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3 U.S.C. § 425 — Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations

submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 856 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law applies OSHA workplace-safety rules to congressional employing offices and their employees. The Secretary of Labor can inspect, cite, and hold hearings on violations. Violations must generally be fixed by the end of the following fiscal year.

(a) Occupational Safety and Health Protections.
(1) Every employing office and every covered employee must follow section 5 of the Occupational Safety and Health Act of 1970.
(2) For applying that Act here, "employer" means an employing office, and "employee" means a covered employee.

(b) Remedy. If subsection (a) is violated, the fix is an order to correct the violation — the same kind of order that would be issued under section 13(a) of the Occupational Safety and Health Act of 1970.

(c) Procedures.
(1) If an employing office or covered employee asks in writing, the Secretary of Labor may inspect and investigate that workplace, following subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970.
(2) The Secretary of Labor may, following sections 9 and 10 of that Act, issue a citation or notice to the employing office responsible for fixing a violation, or a notice to an employing office the Secretary believes hasn't fixed a violation within the deadline given.
(3) If the Secretary of Labor decides, after issuing a citation or notification, that the violation still hasn't been fixed: the citation and notification become a final order under section 10(b) of that Act if the employer doesn't tell the Secretary of Labor within 15 days (not counting weekends and federal holidays) after getting the notice that it wants to contest it; or, if the employer does give timely notice that it wants to contest, it gets a hearing before the Occupational Safety and Health Review Commission, under section 10(c) of that Act.
(4) An employing office may ask the Secretary of Labor for an order excusing it from a standard applied under this section, following sections 6(b)(6) and 6(d) of that Act.
(5) Anyone — a person or an employing office — unhappy with a final decision from the Review Commission under paragraph (3), or from the Secretary of Labor under paragraph (4), can ask the United States Court of Appeals for the Federal Circuit to review it, under section 1296 of title 28.
(6) If fixing a violation needs new appropriated money, the fix must happen as soon as possible — but no later than the end of the fiscal year after the one in which the citation was issued, or the correction order became final and can't be appealed further.

(d) Regulations To Implement Section.
(1) The President, or the President's designee, must issue regulations to carry out this section.
(2) These regulations must match the Secretary of Labor's own regulations for the statutory provisions referred to in subsections (a) and (b) — except the President or designee may change them, for good cause explained alongside the new regulation, if the change would work better here; and the President or designee may instead apply regulations implementing section 19 of the Occupational Safety and Health Act — the section covering executive-branch agencies and employees — in place of the matching rule under subsection (a) or (b), if doing so would be equally effective for protecting these rights and would help keep federal law consistent for executive-branch employees.
(3) These regulations must include a way to identify, for each category of violation under subsection (a), which employing office is responsible for fixing it.

(e) Effective Date. Subsections (a) through (c) take effect on whichever comes first: the date regulations issued under subsection (d) take effect, or October 1, 1998.

the actual law source: uscode.house.gov ↗public domain
(a)Occupational Safety and Health Protections.—
(1)In general.—

Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970.

(2)Definitions.—

For purposes of the application under this section of the Occupational Safety and Health Act of 1970—

(A)

the term “employer” as used in such Act means an employing office; and

(B)

the term “employee” as used in such Act means a covered employee.

(b)Remedy.—

The remedy for a violation of subsection (a) shall be an order to correct the violation, including such order as would be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970.

(c)Procedures.—
(1)Requests for inspections.—

Upon written request of any employing office or covered employee, the Secretary of Labor shall have the authority to inspect and investigate places of employment under the jurisdiction of employing offices in accordance with subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970.

(2)Citations, notices, and notifications.—

The Secretary of Labor shall have the authority, in accordance with sections 9 and 10 of the Occupational Safety and Health Act of 1970, to issue—

(A)

a citation or notice to any employing office responsible for correcting a violation of subsection (a); or

(B)

a notification to any employing office that the Secretary of Labor believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction.

(3)Hearings and review.—

If after issuing a citation or notification, the Secretary of Labor determines that a violation has not been corrected—

(A)

the citation and notification shall be deemed a final order (within the meaning of section 10(b) of the Occupational Safety and Health Act of 1970) if the employer fails to notify the Secretary of Labor within 15 days (excluding Saturdays, Sundays, and Federal holidays) after receipt of the notice that the employer intends to contest the citation or notification; or

(B)

opportunity for a hearing before the Occupational Safety and Health Review Commission shall be afforded in accordance with section 10(c) of the Occupational Safety and Health Act of 1970, if the employer gives timely notice to the Secretary that he intends to contest the citation or notification.

(4)Variance procedures.—

An employing office may request from the Secretary of Labor an order granting a variance from a standard made applicable by this section, in accordance with sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970.

(5)Judicial review.—

Any person or employing office aggrieved by a final decision of the Occupational Safety and Health Review Commission under paragraph (3) or the Secretary of Labor under paragraph (4) may file a petition for review with the United States Court of Appeals for the Federal Circuit under section 1296 of title 28.

(6)Compliance date.—

If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation is issued, or to comply with an order requiring correction of such a violation, correction or compliance shall take place as soon as possible, but not later than the end of the fiscal year following the fiscal year in which the citation is issued or the order requiring correction becomes final and not subject to further review.

(d)Regulations To Implement Section.—
(1)In general.—

The President, or the designee of the President, shall issue regulations to implement this section.

(2)Agency regulations.—

The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—

(A)

except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and

(B)

except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 19 of the Occupational Safety and Health Act of 1970 that applies to agencies or employees of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—

(i)

would be equally effective for the implementation of the rights and protections under this section; and

(ii)

would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.

(3)Employing office responsible for correction.—

The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for different categories of violations of subsection (a), the employing office responsible for correction of a particular violation.

(e)Effective Date.—

Subsections (a) through (c) shall take effect on the earlier of—

(1)

the effective date of regulations issued under subsection (d); or

(2)

October 1, 1998.

Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4062.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-331 · 110 Stat. 4062

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.

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