42 U.S.C. § 8453 — Impact on employees
submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 259 words · no verdicts yet
The Secretary must keep checking whether this law's fuel-use rules are costing people their jobs. Workers who are fired or laid off because of a prohibition can ask the Secretary to investigate and hold a public hearing. Nothing here lets the Secretary cancel a prohibition because of the results.
(a) Evaluation. The Secretary* must keep evaluating whether any prohibition under this chapter is causing job losses or job shifts. This includes investigating threatened plant closures or layoffs that are allegedly caused by a prohibition. The results of every evaluation and investigation must be made public right away.
(b) Investigation and hearings. Any employee who is fired, laid off, threatened with being fired or laid off, or otherwise discriminated against because of a prohibition can file a written request with the Secretary. The Secretary must then investigate. If any party asks, the Secretary must also hold public hearings, giving at least 30 days' notice. At the hearings, the Secretary makes the employer and other parties present facts about how the prohibition actually or potentially affected employment, and about the employee's discharge, layoff, or discrimination claim. After the investigation, the Secretary must issue written findings of fact and any recommendations. That report must be made public. The Secretary of Labor must take part in every such investigation.
(c) Rule of construction*. Nothing in this section requires or allows the Secretary to change or cancel a prohibition under this chapter.
The Secretary* shall conduct continuing evaluations of potential loss or shifts of employment which may result from any prohibition under this chapter, including, if appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such prohibition. The results of such evaluations and each investigation shall promptly be made available to the public.
On a written request filed with the Secretary by or on behalf of any employee who is discharged or laid off, threatened with discharge or layoff, or otherwise discriminated against, by any person* because of the alleged effects of any such prohibition, the Secretary shall investigate the matter and, at the request of any party, shall hold public hearings, after not less than 30 days notice, at which the Secretary shall require the parties, including any employer involved, to present information on the actual or potential effect of such prohibition on employment and on any alleged employee discharge, layoff, or other discrimination relating to prohibitions and the detailed reasons or justification therefor. At the completion of such investigation, the Secretary shall make findings of fact as to the effect of such prohibition on employment and on the alleged employee discharge, layoff, or discrimination and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public. The Secretary of Labor shall participate in each such investigation.
Nothing in this section shall be construed to require or authorize the Secretary to modify or withdraw any prohibition under this chapter.
Source credit: (Pub. L. 95–620, title VII, § 743, Nov. 9, 1978, 92 Stat. 3342.)
- 1978Enacted · Pub. L. 95-620 · 92 Stat. 3342
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.
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