§ 671a. — Workers' family protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC671a]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 671a. Workers' family protection
(a) Short title
This section may be cited as the ``Workers' Family Protection Act''.
(b) Findings and purpose
(1) Findings
Congress finds that--
(A) hazardous chemicals and substances that can threaten the
health and safety of workers are being transported out of
industries on workers' clothing and persons;
(B) these chemicals and substances have the potential to
pose an additional threat to the health and welfare of workers
and their families;
(C) additional information is needed concerning issues
related to employee transported contaminant releases; and
(D) additional regulations may be needed to prevent future
releases of this type.
(2) Purpose
It is the purpose of this section to--
(A) increase understanding and awareness concerning the
extent and possible health impacts of the problems and incidents
described in paragraph (1);
(B) prevent or mitigate future incidents of home
contamination that could adversely affect the health and safety
of workers and their families;
(C) clarify regulatory authority for preventing and
responding to such incidents; and
(D) assist workers in redressing and responding to such
incidents when they occur.
(c) Evaluation of employee transported contaminant releases
(1) Study
(A) In general
Not later than 18 months after October 26, 1992, the
Director of the National Institute for Occupational Safety and
Health (hereafter in this section referred to as the
``Director''), in cooperation with the Secretary of Labor, the
Administrator of the Environmental Protection Agency, the
Administrator of the Agency for Toxic Substances and Disease
Registry, and the heads of other Federal Government agencies as
determined to be appropriate by the Director, shall conduct a
study to evaluate the potential for, the prevalence of, and the
issues related to the contamination of workers' homes with
hazardous chemicals and substances, including infectious agents,
transported from the workplaces of such workers.
(B) Matters to be evaluated
In conducting the study and evaluation under subparagraph
(A), the Director shall--
(i) conduct a review of past incidents of home
contamination through the utilization of literature and of
records concerning past investigations and enforcement
actions undertaken by--
(I) the National Institute for Occupational Safety
and Health;
(II) the Secretary of Labor to enforce the
Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.);
(III) States to enforce occupational safety and
health standards in accordance with section 18 of such
Act (29 U.S.C. 667); and
(IV) other government agencies (including the
Department of Energy and the Environmental Protection
Agency), as the Director may determine to be
appropriate;
(ii) evaluate current statutory, regulatory, and
voluntary industrial hygiene or other measures used by
small, medium and large employers to prevent or remediate
home contamination;
(iii) compile a summary of the existing research and
case histories conducted on incidents of employee
transported contaminant releases, including--
(I) the effectiveness of workplace housekeeping
practices and personal protective equipment in
preventing such incidents;
(II) the health effects, if any, of the resulting
exposure on workers and their families;
(III) the effectiveness of normal house cleaning and
laundry procedures for removing hazardous materials and
agents from workers' homes and personal clothing;
(IV) indoor air quality, as the research concerning
such pertains to the fate of chemicals transported from
a workplace into the home environment; and
(V) methods for differentiating exposure health
effects and relative risks associated with specific
agents from other sources of exposure inside and outside
the home;
(iv) identify the role of Federal and State agencies in
responding to incidents of home contamination;
(v) prepare and submit to the Task Force established
under paragraph (2) and to the appropriate committees of
Congress, a report concerning the results of the matters
studied or evaluated under clauses (i) through (iv); and
(vi) study home contamination incidents and issues and
worker and family protection policies and practices related
to the special circumstances of firefighters and prepare and
submit to the appropriate committees of Congress a report
concerning the findings with respect to such study.
(2) Development of investigative strategy
(A) Task Force
Not later than 12 months after October 26, 1992, the
Director shall establish a working group, to be known as the
``Workers' Family Protection Task Force''. The Task Force
shall--
(i) be composed of not more than 15 individuals to be
appointed by the Director from among individuals who are
representative of workers, industry, scientists, industrial
hygienists, the National Research Council, and government
agencies, except that not more than one such individual
shall be from each appropriate government agency and the
number of individuals appointed to represent industry and
workers shall be equal in number;
(ii) review the report submitted under paragraph
(1)(B)(v);
(iii) determine, with respect to such report, the
additional data needs, if any, and the need for additional
evaluation of the scientific issues related to and the
feasibility of developing such additional data; and
(iv) if additional data are determined by the Task Force
to be needed, develop a recommended investigative strategy
for use in obtaining such information.
(B) Investigative strategy
(i) Content
The investigative strategy developed under subparagraph
(A)(iv) shall identify data gaps that can and cannot be
filled, assumptions and uncertainties associated with
various components of such strategy, a timetable for the
implementation of such strategy, and methodologies used to
gather any required data.
(ii) Peer review
The Director shall publish the proposed investigative
strategy under subparagraph (A)(iv) for public comment and
utilize other methods, including technical conferences or
seminars, for the purpose of obtaining comments concerning
the proposed strategy.
(iii) Final strategy
After the peer review and public comment is conducted
under clause (ii), the Director, in consultation with the
heads of other government agencies, shall propose a final
strategy for investigating issues related to home
contamination that shall be implemented by the National
Institute for Occupational Safety and Health and other
Federal agencies for the period of time necessary to enable
such agencies to obtain the information identified under
subparagraph (A)(iii).
(C) Construction
Nothing in this section shall be construed as precluding any
government agency from investigating issues related to home
contamination using existing procedures until such time as a
final strategy is developed or from taking actions in addition
to those proposed in the strategy after its completion.
(3) Implementation of investigative strategy
Upon completion of the investigative strategy under subparagraph
(B)(iii), each Federal agency or department shall fulfill the role
assigned to it by the strategy.
(d) Regulations
(1) In general
Not later than 4 years after October 26, 1992, and periodically
thereafter, the Secretary of Labor, based on the information
developed under subsection (c) of this section and on other
information available to the Secretary, shall--
(A) determine if additional education about, emphasis on, or
enforcement of existing regulations or standards is needed and
will be sufficient, or if additional regulations or standards
are needed with regard to employee transported releases of
hazardous materials; and
(B) prepare and submit to the appropriate committees of
Congress a report concerning the result of such determination.
(2) Additional regulations or standards
If the Secretary of Labor determines that additional regulations
or standards are needed under paragraph (1), the Secretary shall
promulgate, pursuant to the Secretary's authority under the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.),
such regulations or standards as determined to be appropriate not
later than 3 years after such determination.
(e) Authorization of appropriations
There are authorized to be appropriated from sums otherwise
authorized to be appropriated, for each fiscal year such sums as may be
necessary to carry out this section.
(Pub. L. 102-522, title II, Sec. 209, Oct. 26, 1992, 106 Stat. 3420.)
References in Text
The Occupational Safety and Health Act of 1970, referred to in
subsecs. (c)(1)(B)(i)(II) and (d)(2), is Pub. L. 91-596, Dec. 29, 1970,
84 Stat. 1590, as amended, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 651 of this title and Tables.
Codification
Section was enacted as part of the Fire Administration Authorization
Act of 1992, and not as part of the Occupational Safety and Health Act
of 1970 which comprises this chapter.
