Authorizing Legislation

Attachment A – Occupational Safety and Health Act of 1970

Public Law 91-596
84 STAT. 1590
91st Congress, S.2193
December 29, 1970,
as amended through January 1, 2004. (1)
An Act

To assure safe and healthful working conditions for working men and women; by authorizing
enforcement of the standards developed under the Act; by assisting and encouraging the
States in their efforts to assure safe and healthful working conditions; by providing for
research, information, education, and training in the field of occupational safety and health;
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That this Act may be cited as the "Occupational Safety and
Health Act of 1970."
Footnote (1) See Historical notes at the end of this document for changes and amendments
affecting the OSH Act since its passage in 1970 through January 1, 2004.
SEC.
20.
Research and Related Activities
(a)
(1)
29 USC 669
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 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
29 USC 669a
Pub. L. 107-188, Title I, § 153 added this text.
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.
SEC.
21.
Training and Employee Education
(a)
29 USC 670
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.
SEC.
22.
National Institute for Occupational Safety and Health
(a)
29 USC 671
It is the purpose of this section to establish a National Institute for Occupational Safety and
Health in the Department of Health and Human Services in order to carry out the policy set
forth in section 2 of this Act and to perform the functions of the Secretary of Health and
Human Services under sections 20 and 21 of this Act.
(b)
There is hereby established in the Department of Health and
Human Services a National Institute for Occupational Safety and
Health. The Institute shall be headed by a Director who shall be
appointed by the Secretary of Health and Human Services, and
who shall serve for a term of six years unless previously
removed by the Secretary of Health and Human Services.
(c)
The Institute is authorized to -(1)
develop and establish recommended occupational safety and
health standards; and
(2)
perform all functions of the Secretary of Health and Human
Services under sections 20 and 21 of this Act.
(d)
Upon his own initiative, or upon the request of the Secretary of
Health and Human Services, the Director is authorized (1) to
conduct such research and experimental programs as he
determines are necessary for the development of criteria for new
and improved occupational safety and health standards, and (2)
after consideration of the results of such research and
experimental programs make recommendations concerning new
or improved occupational safety and health standards. Any
occupational safety and health standard recommended pursuant
to this section shall immediately be forwarded to the Secretary of
Labor, and to the Secretary of Health and Human Services.
(e)
In addition to any authority vested in the Institute by other provisions of this section, the
Director, in carrying out the functions of the Institute, is authorized to -(1)
prescribe such regulations as he deems necessary governing
the manner in which its functions shall be carried out;

(2)
receive money and other property donated, bequeathed, or
devised, without condition or restriction other than that it be used
for the purposes of the Institute and to use, sell, or otherwise
dispose of such property for the purpose of carrying out its
functions;
(3)
receive (and use, sell, or otherwise dispose of, in accordance
with paragraph (2)), money and other property donated,
bequeathed, or devised to the Institute with a condition or
restriction, including a condition that the Institute use other funds
of the Institute for the purposes of the gift;
(4)
in accordance with the civil service laws, appoint and fix the
compensation of such personnel as may be necessary to carry
out the provisions of this section;
(5)
obtain the services of experts and consultants in accordance
with the provisions of section 3109 of title 5, United States Code;
(6)
accept and utilize the services of voluntary and
noncompensated personnel and reimburse them for travel
expenses, including per diem, as authorized by section 5703 of
title 5, United States Code;
(7)
enter into contracts, grants or other arrangements, or
modifications thereof to carry out the provisions of this section,
and such contracts or modifications thereof may be entered into
without performance or other bonds, and without regard to
section 3709 of the Revised Statutes, as amended (41 U.S.C.
5), or any other provision of law relating to competitive bidding;
(8)
make advance, progress, and other payments which the Director
deems necessary under this title without regard to the provisions
of section 3324 (a) and (b) of Title 31; and
(9)
Pub. L. 97-258
make other necessary expenditures.
(f)
The Director shall submit to the Secretary of Health and Human
Services, to the President, and to the Congress an annual report
of the operations of the Institute under this Act, which shall
include a detailed statement of all private and public funds
received and expended by it, and such recommendations as he
deems appropriate.
(g)
Pub. L. 102-550 added subsection (g).
Lead-Based Paint Activities.

(1)
Training Grant Program.
(A)
The Institute, in conjunction with the Administrator of the
Environmental Protection Agency, may make grants for the
training and education of workers and supervisors who are or
may be directly engaged in lead-based paint activities.
(B)
Grants referred to in subparagraph (A) shall be awarded to
nonprofit organizations (including colleges and universities, joint
labor-management trust funds, States, and nonprofit
government employee organizations) -(i)
which are engaged in the training and education of workers and
supervisors who are or who may be directly engaged in leadbased paint activities (as defined in Title IV of the Toxic
Substances Control Act),
(ii)
which have demonstrated experience in implementing and
operating health and safety training and education programs,
and
(iii)
with a demonstrated ability to reach, and involve in lead-based
paint training programs, target populations of individuals who are
or will be engaged in lead-based paint activities. Grants under
this subsection shall be awarded only to those organizations that
fund at least 30 percent of their lead-based paint activities
training programs from non-Federal sources, excluding in-kind
contributions. Grants may also be made to local governments to
carry out such training and education for their employees.
(C)
There are authorized to be appropriated, a minimum,
$10,000,000 to the Institute for each of the fiscal years 1994
through 1997 to make grants under this paragraph.
(2)
Evaluation of Programs. The Institute shall conduct periodic and
comprehensive assessments of the efficacy of the worker and
supervisor training programs developed and offered by those
receiving grants under this section. The Director shall prepare
reports on the results of these assessments addressed to the
Administrator of the Environmental Protection Agency to include
recommendations as may be appropriate for the revision of
these programs. The sum of $500,000 is authorized to be
appropriated to the Institute for each of the fiscal years 1994
through 1997 to carry out this paragraph.