§ 655. — Standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC655]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 655. Standards
(a) Promulgation by Secretary of national consensus standards and
established Federal standards; time for promulgation;
conflicting standards
Without regard to chapter 5 of title 5 or to the other subsections
of this section, the Secretary shall, as soon as practicable during the
period beginning with the effective date of this chapter and ending two
years after such date, by rule promulgate as an occupational safety or
health standard any national consensus standard, and any established
Federal standard, unless he determines that the promulgation of such a
standard would not result in improved safety or health for specifically
designated employees. In the event of conflict among any such standards,
the Secretary shall promulgate the standard which assures the greatest
protection of the safety or health of the affected employees.
(b) Procedure for promulgation, modification, or revocation of standards
The Secretary may by rule promulgate, modify, or revoke any
occupational safety or health standard in the following manner:
(1) Whenever the Secretary, upon the basis of information submitted
to him in writing by an interested person, a representative of any
organization of employers or employees, a nationally recognized
standards-producing organization, the Secretary of Health and Human
Services, the National Institute for Occupational Safety and Health, or
a State or political subdivision, or on the basis of information
developed by the Secretary or otherwise available to him, determines
that a rule should be promulgated in order to serve the objectives of
this chapter, the Secretary may request the recommendations of an
advisory committee appointed under section 656 of this title. The
Secretary shall provide such an advisory committee with any proposals of
his own or of the Secretary of Health and Human Services, together with
all pertinent factual information developed by the Secretary or the
Secretary of Health and Human Services, or otherwise available,
including the results of research, demonstrations, and experiments. An
advisory committee shall submit to the Secretary its recommendations
regarding the rule to be promulgated within ninety days from the date of
its appointment or within such longer or shorter period as may be
prescribed by the Secretary, but in no event for a period which is
longer than two hundred and seventy days.
(2) The Secretary shall publish a proposed rule promulgating,
modifying, or revoking an occupational safety or health standard in the
Federal Register and shall afford interested persons a period of thirty
days after publication to submit written data or comments. Where an
advisory committee is appointed and the Secretary determines that a rule
should be issued, he shall publish the proposed rule within sixty days
after the submission of the advisory committee's recommendations or the
expiration of the period prescribed by the Secretary for such
submission.
(3) On or before the last day of the period provided for the
submission of written data or comments under paragraph (2), any
interested person may file with the Secretary written objections to the
proposed rule, stating the grounds therefor and requesting a public
hearing on such objections. Within thirty days after the last day for
filing such objections, the Secretary shall publish in the Federal
Register a notice specifying the occupational safety or health standard
to which objections have been filed and a hearing requested, and
specifying a time and place for such hearing.
(4) Within sixty days after the expiration of the period provided
for the submission of written data or comments under paragraph (2), or
within sixty days after the completion of any hearing held under
paragraph (3), the Secretary shall issue a rule promulgating, modifying,
or revoking an occupational safety or health standard or make a
determination that a rule should not be issued. Such a rule may contain
a provision delaying its effective date for such period (not in excess
of ninety days) as the Secretary determines may be necessary to insure
that affected employers and employees will be informed of the existence
of the standard and of its terms and that employers affected are given
an opportunity to familiarize themselves and their employees with the
existence of the requirements of the standard.
(5) The Secretary, in promulgating standards dealing with toxic
materials or harmful physical agents under this subsection, shall set
the standard which most adequately assures, to the extent feasible, on
the basis of the best available evidence, that no employee will suffer
material impairment of health or functional capacity even if such
employee has regular exposure to the hazard dealt with by such standard
for the period of his working life. Development of standards under this
subsection shall be based upon research, demonstrations, experiments,
and such other information as may be appropriate. In addition to the
attainment of the highest degree of health and safety protection for the
employee, other considerations shall be the latest available scientific
data in the field, the feasibility of the standards, and experience
gained under this and other health and safety laws. Whenever
practicable, the standard promulgated shall be expressed in terms of
objective criteria and of the performance desired.
