§ 941. — Safety rules and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC941]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 941. Safety rules and regulations
(a) Safe place of employment; installation of safety devices and
safeguards
Every employer shall furnish and maintain employment and places of
employment which shall be reasonably safe for his employees in all
employments covered by this chapter and shall install, furnish,
maintain, and use such devices and safeguards with particular reference
to equipment used by and working conditions established by such
employers as the Secretary may determine by regulation or order to be
reasonably necessary to protect the life, health, and safety of such
employees, and to render safe such employment and places of employment,
and to prevent injury to his employees. However, the Secretary may not
make determinations by regulation or order under this section as to
matters within the scope of title 52 of the Revised Statutes and Acts
supplementary or amendatory thereto, the Act of June 15, 1917 (ch. 30,
40 Stat. 220), as amended, or section 1333(e) of title 43.
(b) Studies and investigations by Secretary
The Secretary, in enforcing and administering the provisions of this
section, is authorized in addition to such other powers and duties as
are conferred upon him--
(1) to make studies and investigations with respect to safety
provisions and the causes and prevention of injuries in employments
covered by this chapter, and in making such studies and
investigations to cooperate with any agency of the United States or
with any State agency engaged in similar work;
(2) to utilize the services of any agency of the United States
or any State agency engaged in similar work (with the consent of
such agency) in connection with the administration of this section;
(3) to promote uniformity in safety standards in employments
covered by this chapter through cooperative action with any agency
of the United States or with any State agency engaged in similar
work;
(4) to 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 working conditions
in employments covered by this chapter, and to consult with and
advise employers as to the best means of preventing injuries;
(5) to hold such hearings, issue such orders, and make such
decisions, based upon findings of fact, as are deemed to be
necessary to enforce the provisions of this section, and for such
purposes the Secretary and the district courts shall have the
authority and jurisdiction provided by section 39 of title 41, and
the Secretary shall be represented in any court proceedings as
provided in section 921a of this title.
(c) Inspection of places and practices of employment
The Secretary or his authorized representative may inspect such
places of employment, question such employees, and investigate such
conditions, practices, or matters in connection with employment subject
to this chapter, as he may deem appropriate to determine whether any
person has violated any provision of this section, or any rule or
regulation issued thereunder, or which may aid in the enforcement of the
provisions of this section. No employer or other person shall refuse to
admit the Secretary or his authorized representatives to any such place
or shall refuse to permit any such inspection.
(d) Requests for advice; variations from safety rules and regulations
Any employer may request the advice of the Secretary or his
authorized representative, in complying with the requirements of any
rule or regulation adopted to carry out the provisions of this section.
In case of practical difficulties or unnecessary hardships, the
Secretary in his discretion may grant variations from any such rule or
regulation, or particular provisions thereof, and permit the use of
other or different devices if he finds that the purpose of the rule or
regulation will be observed by the variation and the safety of employees
will be equally secured thereby. Any person affected by such rule or
regulation, or his agent, may request the Secretary to grant such
variation, stating in writing the grounds on which his request is based.
Any authorization by the Secretary of a variation shall be in writing,
shall describe the conditions under which the variation shall be
permitted, and shall be published as provided in section 552 of title 5.
A properly indexed record of all variations shall be kept in the office
of the Secretary and open to public inspection.
(e) Jurisdiction to restrain violations
The United States district courts shall have jurisdiction for cause
shown, in any action brought by the Secretary, represented as provided
in section 921a of this title, to restrain violations of this section or
of any rule, regulation, or order of the Secretary adopted to carry out
the provisions of this section.
(f) Violations and penalties
Any employer who, willfully, violates or fails or refuses to comply
with the provisions of subsection (a) of this section, or with any
lawful rule, regulation, or order adopted to carry out the provisions of
this section, and any employer or other person who willfully interferes
with, hinders, or delays the Secretary or his authorized representative
in carrying out his duties under subsection (c) of this section by
refusing to admit the Secretary or his authorized representative to any
place, or to permit the inspection or examination of any employment or
place of employment, or who willfully hinders or delays the Secretary or
his authorized representative in the performance of his duties in the
enforcement of this section, shall be guilty of an offense, and, upon
conviction thereof, shall be punished for each offense by a fine of not
less than $100 nor more than $3,000; and in any case where such employer
is a corporation, the officer who willfully permits any such violation
to occur shall be guilty of an offense, and, upon conviction thereof,
shall be punished also for each offense by a fine of not less than $100
nor more than $3,000. The liability hereunder shall not affect any other
liability of the employer under this chapter.
