§ 657. — Inspections, investigations, and recordkeeping.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC657]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 657. Inspections, investigations, and recordkeeping
(a) Authority of Secretary to enter, inspect, and investigate places of
employment; time and manner
In order to carry out the purposes of this chapter, the Secretary,
upon presenting appropriate credentials to the owner, operator, or agent
in charge, is authorized--
(1) to enter without delay and at reasonable times any factory,
plant, establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an employer;
and
(2) to inspect and investigate during regular working hours and
at other reasonable times, and within reasonable limits and in a
reasonable manner, any such place of employment and all pertinent
conditions, structures, machines, apparatus, devices, equipment, and
materials therein, and to question privately any such employer,
owner, operator, agent, or employee.
(b) Attendance and testimony of witnesses and production of evidence;
enforcement of subpoena
In making his inspections and investigations under this chapter the
Secretary may require the attendance and testimony of witnesses and the
production of evidence under oath. Witnesses shall be paid the same fees
and mileage that are paid witnesses in the courts of the United States.
In case of a contumacy, failure, or refusal of any person to obey such
an order, any district court of the United States or the United States
courts of any territory or possession, within the jurisdiction of which
such person is found, or resides or transacts business, upon the
application by the Secretary, shall have jurisdiction to issue to such
person an order requiring such person to appear to produce evidence if,
as, and when so ordered, and to give testimony relating to the matter
under investigation or in question, and any failure to obey such order
of the court may be punished by said court as a contempt thereof.
(c) Maintenance, preservation, and availability of records; issuance of
regulations; scope of records; periodic inspections by employer;
posting of notices by employer; notification of employee of
corrective action
(1) Each employer shall make, keep and preserve, and make available
to the Secretary or the Secretary of Health and Human Services, such
records regarding his activities relating to this chapter as the
Secretary, in cooperation with the Secretary of Health and Human
Services, may prescribe by regulation as necessary or appropriate for
the enforcement of this chapter or for developing information regarding
the causes and prevention of occupational accidents and illnesses. In
order to carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic inspections.
The Secretary shall also issue regulations requiring that employers,
through posting of notices or other appropriate means, keep their
employees informed of their protections and obligations under this
chapter, including the provisions of applicable standards.
(2) The Secretary, in cooperation with the Secretary of Health and
Human Services, shall prescribe regulations requiring employers to
maintain accurate records of, and to make periodic reports on, work-
related deaths, injuries and illnesses other than minor injuries
requiring only first aid treatment and which do not involve medical
treatment, loss of consciousness, restriction of work or motion, or
transfer to another job.
(3) The Secretary, in cooperation with the Secretary of Health and
Human Services, shall issue regulations requiring employers to maintain
accurate records of employee exposures to potentially toxic materials or
harmful physical agents which are required to be monitored or measured
under section 655 of this title. Such regulations shall provide
employees or their representatives with an opportunity to observe such
monitoring or measuring, and to have access to the records thereof. Such
regulations shall also make appropriate provision for each employee or
former employee to have access to such records as will indicate his own
exposure to toxic materials or harmful physical agents. Each employer
shall promptly notify any employee who has been or is being exposed to
toxic materials or harmful physical agents in concentrations or at
levels which exceed those prescribed by an applicable occupational
safety and health standard promulgated under section 655 of this title,
and shall inform any employee who is being thus exposed of the
corrective action being taken.
(d) Obtaining of information
Any information obtained by the Secretary, the Secretary of Health
and Human Services, or a State agency under this chapter shall be
obtained with a minimum burden upon employers, especially those
operating small businesses. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent feasible.
(e) Employer and authorized employee representatives to accompany
Secretary or his authorized representative on inspection of
workplace; consultation with employees where no authorized
employee representative is present
Subject to regulations issued by the Secretary, a representative of
the employer and a representative authorized by his employees shall be
given an opportunity to accompany the Secretary or his authorized
representative during the physical inspection of any workplace under
subsection (a) of this section for the purpose of aiding such
inspection. Where there is no authorized employee representative, the
Secretary or his authorized representative shall consult with a
reasonable number of employees concerning matters of health and safety
in the workplace.
(f) Request for inspection by employees or representative of employees;
grounds; procedure; determination of request; notification of
Secretary or representative prior to or during any inspection of
violations; procedure for review of refusal by representative of
Secretary to issue citation for alleged violations
(1) Any employees or representative of employees who believe that a
violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists, may request an inspection by
giving notice to the Secretary or his authorized representative of such
violation or danger. Any such notice shall be reduced to writing, shall
set forth with reasonable particularity the grounds for the notice, and
shall be signed by the employees or representative of employees, and a
copy shall be provided the employer or his agent no later than at the
time of inspection, except that, upon the request of the person giving
such notice, his name and the names of individual employees referred to
therein shall not appear in such copy or on any record published,
released, or made available pursuant to subsection (g) of this section.
If upon receipt of such notification the Secretary determines there are
reasonable grounds to believe that such violation or danger exists, he
shall make a special inspection in accordance with the provisions of
this section as soon as practicable, to determine if such violation or
danger exists. If the Secretary determines there are no reasonable
grounds to believe that a violation or danger exists he shall notify the
employees or representative of the employees in writing of such
determination.
(2) Prior to or during any inspection of a workplace, any employees
or representative of employees employed in such workplace may notify the
Secretary or any representative of the Secretary responsible for
conducting the inspection, in writing, of any violation of this chapter
which they have reason to believe exists in such workplace. The
Secretary shall, by regulation, establish procedures for informal review
of any refusal by a representative of the Secretary to issue a citation
with respect to any such alleged violation and shall furnish the
employees or representative of employees requesting such review a
written statement of the reasons for the Secretary's final disposition
of the case.
(g) Compilation, analysis, and publication of reports and information;
rules and regulations
(1) The Secretary and Secretary of Health and Human Services are
authorized to compile, analyze, and publish, either in summary or
detailed form, all reports or information obtained under this section.
(2) The Secretary and the Secretary of Health and Human Services
shall each prescribe such rules and regulations as he may deem necessary
to carry out their responsibilities under this chapter, including rules
and regulations dealing with the inspection of an employer's
establishment.
(h) Use of results of enforcement activities
The Secretary shall not use the results of enforcement activities,
such as the number of citations issued or penalties assessed, to
evaluate employees directly involved in enforcement activities under
this chapter or to impose quotas or goals with regard to the results of
such activities.
(Pub. L. 91-596, Sec. 8, Dec. 29, 1970, 84 Stat. 1598; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105-198,
Sec. 1, July 16, 1998, 112 Stat. 640.)
Amendments
1998--Subsec. (h). Pub. L. 105-198 added subsec. (h).
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (c), (d),
and (g) pursuant to section 509(b) of Pub. L. 96-88 which is classified
to section 3508(b) of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 667, 669, 670, 673 of this
title; title 2 section 1341; title 3 section 425.