(6)(A) Any employer may apply to the Secretary for a temporary order
granting a variance from a standard or any provision thereof promulgated
under this section. Such temporary order shall be granted only if the
employer files an application which meets the requirements of clause (B)
and establishes that (i) he is unable to comply with a standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into compliance
with the standard or because necessary construction or alteration of
facilities cannot be completed by the effective date, (ii) he is taking
all available steps to safeguard his employees against the hazards
covered by the standard, and (iii) he has an effective program for
coming into compliance with the standard as quickly as practicable. Any
temporary order issued under this paragraph shall prescribe the
practices, means, methods, operations, and processes which the employer
must adopt and use while the order is in effect and state in detail his
program for coming into compliance with the standard. Such a temporary
order may be granted only after notice to employees and an opportunity
for a hearing: Provided, That the Secretary may issue one interim order
to be effective until a decision is made on the basis of the hearing. No
temporary order may be in effect for longer than the period needed by
the employer to achieve compliance with the standard or one year,
whichever is shorter, except that such an order may be renewed not more
than twice (I) so long as the requirements of this paragraph are met and
(II) if an application for renewal is filed at least 90 days prior to
the expiration date of the order. No interim renewal of an order may
remain in effect for longer than 180 days.
(B) An application for a temporary order under this paragraph (6)
shall contain:
(i) a specification of the standard or portion thereof from
which the employer seeks a variance,
(ii) a representation by the employer, supported by
representations from qualified persons having firsthand knowledge of
the facts represented, that he is unable to comply with the standard
or portion thereof and a detailed statement of the reasons therefor,
(iii) a statement of the steps he has taken and will take (with
specific dates) to protect employees against the hazard covered by
the standard,
(iv) a statement of when he expects to be able to comply with
the standard and what steps he has taken and what steps he will take
(with dates specified) to come into compliance with the standard,
and
(v) a certification that he has informed his employees of the
application by giving a copy thereof to their authorized
representative, posting a statement giving a summary of the
application and specifying where a copy may be examined at the place
or places where notices to employees are normally posted, and by
other appropriate means.
A description of how employees have been informed shall be contained in
the certification. The information to employees shall also inform them
of their right to petition the Secretary for a hearing.
(C) The Secretary is authorized to grant a variance from any
standard or portion thereof whenever he determines, or the Secretary of
Health and Human Services certifies, that such variance is necessary to
permit an employer to participate in an experiment approved by him or
the Secretary of Health and Human Services designed to demonstrate or
validate new and improved techniques to safeguard the health or safety
of workers.
(7) Any standard promulgated under this subsection shall prescribe
the use of labels or other appropriate forms of warning as are necessary
to insure that employees are apprised of all hazards to which they are
exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure. Where
appropriate, such standard shall also prescribe suitable protective
equipment and control or technological procedures to be used in
connection with such hazards and shall provide for monitoring or
measuring employee exposure at such locations and intervals, and in such
manner as may be necessary for the protection of employees. In addition,
where appropriate, any such standard shall prescribe the type and
frequency of medical examinations or other tests which shall be made
available, by the employer or at his cost, to employees exposed to such
hazards in order to most effectively determine whether the health of
such employees is adversely affected by such exposure. In the event such
medical examinations are in the nature of research, as determined by the
Secretary of Health and Human Services, such examinations may be
furnished at the expense of the Secretary of Health and Human Services.
The results of such examinations or tests shall be furnished only to the
Secretary or the Secretary of Health and Human Services, and, at the
request of the employee, to his physician. The Secretary, in
consultation with the Secretary of Health and Human Services, may by
rule promulgated pursuant to section 553 of title 5, make appropriate
modifications in the foregoing requirements relating to the use of
labels or other forms of warning, monitoring or measuring, and medical
examinations, as may be warranted by experience, information, or medical
or technological developments acquired subsequent to the promulgation of
the relevant standard.
(8) Whenever a rule promulgated by the Secretary differs
substantially from an existing national consensus standard, the
Secretary shall, at the same time, publish in the Federal Register a
statement of the reasons why the rule as adopted will better effectuate
the purposes of this chapter than the national consensus standard.
