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29 U.S.C. § 670Training and employee education

submitted 56 years ago by Pub. L. 91-596 to r/title-29-LABOR · 645 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes Federal education, information, and training programs about workplace safety and health. It also requires State consultation programs, keeps them separate from enforcement, and allows a one-year inspection exemption for qualifying employers.

(a) The Secretary of Health and Human Services, after consulting the Secretary and other appropriate Federal agencies, must directly or through grants or contracts conduct education programs to provide enough qualified personnel for this chapter and information programs about the importance and proper use of adequate safety and health equipment. (b) The Secretary of Labor may directly or through grants or contracts conduct short-term training for personnel doing work related to the Secretary’s duties under this chapter. (c) After consulting the Secretary of Health and Human Services, the Secretary of Labor must establish and supervise programs educating and training employers and employees to recognize, avoid, and prevent unsafe or unhealthy conditions covered by this chapter. The Secretary must also advise employers, employees, and their organizations about effective ways to prevent workplace injuries and illnesses. (d) Compliance assistance. (1) The Secretary must establish cooperative agreements with States so covered employers can consult State personnel about applying this chapter or approved State-plan requirements and about voluntary efforts to create and maintain safe workplaces. Agreements may require State contributions. (2) At an employer’s request, the State must provide on-site consultation and may provide other education and training. On-site consultation must allow employee participation. (3) Consultation must be independent of enforcement. If an employer does not immediately eliminate an imminent danger found in consultation, or does not correct a serious hazard within a reasonable time, the State must report it to the proper enforcement authority. (4) By regulation after notice and an opportunity to comment, the Secretary must allow an employer a one-year inspection exemption after the consultative visit if the employer requested and completed the visit, corrected identified hazards within State deadlines, agreed to request another visit after major changes introducing hazards, and is regularly identifying and preventing hazards while involving and training management and other employees. The exemption does not cover an inspection requested under 29 U.S.C. § 657(f) or one investigating an accident that killed an employee or hospitalized at least three employees. (5) A State must provide consultation when an employer asks. Small businesses in higher-hazard industries or with the most hazardous conditions identified in the request receive scheduling priority.
the actual law source: uscode.house.gov ↗public domain
(a) Authority of Secretary of Health and Human Services to conduct education and informational programs; consultations

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 chapter, and (2) informational programs on the importance of and proper use of adequate safety and health equipment.

(b) Authority of Secretary of Labor to conduct short-term training of personnel

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 chapter.

(c) Authority of Secretary of Labor to establish and supervise education and training programs and consult and advise interested parties

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 chapter, and (2) consult with and advise employers and employees, and organizations representing employers and employees as to effective means of preventing occupational injuries and illnesses.

(d) Compliance assistance program
(1)

The Secretary shall establish and support cooperative agreements with the States under which employers subject to this chapter may consult with State personnel with respect to—

(A)

the application of occupational safety and health requirements under this chapter or under State plans approved under section 667 of this title; 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 chapter 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 657(f) of this title 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.

Source credit: (Pub. L. 91–596, § 21, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105–197, § 2, July 16, 1998, 112 Stat. 638.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-596 · 84 Stat. 1612
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695
  • 1998Amended · Pub. L. 105-197 · 112 Stat. 638

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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