall be deemed to authorize or require
medical examination, immunization, or treatment for those who object thereto on religious grounds, except
where such is necessary for the protection of the health or safety of others. Upon the request of any
employer who is required to measure and record exposure of employees to substances or physical agents
as provided under this subsection, the Secretary of Health and Human Services shall furnish full financial or
other assistance to such employer for the purpose of defraying any additional expense incurred by him in
carrying out the measuring and recording as provided in this subsection.
(6) The Secretary of Health and Human Services shall publish within six months of enactment of this Act
and thereafter as needed but at least annually a list of all known toxic substances by generic family or other
useful grouping, and the concentrations at which such toxicity is known to occur. He shall determine
following a written request by any employer or authorized representative of employees, specifying with

reasonable particularity the grounds on which the request is made, whether any substance normally found
in the place of employment has potentially toxic effects in such concentrations as used or found; and shall
submit such determination both to employers and affected employees as soon as possible. If the Secretary
of Health and Human Services determines that any substance is potentially toxic at the concentrations in
which it is used or found in a place of employment, and such substance is not covered by an occupational
safety or health standard promulgated under section 6, the Secretary of Health and Human Services shall
immediately submit such determination to the Secretary, together with all pertinent criteria.
(7) Within two years of enactment of the Act, and annually thereafter the Secretary of Health and Human
Services shall conduct and publish industry wide studies of the effect of chronic or low-level exposure to
industrial materials, processes, and stresses on the potential for illness, disease, or loss of functional
capacity in aging adults.
(b) The Secretary of Health and Human Services is authorized to make inspections and question employers and
employees as provided in section 8 of this Act in order to carry out his functions and responsibilities under this
section.
(c) The Secretary is authorized to enter into contracts, agreements, or other arrangements with appropriate public
agencies or private organizations for the purpose of conducting studies relating to his responsibilities under this
Act. In carrying out his responsibilities under this subsection, the Secretary shall cooperate with the Secretary of
Health and Human Services in order to avoid any duplication of efforts under this section.
(d) Information obtained by the Secretary and the Secretary of Health and Human Services under this section shall
be disseminated by the Secretary to employers and employees and organizations thereof.
(e) The functions of the Secretary of Health and Human Services under this Act shall, to the extent feasible, be
delegated to the Director of the National Institute for Occupational Safety and Health established by section 22 of
this Act.
EXPANDED RESEARCH ON WORKER SAFETY AND HEALTH
The Secretary of Health and Human Services (referred to in this section as the
"Secretary"), acting through the Director of the National Institute of Occupational Safety
and Health, shall enhance and expand research as deemed appropriate on the health and
safety of workers who are at risk for bioterrorist threats or attacks in the workplace,
including research on the health effects of measures taken to treat or protect such workers
for diseases or disorders resulting from a bioterrorist threat or attack. Nothing in this
section may be construed as establishing new regulatory authority for the Secretary or the
Director to issue or modify any occupational safety and health rule or regulation.

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

29 USC 669a
Pub. L. 107-188,
Title I, § 153
added this text.

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