51 



654 Duties of employers and employees 

 655. Standards 



(a) Promulgation by Secretary of national con- 



sensus standards and established Federal 

 standards, time for promulgation: confllct- 

 ing standards. 



(b) Procedure for promulgation, modification, or 



revccaticn of standards. . 



(c) Emergency temporary standards 



(dl Variances from standards: procedure, 

 (e) Statement of reasons for Secretary's deter- 

 minations: publication In Federal Register. 

 if) Judicial review. 



Ig) Priority for establishment of standards. 

 656 Administration. 



la) National Advisory Committee on Occupational 

 Safety and Health, establishment; mem- 

 bership, appointment; Chairman; functions: 

 meetings; compensation; secretarial and 

 clerical personnel, 

 (b) Advisory committees; appointment: duties; 

 membership: compensation; reimbursement 

 to member's employer; meetings: availabil- 

 ity of records: conflict of Interest, 

 (c) Use of services, facilities, and personnel of 

 Federal. State, and local agencies; reim- 

 bursement: employment of experts and con- 

 sultants or organizations; renewal of con- 

 tracts; compensation; travel expenses. 



§651. Congressional statement of findings and decla- 

 ration of purpose and policy. 



The Congress finds that personal injuries and Ill- 

 nesses arising out of work situations Impose a sub- 

 srtantlal burden upon, and are a hindrance to, inter- 

 state commerce In terms of lost production, wage 

 loss, medical expenses, and disability compensation 

 payments. 



The Congress declares it to be its purpose and 

 policy, through the exercise of its powers to regulate 

 commerce among the several States and with foreign 

 nations and to provide for the general welfare, to 

 assure so far as possible every working man and 

 woman In the Nation safe and healthful working 

 conditions and to preserve our human resources — 



(1) by encouraging employers and employees in 

 their efforts to reduce the number of occupational 

 safety and health hazards at their places of em- 

 ployment, and to stimulate employers and em- 

 ployees to Institute new and to perfect existing pro- 

 grams for providing safe and healthiul working 

 conditions; 



(2) by providing that employers and employees 

 have separate but dependent responsibilities and 

 rights with respect to achieving safe and health- 

 ful working conditions; 



(3) by authorizing the Secretary of Labor to 

 set mandatory occupational safety and health 

 standards applicable to businesses affecting inter- 

 state commerce, and by creating an Occupational 

 Safety and Health Review Commission for carry- 

 ing out adjudicatory functions under this chapter; 



(4) by building upon advances already made 

 through employer and employee initiative for pro- 

 viding safe and healthful working conditions; 



(5) by providing for research in the field of 

 occupational safety and health, including the psy- 



chological factors involved, and by developing in- 

 novative methods, techniques, and approaches for 

 dealing with occupational sEifety and health 

 problems; 



(6) by exploring ways to discover latent dis- 

 eases, establishing causal connections between dis- 

 eases and work in environmental conditions, and 

 conducting other research relating to health prob- 

 lems, in recognition of the fact that occupational 

 health standards present problems often different 

 from those involved in occupational safety; 



(7) by providing medical criteria which will 

 assure insofar as particable that no employee will 

 suffer diminished. health, functional capacity, or 

 life expectancy as a result of his work experience; 



(8) by providing for training programs to In- 

 crease the number and competence of person- 

 nel engaged In the field of occupational safety and 

 health; 



(9) by providing for the development and pro- 

 mulgation of occupational safety and health 

 standards; 



(10) by providing an effective enforcement 

 program which shall include a prohibition against 

 giving advance notice of any inspection and sanc- 

 tions for any individual violating this prohibition; 



(11) by encouraging the States to assume the 

 fullest resE)onsibility for the administration and 

 enforcement of their occupational safety and 

 health laws by providing grants to the States to 

 assist in identifying their needs and responsibil- 

 ities in the area of occupational safety and health, 

 to develop plans in accordance with the provisions 

 of this chapter, to Improve the administration and 

 enforcement of State occupational safety and 

 health laws, and to conduct experimental and 

 demonstration projects in connection therewith; 



(12) by providing for appropriate reporting 

 procedures with respect to occupational safety 

 and health which procedures will help achieve 



•the objectives of this chapter and accurately de- 

 scribe the nature of the occupational safety and 

 health problem; 



(13) by encouraging joint labor-management 

 efforts to reduce injuries and disease arising out 

 of employment. 



(Pub. L. 91-596, ! 2, Dec. 29, 1970, 84 Stat. 1590) 



§652, Deflnitions, 

 For the purposes of this chapter— 



(1) The term "Secretary" mean the Secretary 

 of Labor, 



(2) The term "Commission" means the Occu- 

 pational Safety and Health Review Commission 

 established under this chapter. 



(3) The term "commerce" means trade, traJBc, 

 commerce, transportation, or communication 

 among the several States, or between a State 

 and any place outside thereof, or within the Dis- 

 trict of Columbia, or a possession of the United 

 States (other than the Tnist Territory of the 

 Pacific Islands), or between points in the same 

 State but through a point outside thereof. 



(4) The term "person" means one or more in- 

 dividuals, partnerships, associations, corporations. 



84-049 O - 77 . 