(c) Emergency temporary standards
(1) The Secretary shall provide, without regard to the requirements
of chapter 5 of title 5, for an emergency temporary standard to take
immediate effect upon publication in the Federal Register if he
determines (A) that employees are exposed to grave danger from exposure
to substances or agents determined to be toxic or physically harmful or
from new hazards, and (B) that such emergency standard is necessary to
protect employees from such danger.
(2) Such standard shall be effective until superseded by a standard
promulgated in accordance with the procedures prescribed in paragraph
(3) of this subsection.
(3) Upon publication of such standard in the Federal Register the
Secretary shall commence a proceeding in accordance with subsection (b)
of this section, and the standard as published shall also serve as a
proposed rule for the proceeding. The Secretary shall promulgate a
standard under this paragraph no later than six months after publication
of the emergency standard as provided in paragraph (2) of this
subsection.
(d) Variances from standards; procedure
Any affected employer may apply to the Secretary for a rule or order
for a variance from a standard promulgated under this section. Affected
employees shall be given notice of each such application and an
opportunity to participate in a hearing. The Secretary shall issue such
rule or order if he determines on the record, after opportunity for an
inspection where appropriate and a hearing, that the proponent of the
variance has demonstrated by a preponderance of the evidence that the
conditions, practices, means, methods, operations, or processes used or
proposed to be used by an employer will provide employment and places of
employment to his employees which are as safe and healthful as those
which would prevail if he complied with the standard. The rule or order
so issued shall prescribe the conditions the employer must maintain, and
the practices, means, methods, operations, and processes which he must
adopt and utilize to the extent they differ from the standard in
question. Such a rule or order may be modified or revoked upon
application by an employer, employees, or by the Secretary on his own
motion, in the manner prescribed for its issuance under this subsection
at any time after six months from its issuance.
(e) Statement of reasons for Secretary's determinations; publication in
Federal Register
Whenever the Secretary promulgates any standard, makes any rule,
order, or decision, grants any exemption or extension of time, or
compromises, mitigates, or settles any penalty assessed under this
chapter, he shall include a statement of the reasons for such action,
which shall be published in the Federal Register.
(f) Judicial review
Any person who may be adversely affected by a standard issued under
this section may at any time prior to the sixtieth day after such
standard is promulgated file a petition challenging the validity of such
standard with the United States court of appeals for the circuit wherein
such person resides or has his principal place of business, for a
judicial review of such standard. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the Secretary. The
filing of such petition shall not, unless otherwise ordered by the
court, operate as a stay of the standard. The determinations of the
Secretary shall be conclusive if supported by substantial evidence in
the record considered as a whole.
(g) Priority for establishment of standards
In determining the priority for establishing standards under this
section, the Secretary shall give due regard to the urgency of the need
for mandatory safety and health standards for particular industries,
trades, crafts, occupations, businesses, workplaces or work
environments. The Secretary shall also give due regard to the
recommendations of the Secretary of Health and Human Services regarding
the need for mandatory standards in determining the priority for
establishing such standards.
(Pub. L. 91-596, Sec. 6, Dec. 29, 1970, 84 Stat. 1593; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
The effective date of this chapter, referred to in subsec. (a), is
the effective date of Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,
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.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (b)(1),
(6)(C), (7), and (g) pursuant to section 509(b) of Pub. L. 96-88 which
is classified to section 3508(b) of Title 20, Education.
Termination of Advisory Committees
Advisory committees in existence on January 5, 1973, to terminate
not later than the expiration of the 2-year period following January 5,
1973, unless, in the case of a committee established by the President or
an officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
Prohibition on Exposure of Workers to Chemical or Other Hazards for
Purpose of Conducting Experiments
Pub. L. 102-394, title I, Sec. 102, Oct. 6, 1992, 106 Stat. 1799,
provided that: ``None of the funds appropriated under this Act or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts shall be used to
grant variances, interim orders or letters of clarification to employers
which will allow exposure of workers to chemicals or other workplace
hazards in excess of existing Occupational Safety and Health
Administration standards for the purpose of conducting experiments on
workers' health or safety.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-170, title I, Sec. 102, Nov. 26, 1991, 105 Stat. 1114.
Pub. L. 101-517, title I, Sec. 102, Nov. 5, 1990, 104 Stat. 2196.
