ORGANIC LAWS GOVERNING U.S. COAST GUARD 63 



(5) to hold such hearings, issue such orders, and make such deci- 

 sions, based upon findings of fact, as are deemed to be necessary to 

 enforce the provisions of this section, and for such purposes the Sec- 

 retary 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. 



Inspection of places and practices of employment 



(c) 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 enforce- 

 ment 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. 



Requests for advice; variations from safety rules and regulations 



(d) 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 Secre- 

 taj*y ^ 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 tlie purpose of the rule or 

 regulation will be observed by the variation and the safety of em- 

 ployees 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 1002 

 of title 5. A properly indexed record of all variations shall be kept 

 in the office of tlie Secretary ' and open to public inspection. 



Jurisdiction to restrain violations 



(e) The United States district courts, together with the District 

 Court for the Territory of Alaska, shall have jurisdiction for cause 

 shown, in any action brought by the Secretary^ represented as pro- 

 vided 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. 



Violations and penalties 



(f) 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 pro- 

 visions of this section, and any employer or other person who willfully 



^ Secretary of Labor. 



