§ 659. — Enforcement procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC659]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 659. Enforcement procedures
(a) Notification of employer of proposed assessment of penalty
subsequent to issuance of citation; time for notification of
Secretary by employer of contest by employer of citation or
proposed assessment; citation and proposed assessment as final
order upon failure of employer to notify of contest and failure
of employees to file notice
If, after an inspection or investigation, the Secretary issues a
citation under section 658(a) of this title, he shall, within a
reasonable time after the termination of such inspection or
investigation, notify the employer by certified mail of the penalty, if
any, proposed to be assessed under section 666 of this title and that
the employer has fifteen working days within which to notify the
Secretary that he wishes to contest the citation or proposed assessment
of penalty. If, within fifteen working days from the receipt of the
notice issued by the Secretary the employer fails to notify the
Secretary that he intends to contest the citation or proposed assessment
of penalty, and no notice is filed by any employee or representative of
employees under subsection (c) of this section within such time, the
citation and the assessment, as proposed, shall be deemed a final order
of the Commission and not subject to review by any court or agency.
(b) Notification of employer of failure to correct in allotted time
period violation for which citation was issued and proposed
assessment of penalty for failure to correct; time for
notification of Secretary by employer of contest by employer of
notification of failure to correct or proposed assessment;
notification or proposed assessment as final order upon failure
of employer to notify of contest
If the Secretary has reason to believe that an employer has failed
to correct a violation for which a citation has been issued within the
period permitted for its correction (which period shall not begin to run
until the entry of a final order by the Commission in the case of any
review proceedings under this section initiated by the employer in good
faith and not solely for delay or avoidance of penalties), the Secretary
shall notify the employer by certified mail of such failure and of the
penalty proposed to be assessed under section 666 of this title by
reason of such failure, and that the employer has fifteen working days
within which to notify the Secretary that he wishes to contest the
Secretary's notification or the proposed assessment of penalty. If,
within fifteen working days from the receipt of notification issued by
the Secretary, the employer fails to notify the Secretary that he
intends to contest the notification or proposed assessment of penalty,
the notification or proposed assessment of penalty, the notification and
assessment, as proposed, shall be deemed a final order of the Commission
and not subject to review by any court or agency.
(c) Advisement of Commission by Secretary of notification of contest by
employer of citation or notification or of filing of notice by
any employee or representative of employees; hearing by
Commission; orders of Commission and Secretary; rules of
procedure
If an employer notifies the Secretary that he intends to contest a
citation issued under section 658(a) of this title or notification
issued under subsection (a) or (b) of this section, or if, within
fifteen working days of the issuance of a citation under section 658(a)
of this title, any employee or representative of employees files a
notice with the Secretary alleging that the period of time fixed in the
citation for the abatement of the violation is unreasonable, the
Secretary shall immediately advise the Commission of such notification,
and the Commission shall afford an opportunity for a hearing (in
accordance with section 554 of title 5 but without regard to subsection
(a)(3) of such section). The Commission shall thereafter issue an order,
based on findings of fact, affirming, modifying, or vacating the
Secretary's citation or proposed penalty, or directing other appropriate
relief, and such order shall become final thirty days after its
issuance. Upon a showing by an employer of a good faith effort to comply
with the abatement requirements of a citation, and that abatement has
not been completed because of factors beyond his reasonable control, the
Secretary, after an opportunity for a hearing as provided in this
subsection, shall issue an order affirming or modifying the abatement
requirements in such citation. The rules of procedure prescribed by the
Commission shall provide affected employees or representatives of
affected employees an opportunity to participate as parties to hearings
under this subsection.
(Pub. L. 91-596, Sec. 10, Dec. 29, 1970, 84 Stat. 1601.)
Section Referred to in Other Sections
This section is referred to in sections 660, 666, 667 of this title;
title 2 section 1341; title 3 section 425.