Pub. L. 101-166, title I, Sec. 102, Nov. 21, 1989, 103 Stat. 1165.
Pub. L. 100-202, Sec. 101(h) [title I, Sec. 102], Dec. 22, 1987, 101
Stat. 1329-256, 1329-263.
Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title I, Sec. 102], Oct. 18,
1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,
title I, Sec. 102], Oct. 30, 1986, 100 Stat. 3341-287.
Pub. L. 99-178, title I, Sec. 102, Dec. 12, 1985, 99 Stat. 1109.
Pub. L. 98-619, title I, Sec. 102, Nov. 8, 1984, 98 Stat. 3311.
Occupational Health Standard Concerning Exposure to Bloodborne Pathogens
Pub. L. 102-170, title I, Sec. 100, Nov. 26, 1991, 105 Stat. 1113,
provided that:
``(a) Notwithstanding any other provision of law, on or before
December 1, 1991, the Secretary of Labor, acting under the Occupational
Safety and Health Act of 1970 [29 U.S.C. 651 et seq.], shall promulgate
a final occupational health standard concerning occupational exposure to
bloodborne pathogens. The final standard shall be based on the proposed
standard as published in the Federal Register on May 30, 1989 (54 FR
23042), concerning occupational exposures to the hepatitis B virus, the
human immunodeficiency virus and other bloodborne pathogens.
``(b) In the event that the final standard referred to in subsection
(a) is not promulgated by the date required under such subsection, the
proposed standard on occupational exposure to bloodborne pathogens as
published in the Federal Register on May 30, 1989 (54 FR 23042) shall
become effective as if such proposed standard had been promulgated as a
final standard by the Secretary of Labor, and remain in effect until the
date on which such Secretary promulgates the final standard referred to
in subsection (a).
``(c) Nothing in this Act [enacting section 962 of Title 30, Mineral
Lands and Mining, amending section 290b of Title 42, The Public Health
and Welfare, enacting provisions set out as notes under section 1070a of
Title 20, Education and section 1383 of Title 42, and amending
provisions set out as notes under section 1255a of Title 8, Aliens and
Nationality, and section 1221-1 of Title 20] shall be construed to
require the Secretary of Labor (acting through the Occupational Safety
and Health Administration) to revise the employment accident reporting
regulations published at 29 C.F.R. 1904.8.''
Retention of Markings and Placards
Pub. L. 101-615, Sec. 29, Nov. 16, 1990, 104 Stat. 3277, provided
that: ``Not later than 18 months after the date of enactment of this Act
[Nov. 16, 1990], the Secretary of Labor, in consultation with the
Secretary of Transportation and the Secretary of the Treasury, shall
issue under section 6(b) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)) standards requiring any employer who receives a
package, container, motor vehicle, rail freight car, aircraft, or vessel
which contains a hazardous material and which is required to be marked,
placarded, or labeled in accordance with regulations issued under the
Hazardous Materials Transportation Act [former 49 U.S.C. 1801 et seq.]
to retain the markings, placards, and labels, and any other information
as may be required by such regulations on the package, container, motor
vehicle, rail freight car, aircraft, or vessel, until the hazardous
materials have been removed therefrom.''
Chemical Process Safety Management
Pub. L. 101-549, title III, Sec. 304, Nov. 15, 1990, 104 Stat. 2576,
provided that:
``(a) Chemical Process Safety Standard.--The Secretary of Labor
shall act under the Occupational Safety and Health Act of 1970 (29
U.S.C. 653) [29 U.S.C. 651 et seq.] to prevent accidental releases of
chemicals which could pose a threat to employees. Not later than 12
months after the date of enactment of the Clean Air Act Amendments of
1990 [Nov. 15, 1990], the Secretary of Labor, in coordination with the
Administrator of the Environmental Protection Agency, shall promulgate,
pursuant to the Occupational Safety and Health Act, a chemical process
safety standard designed to protect employees from hazards associated
with accidental releases of highly hazardous chemicals in the workplace.
