§ 660. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC660]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 660. Judicial review
(a) Filing of petition by persons adversely affected or aggrieved;
orders subject to review; jurisdiction; venue; procedure;
conclusiveness of record and findings of Commission; appropriate
relief; finality of judgment
Any person adversely affected or aggrieved by an order of the
Commission issued under subsection (c) of section 659 of this title may
obtain a review of such order in any United States court of appeals for
the circuit in which the violation is alleged to have occurred or where
the employer has its principal office, or in the Court of Appeals for
the District of Columbia Circuit, by filing in such court within sixty
days following the issuance of such order a written petition praying
that the order be modified or set aside. A copy of such petition shall
be forthwith transmitted by the clerk of the court to the Commission and
to the other parties, and thereupon the Commission shall file in the
court the record in the proceeding as provided in section 2112 of title
28. Upon such filing, the court shall have jurisdiction of the
proceeding and of the question determined therein, and shall have power
to grant such temporary relief or restraining order as it deems just and
proper, and to make and enter upon the pleadings, testimony, and
proceedings set forth in such record a decree affirming, modifying, or
setting aside in whole or in part, the order of the Commission and
enforcing the same to the extent that such order is affirmed or
modified. The commencement of proceedings under this subsection shall
not, unless ordered by the court, operate as a stay of the order of the
Commission. No objection that has not been urged before the Commission
shall be considered by the court, unless the failure or neglect to urge
such objection shall be excused because of extraordinary circumstances.
The findings of the Commission with respect to questions of fact, if
supported by substantial evidence on the record considered as a whole,
shall be conclusive. If any party shall apply to the court for leave to
adduce additional evidence and shall show to the satisfaction of the
court that such additional evidence is material and that there were
reasonable grounds for the failure to adduce such evidence in the
hearing before the Commission, the court may order such additional
evidence to be taken before the Commission and to be made a part of the
record. The Commission may modify its findings as to the facts, or make
new findings, by reason of additional evidence so taken and filed, and
it shall file such modified or new findings, which findings with respect
to questions of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive, and its recommendations, if
any, for the modification or setting aside of its original order. Upon
the filing of the record with it, the jurisdiction of the court shall be
exclusive and its judgment and decree shall be final, except that the
same shall be subject to review by the Supreme Court of the United
States, as provided in section 1254 of title 28.
(b) Filing of petition by Secretary; orders subject to review;
jurisdiction; venue; procedure; conclusiveness of record and
findings of Commission; enforcement of orders; contempt
proceedings
The Secretary may also obtain review or enforcement of any final
order of the Commission by filing a petition for such relief in the
United States court of appeals for the circuit in which the alleged
violation occurred or in which the employer has its principal office,
and the provisions of subsection (a) of this section shall govern such
proceedings to the extent applicable. If no petition for review, as
provided in subsection (a) of this section, is filed within sixty days
after service of the Commission's order, the Commission's findings of
fact and order shall be conclusive in connection with any petition for
enforcement which is filed by the Secretary after the expiration of such
sixty-day period. In any such case, as well as in the case of a
noncontested citation or notification by the Secretary which has become
a final order of the Commission under subsection (a) or (b) of section
659 of this title, the clerk of the court, unless otherwise ordered by
the court, shall forthwith enter a decree enforcing the order and shall
transmit a copy of such decree to the Secretary and the employer named
in the petition. In any contempt proceeding brought to enforce a decree
of a court of appeals entered pursuant to this subsection or subsection
(a) of this section, the court of appeals may assess the penalties
provided in section 666 of this title, in addition to invoking any other
available remedies.
(c) Discharge or discrimination against employee for exercise of rights
under this chapter; prohibition; procedure for relief
(1) No person shall discharge or in any manner discriminate against
any employee because such employee has filed any complaint or instituted
or caused to be instituted any proceeding under or related to this
chapter or has testified or is about to testify in any such proceeding
or because of the exercise by such employee on behalf of himself or
others of any right afforded by this chapter.
(2) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of this
subsection may, within thirty days after such violation occurs, file a
complaint with the Secretary alleging such discrimination. Upon receipt
of such complaint, the Secretary shall cause such investigation to be
made as he deems appropriate. If upon such investigation, the Secretary
determines that the provisions of this subsection have been violated, he
shall bring an action in any appropriate United States district court
against such person. In any such action the United States district
courts shall have jurisdiction, for cause shown to restrain violations
of paragraph (1) of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to his former
position with back pay.
(3) Within 90 days of the receipt of a complaint filed under this
subsection the Secretary shall notify the complainant of his
determination under paragraph (2) of this subsection.
(Pub. L. 91-596, Sec. 11, Dec. 29, 1970, 84 Stat. 1602; Pub. L. 98-620,
title IV, Sec. 402(32), Nov. 8, 1984, 98 Stat. 3360.)
Amendments
1984--Subsec. (a). Pub. L. 98-620 struck out provision requiring
expeditious hearing of petitions filed under this subsection.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under
section 1657 of Title 28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in title 15 section 2651.
