29 U.S. Code § 669

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29 U.S. Code § 669 - Research and related activities | U.S. Code | US Law | LII / Legal Information Institute

29 U.S. Code § 669. Research and related activities
U.S. Code

Notes

(a) A

S
,
,

H
,
,

,

H

S
,
,
;

(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.
(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 chapter; 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 chapter.
(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
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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
chapter. 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 chapter 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 December 29, 1970, 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
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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 655 of this title, 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 December 29, 1970, and annually thereafter
the Secretary of Health and Human Services shall conduct and publish
industrywide 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) A

S

H

H

S

The Secretary of Health and Human Services is authorized to make
inspections and question employers and employees as provided in section
657 of this title in order to carry out his functions and responsibilities
under this section.
(c) C

S
S

L

L
S

;
H

H

S
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
chapter. 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) 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.

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(e) D
S
H
H
S
D
N
I
O
S
H
The functions of the Secretary of Health and Human Services under this
chapter shall, to the extent feasible, be delegated to the Director of the
National Institute for Occupational Safety and Health established by
section 671 of this title.
(Pub. L. 91–596, § 20, Dec. 29, 1970, 84 Stat. 1610; Pub. L. 96–88, title V,
§ 509(b), Oct. 17, 1979, 93 Stat. 695.)

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