``(b) List of Highly Hazardous Chemicals.--The Secretary shall
include as part of such standard a list of highly hazardous chemicals,
which include toxic, flammable, highly reactive and explosive
substances. The list of such chemicals may include those chemicals
listed by the Administrator under section 302 of the Emergency Planning
and Community Right to Know Act of 1986 [42 U.S.C. 11002]. The Secretary
may make additions to such list when a substance is found to pose a
threat of serious injury or fatality in the event of an accidental
release in the workplace.
``(c) Elements of Safety Standard.--Such standard shall, at minimum,
require employers to--
``(1) develop and maintain written safety information
identifying workplace chemical and process hazards, equipment used
in the processes, and technology used in the processes;
``(2) perform a workplace hazard assessment, including, as
appropriate, identification of potential sources of accidental
releases, an identification of any previous release within the
facility which had a likely potential for catastrophic consequences
in the workplace, estimation of workplace effects of a range of
releases, estimation of the health and safety effects of such range
on employees;
``(3) consult with employees and their representatives on the
development and conduct of hazard assessments and the development of
chemical accident prevention plans and provide access to these and
other records required under the standard;
``(4) establish a system to respond to the workplace hazard
assessment findings, which shall address prevention, mitigation, and
emergency responses;
``(5) periodically review the workplace hazard assessment and
response system;
``(6) develop and implement written operating procedures for the
chemical process including procedures for each operating phase,
operating limitations, and safety and health considerations;
``(7) provide written safety and operating information to
employees and train employees in operating procedures, emphasizing
hazards and safe practices;
``(8) ensure contractors and contract employees are provided
appropriate information and training;
``(9) train and educate employees and contractors in emergency
response in a manner as comprehensive and effective as that required
by the regulation promulgated pursuant to section 126(d) of the
Superfund Amendments and Reauthorization Act [of 1986] [Pub. L. 99-
499, set out in a note below];
``(10) establish a quality assurance program to ensure that
initial process related equipment, maintenance materials, and spare
parts are fabricated and installed consistent with design
specifications;
``(11) establish maintenance systems for critical process
related equipment including written procedures, employee training,
appropriate inspections, and testing of such equipment to ensure
ongoing mechanical integrity;
``(12) conduct pre-start-up safety reviews of all newly
installed or modified equipment;
``(13) establish and implement written procedures to manage
change to process chemicals, technology, equipment and facilities;
and
``(14) investigate every incident which results in or could have
resulted in a major accident in the workplace, with any findings to
be reviewed by operating personnel and modifications made if
appropriate.
``(d) State Authority.--Nothing in this section may be construed to
diminish the authority of the States and political subdivisions thereof
as described in section 112(r)(11) of the Clean Air Act [42 U.S.C.
7412(r)(11)].''
Worker Protection Standards
Pub. L. 99-499, title I, Sec. 126(a)-(f), Oct. 17, 1986, 100 Stat.
1690-1692, as amended by Pub. L. 100-202, Sec. 101(f) [title II,
Sec. 201], Dec. 22, 1987, 101 Stat. 1329-187, 1329-198, provided:
``(a) Promulgation.--Within one year after the date of the enactment
of this section [Oct. 17, 1986], the Secretary of Labor shall, pursuant
to section 6 of the Occupational Safety and Health Act of 1970 [29
U.S.C. 655], promulgate standards for the health and safety protection
of employees engaged in hazardous waste operations.
``(b) Proposed Standards.--The Secretary of Labor shall issue
proposed regulations on such standards which shall include, but need not
be limited to, the following worker protection provisions:
``(1) Site analysis.--Requirements for a formal hazard analysis
of the site and development of a site specific plan for worker
protection.
``(2) Training.--Requirements for contractors to provide initial
and routine training of workers before such workers are permitted to
engage in hazardous waste operations which would expose them to
toxic substances.
``(3) Medical surveillance.--A program of regular medical
examination, monitoring, and surveillance of workers engaged in
hazardous waste operations which would expose them to toxic
substances.
``(4) Protective equipment.--Requirements for appropriate
personal protective equipment, clothing, and respirators for work in
hazardous waste operations.
``(5) Engineering controls.--Requirements for engineering
controls concerning the use of equipment and exposure of workers
engaged in hazardous waste operations.
``(6) Maximum exposure limits.--Requirements for maximum
exposure limitations for workers engaged in hazardous waste
operations, including necessary monitoring and assessment
procedures.
