29 U.S.C. § 671 — National Institute for Occupational Safety and Health
submitted 56 years ago by Pub. L. 91-596 to r/title-29-LABOR · 1,549 words · no verdicts yet
This section establishes the National Institute for Occupational Safety and Health within the Department of Health and Human Services. It describes the Institute’s leadership, duties, research responsibilities, and coordination with other agencies.
(a) This section creates a National Institute* for Occupational Safety and Health in the Department of Health and Human Services. Its purpose is to carry out the policy in section 651 and the Health and Human Services Secretary’s functions under sections 669 and 670. (b) The Institute is headed by a Director* appointed by that Secretary* for a six-year term, unless the Secretary removes the Director earlier. (c) The Institute may develop and establish recommended workplace safety and health standards and perform the Secretary’s functions under sections 669 and 670. (d) On the Director’s own initiative or at either Secretary’s request, the Director may conduct research and experiments needed to develop criteria for new or improved standards. After considering the results, the Director may recommend standards. The Director must immediately send each recommendation to the Labor Secretary and the Health and Human Services Secretary. (e) The Director may issue needed regulations; accept and dispose of gifts for the Institute; hire needed personnel under civil-service laws; obtain experts and consultants; accept voluntary personnel and reimburse authorized travel costs; enter into contracts, grants, and other arrangements without the listed bonds or competitive-bidding requirements; make needed advance and progress payments despite the listed payment rules; and make other needed expenditures. (f) Each year the Director must report to the Health and Human Services Secretary, the President, and Congress on the Institute’s operations, including detailed private and public receipts and spending and appropriate recommendations. (g) The Institute, with the Environmental Protection Agency Administrator, may make grants to train workers and supervisors who are or may be directly involved in lead-paint activities. Grants go to qualifying nonprofit organizations and may go to local governments for employee* training. Eligible organizations must fund at least 30 percent of those training programs from non-Federal sources, excluding in-kind contributions. At least $10,000,000 is authorized for each fiscal year 1994 through 1997 for these grants. The Institute must periodically and comprehensively evaluate grantee training programs and report results and recommendations to the EPA Administrator. $500,000 is authorized for each of those fiscal years for those evaluations. (h)(1) A permanent Office of Mine Safety and Health is established within the Institute, administered by an Associate Director appointed by the Director. (2) The Office works to develop mine-safety technology and make it commercially available and usable in mines. (3) It researches, develops, and tests new mine-safety technology and equipment. The Institute Director, through the Office, may award competitive grants for mine-safety equipment, award testing contracts to educational institutions or private laboratories, and establish the interagency working group described in paragraph (5). (4) An applicant for a grant must submit the information the Director requires and describe the equipment and why it would otherwise not be developed or made, including because the market may be limited. (5) The Director must establish a working group to share technology and research useful for mine safety and accident response. The Associate Director chairs it and appoints members, including representatives of other Federal agencies or departments when appropriate. The group evaluates represented agencies’ research and technology for possible mine-safety and accident-response use and recommends further development and eventual implementation to the Director. (6) Within one year after the Office is established and each year afterward, the Director must report to the listed congressional committees on new mine-safety technologies and equipment studied, tested, and certified, and why considered technologies or equipment have not yet been certified. (7) The law authorizes whatever sums are needed for the Institute and Office to carry out this subsection.
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 651 of this title and to perform the functions of the Secretary* of Health and Human Services under sections 669 and 670 of this title.
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.
The Institute is authorized to—
develop and establish recommended occupational safety and health standards; and
perform all functions of the Secretary of Health and Human Services under sections 669 and 670 of this title.
Upon his own initiative, or upon the request of the Secretary or 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.
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—
prescribe such regulations as he deems necessary governing the manner in which its functions shall be carried out;
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;
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;
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;
obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5;
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;
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 6101 of title 41 or any other provision of law relating to competitive bidding;
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
make other necessary expenditures.
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 chapter, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as he deems appropriate.
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.
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)—
which are engaged in the training and education of workers and supervisors who are or who may be directly engaged in lead-based paint activities (as defined in title IV of the Toxic Substances Control Act [15 U.S.C. 2681 et seq.]),
which have demonstrated experience in implementing and operating health and safety training and education programs, and
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.
There are authorized to be appropriated, at a minimum, $10,000,000 to the Institute for each of the fiscal years 1994 through 1997 to make grants under this paragraph.
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.
There shall be permanently established within the Institute an Office of Mine Safety and Health which shall be administered by an Associate Director to be appointed by the Director.
The purpose of the Office is to enhance the development of new mine safety technology and technological applications and to expedite the commercial availability and implementation of such technology in mining environments.
In addition to all purposes and authorities provided for under this section, the Office of Mine Safety and Health shall be responsible for research, development, and testing of new technologies and equipment designed to enhance mine safety and health. To carry out such functions the Director of the Institute, acting through the Office, shall have the authority to—
award competitive grants to institutions and private entities to encourage the development and manufacture of mine safety equipment;
award contracts to educational institutions or private laboratories for the performance of product testing or related work with respect to new mine technology and equipment; and
establish an interagency working group as provided for in paragraph (5).
To be eligible to receive a grant under the authority provided for under paragraph (3)(A), an entity or institution shall—
submit to the Director of the Institute an application at such time, in such manner, and containing such information as the Director may require; and
include in the application under subparagraph (A), a description of the mine safety equipment to be developed and manufactured under the grant and a description of the reasons that such equipment would otherwise not be developed or manufactured, including reasons relating to the limited potential commercial market for such equipment.
The Director of the Institute, in carrying out paragraph (3)(D) shall establish an interagency working group to share technology and technological research and developments that could be utilized to enhance mine safety and accident response.
The working group under subparagraph (A) shall be chaired by the Associate Director of the Office who shall appoint the members of the working group, which may include representatives of other Federal agencies or departments as determined appropriate by the Associate Director.
The working group under subparagraph (A) shall conduct an evaluation of research conducted by, and the technological developments of, agencies and departments who are represented on the working group that may have applicability to mine safety and accident response and make recommendations to the Director for the further development and eventual implementation of such technology.
Not later than 1 year after the establishment of the Office under this subsection, and annually thereafter, the Director of the Institute shall submit to the Committee* on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that, with respect to the year involved, describes the new mine safety technologies and equipment that have been studied, tested, and certified for use, and with respect to those instances of technologies and equipment that have been considered but not yet certified for use, the reasons therefore.
There is authorized to be appropriated, such sums as may be necessary to enable the Institute and the Office of Mine Safety and Health to carry out this subsection.
Source credit: (Pub. L. 91–596, § 22, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–550, title X, § 1033, Oct. 28, 1992, 106 Stat. 3924; Pub. L. 109–236, § 6(a), June 15, 2006, 120 Stat. 498.)
- 1970Enacted · Pub. L. 91-596 · 84 Stat. 1612
- 1979Amended · Pub. L. 96-88 · 93 Stat. 695
- 1992Amended · Pub. L. 102-550 · 106 Stat. 3924
- 2006Amended · Pub. L. 109-236 · 120 Stat. 498
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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