§ 669. — Research and related activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC669]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 669. Research and related activities
(a) Authority of Secretary of Health and Human Services to conduct
research, experiments, and demonstrations, develop plans,
establish criteria, promulgate regulations, authorize programs,
and publish results and industrywide studies; consultations
(1) The Secretary of Health and Human Services, after consultation
with the Secretary and with other appropriate Federal departments or
agencies, shall conduct (directly or by grants or contracts) research,
experiments, and demonstrations relating to occupational safety and
health, including studies of psychological factors involved, and
relating to innovative methods, techniques, and approaches for dealing
with occupational safety and health problems.
(2) The Secretary of Health and Human Services shall from time to
time consult with the Secretary in order to develop specific plans for
such research, demonstrations, and experiments as are necessary to
produce criteria, including criteria identifying toxic substances,
enabling the Secretary to meet his responsibility for the formulation of
safety and health standards under this chapter; and the Secretary of
Health and Human Services, on the basis of such research,
demonstrations, and experiments and any other information available to
him, shall develop and publish at least annually such criteria as will
effectuate the purposes of this chapter.
(3) The Secretary of Health and Human Services, on the basis of such
research, demonstrations, and experiments, and any other information
available to him, shall develop criteria dealing with toxic materials
and harmful physical agents and substances which will describe exposure
levels that are safe for various periods of employment, including but
not limited to the exposure levels at which no employee will suffer
impaired health or functional capacities or diminished life expectancy
as a result of his work experience.
(4) The Secretary of Health and Human Services shall also conduct
special research, experiments, and demonstrations relating to
occupational safety and health as are necessary to explore new problems,
including those created by new technology in occupational safety and
health, which may require ameliorative action beyond that which is
otherwise provided for in the operating provisions of this chapter. The
Secretary of Health and Human Services shall also conduct research into
the motivational and behavioral factors relating to the field of
occupational safety and health.
(5) The Secretary of Health and Human Services, in order to comply
with his responsibilities under paragraph (2), and in order to develop
needed information regarding potentially toxic substances or harmful
physical agents, may prescribe regulations requiring employers to
measure, record, and make reports on the exposure of employees to
substances or physical agents which the Secretary of Health and Human
Services reasonably believes may endanger the health or safety of
employees. The Secretary of Health and Human Services also is authorized
to establish such programs of medical examinations and tests as may be
necessary for determining the incidence of occupational illnesses and
the susceptibility of employees to such illnesses. Nothing in this or
any other provision of this chapter shall be deemed to authorize or
require medical examination, immunization, or treatment for those who
object thereto on religious grounds, except where such is necessary for
the protection of the health or safety of others. Upon the request of
any employer who is required to measure and record exposure of employees
to substances or physical agents as provided under this subsection, the
Secretary of Health and Human Services shall furnish full financial or
other assistance to such employer for the purpose of defraying any
additional expense incurred by him in carrying out the measuring and
recording as provided in this subsection.
(6) The Secretary of Health and Human Services shall publish within
six months of December 29, 1970, and thereafter as needed but at least
annually a list of all known toxic substances by generic family or other
useful grouping, and the concentrations at which such toxicity is known
to occur. He shall determine following a written request by any employer
or authorized representative of employees, specifying with reasonable
particularity the grounds on which the request is made, whether any
substance normally found in the place of employment has potentially
toxic effects in such concentrations as used or found; and shall submit
such determination both to employers and affected employees as soon as
possible. If the Secretary of Health and Human Services determines that
any substance is potentially toxic at the concentrations in which it is
used or found in a place of employment, and such substance is not
covered by an occupational safety or health standard promulgated under
section 655 of this title, the Secretary of Health and Human Services
shall immediately submit such determination to the Secretary, together
with all pertinent criteria.
(7) Within two years of December 29, 1970, and annually thereafter
the Secretary of Health and Human Services shall conduct and publish
industrywide studies of the effect of chronic or low-level exposure to
industrial materials, processes, and stresses on the potential for
illness, disease, or loss of functional capacity in aging adults.
(b) Authority of Secretary of Health and Human Services to make
inspections and question employers and employees
The Secretary of Health and Human Services is authorized to make
inspections and question employers and employees as provided in section
657 of this title in order to carry out his functions and
responsibilities under this section.
(c) Contracting authority of Secretary of Labor; cooperation between
Secretary of Labor and Secretary of Health and Human Services
The Secretary is authorized to enter into contracts, agreements, or
other arrangements with appropriate public agencies or private
organizations for the purpose of conducting studies relating to his
responsibilities under this chapter. In carrying out his
responsibilities under this subsection, the Secretary shall cooperate
with the Secretary of Health and Human Services in order to avoid any
duplication of efforts under this section.
(d) Dissemination of information to interested parties
Information obtained by the Secretary and the Secretary of Health
and Human Services under this section shall be disseminated by the
Secretary to employers and employees and organizations thereof.
(e) Delegation of functions of Secretary of Health and Human Services to
Director of the National Institute for Occupational Safety and
Health
The functions of the Secretary of Health and Human Services under
this chapter shall, to the extent feasible, be delegated to the Director
of the National Institute for Occupational Safety and Health established
by section 671 of this title.
(Pub. L. 91-596, Sec. 20, Dec. 29, 1970, 84 Stat. 1610; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Change of Name
``Secretary of Health and Human Services'' substituted in text for
``Secretary of Health, Education, and Welfare'' 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 section 671 of this title.