(g) Inapplicability to certain employments
(1) The provisions of this section shall not apply in the case of
any employment relating to the operations for the exploration,
production, or transportation by pipeline of mineral resources upon the
navigable waters of the United States, nor under the authority of the
Act of August 7, 1953 (ch. 345, 67 Stat. 462) [43 U.S.C. 1331 et seq.],
nor in the case of any employment in connection with lands (except
filled in, made or reclaimed lands) beneath the navigable waters as
defined in the Act of May 22, 1953 (ch. 65, 67 Stat. 29) [43 U.S.C. 1301
et seq.], nor in the case of any employment for which compensation in
case of disability or death is provided for employees under the
authority of the Act of May 17, 1928 (ch. 612, 45 Stat. 600), as
amended, nor under the authority of the Act of August 16, 1941 (ch. 357,
55 Stat. 622), as amended [42 U.S.C. 1651 et seq.].
(2) The provisions of this section, with the exception of paragraph
(1) of subsection (b) of this section, shall not be applied under the
authority of subchapter I of chapter 81 of title 5.
(Mar. 4, 1927, ch. 509, Sec. 41, 44 Stat. 1444; Pub. L. 85-742, Sec. 1,
Aug. 23, 1958, 72 Stat. 835; Pub. L. 97-375, title I, Sec. 110(b), Dec.
21, 1982, 96 Stat. 1820.)
References in Text
Title 52 of the Revised Statutes, referred to in subsec. (a),
consisted of R.S. Secs. 4399 to 4500, which were classified to sections
170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361,
362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399
to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466,
467 to 482, and 489 to 498 of former Title 46, Shipping. For complete
classification of R.S. Secs. 4399 to 4500 to the Code, see Tables. A
majority of such sections of the Revised Statutes were repealed and
various provisions thereof were reenacted in Title 46, Shipping, by Pub.
L. 98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of
former Title 46 into revised Title 46, see Table at beginning of Title
46.
Act of June 15, 1917, referred to in subsec. (a), is act June 15,
1917, ch. 30, 40 Stat. 217, as amended. For complete classification of
this Act to the Code, see Tables.
Act of August 7, 1953, referred to in subsec. (g)(1), is known as
the Outer Continental Shelf Lands Act, and is classified to subchapter
III (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For
complete classification of this Act to the Code, see Short Title note
set out under section 1331 of Title 43 and Tables.
Act of May 22, 1953, referred to in subsec. (g)(1), is known as the
Submerged Lands Act, and is classified generally to subchapters I and II
(Secs. 1301 et seq., 1311 et seq.) of chapter 29 of Title 43. For
complete classification of this Act to the Code, see Short Title note
set out under section 1301 of Title 43 and Tables.
Act of May 17, 1928, referred to in subsec. (g)(1), extended the
applicability of this chapter in respect to the injury or death of an
employee of an employer carrying on any employment in the District of
Columbia.
Act of August 16, 1941, referred to in subsec. (g)(1), is known as
the Defense Base Act and is classified generally to chapter 11
(Sec. 1651 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 1651 of Title 42 and Tables.
Codification
In subsec. (d) ``section 552 of title 5'' substituted for ``section
3 of the Administrative Procedure Act (ch. 324, 60 Stat. 237), as
amended'', and in subsec. (g)(2) ``subchapter I of chapter 81 of title
5'' substituted for ``the Act of September 7, 1916 (ch. 458, 39 Stat.
742), as amended'', on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees. Said section 3 of the
Administrative Procedure Act had been classified to section 1002 of
former Title 5, Executive Departments and Government Officers and
Employees. Said act of Sept. 7, 1916, was known as the ``Federal
Employees' Compensation Act'' and had been classified to section 751 et
seq. of former Title 5.
As originally enacted, subsec. (e) contained the phrase ``, together
with the District Court for the Territory of Alaska,'' following ``the
United States district courts''. The phrase has been deleted as
superfluous in view of Pub. L. 85-508, July 7, 1958, 72 Stat. 339 (set
out as a note preceding section 21 of Title 48, Territories and Insular
Possessions) which admitted Alaska into the union and enacted section
81A of Title 28, Judiciary and Judicial Procedure, constituting Alaska
as one judicial district and in view of section 132 of Title 28 which
provides that: ``There shall be in each judicial district a district
court which shall be a court of record known as the United States
District Court for the district.''
Amendments
1982--Subsec. (b)(1). Pub. L. 97-375 struck out ``and from time to
time make to Congress such recommendations as he may deem proper as to
the best means of preventing such injuries'' after ``by this chapter''.
1958--Pub. L. 85-742 amended section generally and, among other
changes, empowered the Secretary of Labor to prescribe, by regulation or
order, safety rules for the furnishing and maintenance of safe places of
employment and for the installation, furnishing and maintenance of
safety devices and safeguards, authorized the Secretary to provide for
the establishment and supervision of safety programs, permitted the
inspection of places of employment and investigation of employment
conditions and practices, granted jurisdiction to the district courts to
restrain violations of this section or of any rules, regulations or
orders of the Secretary, and to prescribe penalties for violations.
``Secretary'' Defined
Section 2 of Pub. L. 85-742 provided that: ``The term `Secretary' as
used in this Act and in amendments made by this Act [to this section]
means the Secretary of Labor.''
Section Referred to in Other Sections
This section is referred to in title 5 section 7902; title 30
section 932.
