§ 670. — Training and employee education.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC670]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 670. Training and employee education
(a) Authority of Secretary of Health and Human Services to conduct
education and informational programs; consultations
The Secretary of Health and Human Services, after consultation with
the Secretary and with other appropriate Federal departments and
agencies, shall conduct, directly or by grants or contracts (1)
education programs to provide an adequate supply of qualified personnel
to carry out the purposes of this chapter, and (2) informational
programs on the importance of and proper use of adequate safety and
health equipment.
(b) Authority of Secretary of Labor to conduct short-term training of
personnel
The Secretary is also authorized to conduct, directly or by grants
or contracts, short-term training of personnel engaged in work related
to his responsibilities under this chapter.
(c) Authority of Secretary of Labor to establish and supervise education
and training programs and consult and advise interested parties
The Secretary, in consultation with the Secretary of Health and
Human Services, shall (1) provide for the establishment and supervision
of programs for the education and training of employers and employees in
the recognition, avoidance, and prevention of unsafe or unhealthful
working conditions in employments covered by this chapter, and (2)
consult with and advise employers and employees, and organizations
representing employers and employees as to effective means of preventing
occupational injuries and illnesses.
(d) Compliance assistance program
(1) The Secretary shall establish and support cooperative agreements
with the States under which employers subject to this chapter may
consult with State personnel with respect to--
(A) the application of occupational safety and health
requirements under this chapter or under State plans approved under
section 667 of this title; and
(B) voluntary efforts that employers may undertake to establish
and maintain safe and healthful employment and places of employment.
Such agreements may provide, as a condition of receiving funds under
such agreements, for contributions by States towards meeting the costs
of such agreements.
(2) Pursuant to such agreements the State shall provide on-site
consultation at the employer's worksite to employers who request such
assistance. The State may also provide other education and training
programs for employers and employees in the State. The State shall
ensure that on-site consultations conducted pursuant to such agreements
include provision for the participation by employees.
(3) Activities under this subsection shall be conducted
independently of any enforcement activity. If an employer fails to take
immediate action to eliminate employee exposure to an imminent danger
identified in a consultation or fails to correct a serious hazard so
identified within a reasonable time, a report shall be made to the
appropriate enforcement authority for such action as is appropriate.
(4) The Secretary shall, by regulation after notice and opportunity
for comment, establish rules under which an employer--
(A) which requests and undergoes an on-site consultative visit
provided under this subsection;
(B) which corrects the hazards that have been identified during
the visit within the time frames established by the State and agrees
to request a subsequent consultative visit if major changes in
working conditions or work processes occur which introduce new
hazards in the workplace; and
(C) which is implementing procedures for regularly identifying
and preventing hazards regulated under this chapter and maintains
appropriate involvement of, and training for, management and non-
management employees in achieving safe and healthful working
conditions,
may be exempt from an inspection (except an inspection requested under
section 657(f) of this title or an inspection to determine the cause of
a workplace accident which resulted in the death of one or more
employees or hospitalization for three or more employees) for a period
of 1 year from the closing of the consultative visit.
(5) A State shall provide worksite consultations under paragraph (2)
at the request of an employer. Priority in scheduling such consultations
shall be assigned to requests from small businesses which are in higher
hazard industries or have the most hazardous conditions at issue in the
request.
(Pub. L. 91-596, Sec. 21, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105-197,
Sec. 2, July 16, 1998, 112 Stat. 638.)
Amendments
1998--Subsec. (d). Pub. L. 105-197 added subsec. (d).
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (a) and (c)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
Retention of Training Institute Course Tuition Fees by OSHA
Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2182, provided in
part that: ``notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education grants''.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
2763, 2763A-8.
Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29, 1999,
113 Stat. 1535, 1501A-222.
Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998, 112
Stat. 2681-337, 2681-343.
Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1474.
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept. 30,
1996, 110 Stat. 3009-233, 3009-239.
Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996, 110
Stat. 1321-211, 1321-217; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-333, title I, Sept. 30, 1994, 108 Stat. 2544.
Section Referred to in Other Sections
This section is referred to in section 671 of this title.