``(7) Informational program.--A program to inform workers
engaged in hazardous waste operations of the nature and degree of
toxic exposure likely as a result of such hazardous waste
operations.
``(8) Handling.--Requirements for the handling, transporting,
labeling, and disposing of hazardous wastes.
``(9) New technology program.--A program for the introduction of
new equipment or technologies that will maintain worker protections.
``(10) Decontamination procedures.--Procedures for
decontamination.
``(11) Emergency response.--Requirements for emergency response
and protection of workers engaged in hazardous waste operations.
``(c) Final Regulations.--Final regulations under subsection (a)
shall take effect one year after the date they are promulgated. In
promulgating final regulations on standards under subsection (a), the
Secretary of Labor shall include each of the provisions listed in
paragraphs (1) through (11) of subsection (b) unless the Secretary
determines that the evidence in the public record considered as a whole
does not support inclusion of any such provision.
``(d) Specific Training Standards.--
``(1) Offsite instruction; field experience.--Standards
promulgated under subsection (a) shall include training standards
requiring that general site workers (such as equipment operators,
general laborers, and other supervised personnel) engaged in
hazardous substance removal or other activities which expose or
potentially expose such workers to hazardous substances receive a
minimum of 40 hours of initial instruction off the site, and a
minimum of three days of actual field experience under the direct
supervision of a trained, experienced supervisor, at the time of
assignment. The requirements of the preceding sentence shall not
apply to any general site worker who has received the equivalent of
such training. Workers who may be exposed to unique or special
hazards shall be provided additional training.
``(2) Training of supervisors.--Standards promulgated under
subsection (a) shall include training standards requiring that
onsite managers and supervisors directly responsible for the
hazardous waste operations (such as foremen) receive the same
training as general site workers set forth in paragraph (1) of this
subsection and at least eight additional hours of specialized
training on managing hazardous waste operations. The requirements of
the preceding sentence shall not apply to any person who has
received the equivalent of such training.
``(3) Certification; enforcement.--Such training standards shall
contain provisions for certifying that general site workers, onsite
managers, and supervisors have received the specified training and
shall prohibit any individual who has not received the specified
training from engaging in hazardous waste operations covered by the
standard. The certification procedures shall be no less
comprehensive than those adopted by the Environmental Protection
Agency in its Model Accreditation Plan for Asbestos Abatement
Training as required under the Asbestos Hazard Emergency Response
Act of 1986 [Pub. L. 99-519, see Short Title of 1986 Amendment note,
set out under section 2601 of Title 15, Commerce and Trade].
``(4) Training of emergency response personnel.--Such training
standards shall set forth requirements for the training of workers
who are responsible for responding to hazardous emergency situations
who may be exposed to toxic substances in carrying out their
responsibilities.
``(e) Interim Regulations.--The Secretary of Labor shall issue
interim final regulations under this section within 60 days after the
enactment of this section [Oct. 17, 1986] which shall provide no less
protection under this section for workers employed by contractors and
emergency response workers than the protections contained in the
Environmental Protection Agency Manual (1981) `Health and Safety
Requirements for Employees Engaged in Field Activities' and existing
standards under the Occupational Safety and Health Act of 1970 [29
U.S.C. 651 et seq.] found in subpart C of part 1926 of title 29 of the
Code of Federal Regulations. Such interim final regulations shall take
effect upon issuance and shall apply until final regulations become
effective under subsection (c).
``(f) Coverage of Certain State and Local Employees.--Not later than
90 days after the promulgation of final regulations under subsection
(a), the Administrator shall promulgate standards identical to those
promulgated by the Secretary of Labor under subsection (a). Standards
promulgated under this subsection shall apply to employees of State and
local governments in each State which does not have in effect an
approved State plan under section 18 of the Occupational Safety and
Health Act of 1970 [29 U.S.C. 667] providing for standards for the
health and safety protection of employees engaged in hazardous waste
operations.''
Section Referred to in Other Sections
This section is referred to in sections 656, 657, 658, 666, 667,
668, 669 of this title; title 2 section 1341; title 3 section 425; title
7 section 1942; title 42 section 4853.
