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43 U.S.C. § 1348 — Enforcement of safety and environmental regulations

submitted 73 years ago by Pub. L. 95-372 to r/title-43-PUBLIC-LANDS · 708 words · no verdicts yet

in plain englishAI-generated · not legal advice

Three Federal Secretaries enforce outer Continental Shelf safety and environmental rules, and lease and permit holders must maintain safe operations and provide access and records. The section requires inspections, investigations, allegation reviews, and subpoena-like evidence powers.

(a) The Secretary, the Secretary of the Department in which the Coast Guard operates, and the Secretary of the Army must enforce safety and environmental regulations under this subchapter. Each may agree to use another Federal department’s services, personnel, or facilities, with or without reimbursement.

(b) A lease or permit holder must: (1) keep every workplace in the lease or permit area compliant with occupational safety and health standards and free of recognized hazards to its employees and to contractor and subcontractor employees; (2) keep operations compliant with rules protecting people, property, and the outer Continental Shelf environment; and (3) give inspectors prompt access to sites subject to safety rules and provide requested documents and records relevant to occupational or public health, safety, or environmental protection.

(c) The Secretary and the Coast Guard Department Secretary, separately or jointly by agreement, must issue rules for at least yearly scheduled onsite inspections of each covered facility, including safety equipment intended to prevent or reduce blowouts, fires, spills, and other major accidents. They must also provide for periodic onsite inspections without advance notice to the operator.

(d)(1) The Secretary or the Coast Guard Department Secretary must investigate and publicly report every major fire and major oil spill caused by operations under this subchapter, and may investigate and report smaller spills. A major spill is more than 200 barrels in one incident during a 30-day period. Lease and permit holders must cooperate. (2) The appropriate Secretary must investigate and publicly report every death or serious injury caused by such operations and may investigate and report any injury. A serious injury substantially impairs a bodily unit or function. Holders must cooperate.

(e) The Secretary, or for occupational safety and health the Coast Guard Department Secretary, may review any person’s allegation that a safety rule under this subchapter has been violated.

(f) In an investigation under this section, the Secretary or Coast Guard Department Secretary may summon witnesses and require books, papers, documents, and other evidence. Attendance and production may be compelled by a process like that used in United States district courts. The Secretary or designee may administer necessary oaths.

the actual law source: uscode.house.gov ↗public domain
(a) Utilization of Federal departments and agencies

The Secretary, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of the Army shall enforce safety and environmental regulations promulgated pursuant to this subchapter. Each such Federal department may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of other Federal departments and agencies for the enforcement of their respective regulations.

(b) Duties of holders of lease or permit

It shall be the duty of any holder of a lease or permit under this subchapter to—

(1)

maintain all places of employment within the lease area or within the area covered by such permit in compliance with occupational safety and health standards and, in addition, free from recognized hazards to employees of the lease holder or permit holder or of any contractor or subcontractor operating within such lease area or within the area covered by such permit on the outer Continental Shelf;

(2)

maintain all operations within such lease area or within the area covered by such permit in compliance with regulations intended to protect persons, property, and the environment on the outer Continental Shelf; and

(3)

allow prompt access, at the site of any operation subject to safety regulations, to any inspector, and to provide such documents and records which are pertinent to occupational or public health, safety, or environmental protection, as may be requested.

(c) Onsite inspection of facilities

The Secretary and the Secretary of the Department in which the Coast Guard is operating shall individually, or jointly if they so agree, promulgate regulations to provide for—

(1)

scheduled onsite inspection, at least once a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this subchapter, which inspection shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spill­ages, or other major accidents; and

(2)

periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations.

(d) Investigation and report on major fires, oil spills, death, or serious injury
(1)

The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on each major fire and each major oil spillage occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of lesser oil spillages. For purposes of this subsection, a major oil spillage is any spillage in one instance of more than two hundred barrels of oil during a period of thirty days. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation.

(2)

The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on any death or serious injury occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of any injury. For purposes of this subsection, a serious injury is one resulting in substantial impairment of any bodily unit or function. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation.

(e) Review of allegations of violations

The Secretary, or, in the case of occupational safety and health, the Secretary of the Department in which the Coast Guard is operating, may review any allegation from any person of the existence of a violation of a safety regulation issued under this subchapter.

(f) Summoning of witnesses and production of evidence

In any investigation conducted pursuant to this section, the Secretary or the Secretary of the Department in which the Coast Guard is operating shall have power to summon witnesses and to require the production of books, papers, documents, and any other evidence. Attendance of witnesses or the production of books, papers, documents, or any other evidence shall be compelled by a similar process, as in the district courts of the United States. Such Secretary, or his designee, shall administer all necessary oaths to any witnesses summoned before such investigation.

Source credit: (Aug. 7, 1953, ch. 345, § 22, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105–362, title IX, § 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)

history & why it existsrecord from the source credit
  • 1953Enacted · Pub. L. 95-372 · 92 Stat. 655
  • 1998Amended · Pub. L. 105-362 · 112 Stat. 3290

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-372 on 1953-08-07.

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