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29 U.S.C. § 656Administration

submitted 56 years ago by Pub. L. 91-596 to r/title-29-LABOR · 855 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates national, general, and maritime advisory committees on occupational safety and health. It sets their membership, duties, meetings, compensation, records, conflicts, and support services.

(a) National committee. (1) The Secretary must establish a 12-member National Advisory Committee on Occupational Safety and Health. The Health and Human Services Secretary designates 4 members. The committee includes representatives of management, labor, occupational safety and health professions, and the public. The Secretary designates one public member as chair. Members are chosen for experience and competence. (2) The committee advises and consults with the Secretaries and recommends action about administering this chapter. It must meet at least twice each calendar year. Meetings are public, and a transcript must be kept and made available for public inspection. (3) Members are paid under 5 U.S.C. 3109. (4) The Secretary supplies an executive secretary and needed secretarial, clerical, and other services. (b) Other advisory committees. The Secretary may appoint a committee to help set standards under section 655. It may have no more than 15 members and must include one or more Health and Human Services designees, equal numbers qualified to represent the involved employers and workers, and one or more State health or safety agency representatives. It may also include qualified experts, professional safety or health organizations, and recognized standards organizations, but those additional appointees may not outnumber the Federal and State agency representatives. Private-life members are paid like consultants or experts under 5 U.S.C. 3109. The Secretary must reimburse a State that employs a State-agency representative for the State’s actual membership costs. Meetings are public and accurate records must be kept and made public. Except for employer and employee representatives, members may not have an economic interest in a proposed rule. (c) Agency resources and experts. The Secretary may, with a Federal agency’s consent, use its services, facilities, and personnel with or without reimbursement. With a State or political subdivision’s consent, the Secretary may accept and use its agency’s services, facilities, and personnel with reimbursement. The Secretary may employ experts, consultants, or organizations under 5 U.S.C. 3109; renew those contracts annually; pay individuals no more than the GS-18 rate under 5 U.S.C. 5332, including travel time; and pay travel expenses, including per diem, under 5 U.S.C. 5703 for intermittent Government workers away from home or their regular business. (d) Maritime committee. A continuing Maritime Occupational Safety and Health Advisory Committee is established to advise the Secretary on maritime standards and chapter administration involving maritime industry. Its membership must be consistent with subsection (b). A qualified member may continue until a successor is appointed. The Secretary may issue or change regulations needed to implement this subsection.
the actual law source: uscode.house.gov ↗public domain
(a) National Advisory Committee on Occupational Safety and Health; establishment; membership; appointment; Chairman; functions; meetings; compensation; secretarial and clerical personnel
(1)

There is hereby established a National Advisory Committee on Occupational Safety and Health consisting of twelve members appointed by the Secretary, four of whom are to be designated by the Secretary of Health and Human Services, without regard to the provisions of title 5 governing appointments in the competitive service, and composed of representatives of management, labor, occupational safety and occupational health professions, and of the public. The Secretary shall designate one of the public members as Chairman. The members shall be selected upon the basis of their experience and competence in the field of occupational safety and health.

(2)

The Committee shall advise, consult with, and make recommendations to the Secretary and the Secretary of Health and Human Services on matters relating to the administration of this chapter. The Committee shall hold no fewer than two meetings during each calendar year. All meetings of the Committee shall be open to the public and a transcript shall be kept and made available for public inspection.

(3)

The members of the Committee shall be compensated in accordance with the provisions of section 3109 of title 5.

(4)

The Secretary shall furnish to the Committee an executive secretary and such secretarial, clerical, and other services as are deemed necessary to the conduct of its business.

(b) Advisory committees; appointment; duties; membership; compensation; reimbursement to member’s employer; meetings; availability of records; conflict of interest

An advisory committee may be appointed by the Secretary to assist him in his standard-setting functions under section 655 of this title. Each such committee shall consist of not more than fifteen members and shall include as a member one or more designees of the Secretary of Health and Human Services, and shall include among its members an equal number of persons qualified by experience and affiliation to present the viewpoint of the employers involved, and of persons similarly qualified to present the viewpoint of the workers involved, as well as one or more representatives of health and safety agencies of the States. An advisory committee may also include such other persons as the Secretary may appoint who are qualified by knowledge and experience to make a useful contribution to the work of such committee, including one or more representatives of professional organizations of technicians or professionals specializing in occupational safety or health, and one or more representatives of nationally recognized standards-producing organizations, but the number of persons so appointed to any such advisory committee shall not exceed the number appointed to such committee as representatives of Federal and State agencies. Persons appointed to advisory committees from private life shall be compensated in the same manner as consultants or experts under section 3109 of title 5. The Secretary shall pay to any State which is the employer of a member of such a committee who is a representative of the health or safety agency of that State, reimbursement sufficient to cover the actual cost to the State resulting from such representative’s membership on such committee. Any meeting of such committee shall be open to the public and an accurate record shall be kept and made available to the public. No member of such committee (other than representatives of employers and employees) shall have an economic interest in any proposed rule.

(c) Use of services, facilities, and personnel of Federal, State, and local agencies; reimbursement; employment of experts and consultants or organizations; renewal of contracts; compensation; travel expenses

In carrying out his responsibilities under this chapter, the Secretary is authorized to—

(1)

use, with the consent of any Federal agency, the services, facilities, and personnel of such agency, with or without reimbursement, and with the consent of any State or political subdivision thereof, accept and use the services, facilities, and personnel of any agency of such State or subdivision with reimbursement; and

(2)

employ experts and consultants or organizations thereof as authorized by section 3109 of title 5, except that contracts for such employment may be renewed annually; compensate individuals so employed at rates not in excess of the rate specified at the time of service for grade GS–18 under section 5332 of title 5, including traveltime, and allow them while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for persons in the Government service employed intermittently, while so employed.

(d) Maritime Occupational Safety and Health Advisory Committee

There is established a Maritime Occupational Safety and Health Advisory Committee, which shall be a continuing body and shall provide advice to the Secretary in formulating maritime industry standards and regarding matters pertaining to the administration of this chapter related to the maritime industry. The composition of such advisory committee shall be consistent with the advisory committees established under subsection (b). A member of the advisory committee who is otherwise qualified may continue to serve until a successor is appointed. The Secretary may promulgate or amend regulations as necessary to implement this subsection.

Source credit: (Pub. L. 91–596, § 7, Dec. 29, 1970, 84 Stat. 1597; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 116–92, div. C, title XXXV, § 3510, Dec. 20, 2019, 133 Stat. 1977.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-596 · 84 Stat. 1597
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1977

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-596 on 1970-12-29.

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