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TITLE 29 — LABOR>
CHAPTER 15 — OCCUPATIONAL SAFETY AND HEALTH> § 653. — Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected.
§ 653. — Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC653]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 653. Geographic applicability; judicial enforcement;
applicability to existing standards; report to Congress on
duplication and coordination of Federal laws; workmen's
compensation law or common law or statutory rights, duties, or
liabilities of employers and employees unaffected
(a) This chapter shall apply with respect to employment performed in
a workplace in a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust
Territory of the Pacific Islands, Lake Island, Outer Continental Shelf
lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331
et seq.], Johnston Island, and the Canal Zone. The Secretary of the
Interior shall, by regulation, provide for judicial enforcement of this
chapter by the courts established for areas in which there are no United
States district courts having jurisdiction.
(b)(1) Nothing in this chapter shall apply to working conditions of
employees with respect to which other Federal agencies, and State
agencies acting under section 2021 of title 42, exercise statutory
authority to prescribe or enforce standards or regulations affecting
occupational safety or health.
(2) The safety and health standards promulgated under the Act of
June 30, 1936, commonly known as the Walsh-Healey Act [41 U.S.C. 35 et
seq.], the Service Contract Act of 1965 [41 U.S.C. 351 et seq.], Public
Law 91-54, Act of August 9, 1969, Public Law 85-742, Act of August 23,
1958, and the National Foundation on Arts and Humanities Act [20 U.S.C.
951 et seq.] are superseded on the effective date of corresponding
standards, promulgated under this chapter, which are determined by the
Secretary to be more effective. Standards issued under the laws listed
in this paragraph and in effect on or after the effective date of this
chapter shall be deemed to be occupational safety and health standards
issued under this chapter, as well as under such other Acts.
(3) The Secretary shall, within three years after the effective date
of this chapter, report to the Congress his recommendations for
legislation to avoid unnecessary duplication and to achieve coordination
between this chapter and other Federal laws.
(4) Nothing in this chapter shall be construed to supersede or in
any manner affect any workmen's compensation law or to enlarge or
diminish or affect in any other manner the common law or statutory
rights, duties, or liabilities of employers and employees under any law
with respect to injuries, diseases, or death of employees arising out
of, or in the course of, employment.
(Pub. L. 91-596, Sec. 4, Dec. 29, 1970, 84 Stat. 1592.)
References in Text
The Outer Continental Shelf Lands Act, referred to in subsec. (a),
is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1331 of Title 43
and Tables.
For definition of Canal Zone, referred to in subsec. (a), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Act of June 30, 1936, commonly known as the Walsh-Healey Act,
referred to in subsec. (b)(2), is act June 30, 1936, ch. 881, 49 Stat.
2036, as amended, which is classified generally to section 35 et seq. of
Title 41, Public Contracts. For complete classification of this Act to
the Code, see Short Title note set out under section 35 of Title 41 and
Tables. See section 262 of this title.
The Service Contract Act of 1965, referred to in subsec. (b)(2), is
Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which is
classified generally to chapter 6 (Sec. 351 et seq.) of Title 41. For
complete classification of this Act to the Code, see Short Title note
set out under section 351 of Title 41 and Tables.
Public Law 91-54, Act of August 9, 1969, referred to in subsec.
(b)(2), is Pub. L. 91-54, Aug. 9, 1969, 83 Stat. 96, which amended
sections 1 and 2 and added section 107 of Pub. L. 87-581, Aug. 13, 1962,
76 Stat. 357. Sections 1 and 2 of Pub. L. 87-581 were set out as notes
under section 327, and section 107 of Pub. L. 87-581 was classified to
section 333, of former Title 40, Public Buildings, Property, and Works.
Sections 1 and 2 of Pub. L. 87-581 were repealed, and section 107 of
Pub. L. 87-581 was repealed and reenacted as sections 3704 and 3705 of
Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
Public Law 85-742, Act of August 23, 1958, referred to in subsec.
(b)(2), is Pub. L. 85-742, Aug. 23, 1958, 72 Stat. 835, which amended
section 941 of Title 33, Navigation and Navigable Waters, and enacted
provisions set out as a note under section 941 of Title 33. For complete
classification of this Act to the Code, see Tables.
The National Foundation on the Arts and the Humanities Act, referred
to in subsec. (b)(2), is Pub. L. 89-209, Sept. 29, 1965, 79 Stat. 845,
as amended, known as the National Foundation on the Arts and the
Humanities Act of 1965, which is classified principally to subchapter I
(Sec. 951 et seq.) of chapter 26 of Title 20, Education. For complete
classification of this Act to the Code, see Short Title note set out
under section 951 of Title 20 and Tables.
The effective date of this chapter, referred to in subsec. (b)(2),
(3), is the effective date of Pub. L. 91-596, which is 120 days after
Dec. 29, 1970, see section 34 of Pub. L. 91-596, set out as an Effective
Date note under section 651 of this title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
EPA Administrator Not Exercising ``Statutory Authority'' Under This
Section in Exercising Any Authority Under Toxic Substances Control Act
In exercising any authority under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) in connection with amendment made by section
15(a) of Pub. L. 101-637, the Administrator of the Environmental
Protection Agency not, for purposes of subsection (b)(1) of this
section, to be considered to be exercising statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety and health, see section 15(b) of Pub. L. 101-637, set out as a
note under section 2646 of Title 15, Commerce and Trade.
Section Referred to in Other Sections
This section is referred to in section 673 of this title; title 15
section 2608; title 42 section 7412; title 49 section 5107.
