business trusts, legal representatives, or any or- 

 ganized group of persons. 



(5) The term "employer" means a person en- 

 gaged in a business affecting commerce who has 

 employees, but does not include the United States 

 or any State or political subdivision of a State. 



(6) The term "employee" means an employee of 

 an employer who is employed in a business of his 

 employer which affects commerce. 



(7) The term "State" Includes a State of the 

 United States, the District of Columbia, Puerto 

 Rico, the Virgin Islands, American Samoa, Guam, 

 and the Trust Territory of the Pacific Islands. 



(8) The term "occupational safety and health 

 standard" means a standard which requires con- 

 ditions, or the adoption or use of one or more 

 practices, means, methods, operations, or proc- 

 esses, reasonably necessary or appropriate to 

 provide safe or healthful employment and places 

 of employment. 



(9) The term "national consensus standard" 

 means any occupational safety and health stand- 

 ard or modification thereof which (1) has been 

 adopted and promulgated by a nationally recog- 

 nized standards-producing organization under 

 procedures whereby it can be determined by the 

 Secretary that persons interested and affected by 

 the scope or provisions of the standard have 

 reached substantial agreement on its adoption, 

 (2) was formulated in a manner which afforded 

 an opportunity for diverse views to be considered 

 and (3) has been designated as such a standard 

 by the Secretary, after consultation with other 

 appropriate Federal agencies. 



(10) The term "established Federal standard" 

 means any operative occupational safety and 

 health standard established by any agency of the 

 United States and presently in effect, or contained 

 in any Act of Congress in force on December -29, 

 1970. 



( U ) The term "Committee" means the National 

 Advisory Committee on Occupational Safety and 

 Health established under this chapter. 



(12) The term "Director'' means the Director 

 of the National Institute for Occupational Safety 

 and Health. 



(13) The term "Institute" means the National 

 Institute for Occupational Safety and Health es- 

 tablished under this chapter. 



(14) The term "'Workmen's Compensation 

 Commission" means the National Commission on 

 State Workmen's Compensation Laws established 

 under this chapter. 



(Pub. L. 91-596. § 3. Dec. 29. 1970, 84 Stat. 1591.) 



§653. Geographic applicability; judicial enforcement; 

 applicability to existing standards; report to Con- 

 gress on duplication and coordination of Federal 

 laws; workmen's compensation law or common 

 law or statutory rights, duties, or liabilities of 

 employers and employees unaffected. 



(a) This chapter shall apply with respect to em- 

 ployment performed in a workplace in a State, the 

 District of Columbia, the Commonwealth of Puerto 



Rico, the Virgin Islands, American Samoa, Guam, 

 the Trust Territory of the Pacific Islands, Lake Is- 

 land, Outer Continental Shelf lands defined in the 

 Outer Continental Shelf Lands Act, Johnston Island, 

 and the Canal Zone. The Secretary of the Interior 

 shall, by regulation, provide for judicial enforce- 

 ment of this chapter by the courts established for 

 areas in which there are no United States district 

 courts having jurisdiction. 



(b)(1) Nothing in this chapter shall apply to 

 working conditions of employees with respect to 

 which other Federal agencies, and State agencies 

 acting under section 2021 of Title 42, exercise statu- 

 tory authority to prescribe or enforce standards or 

 regulations affecting occupational safety or health. 



(2) The safety and health standards promulgated 

 under the Act of June 30, 1936, commonly known as 

 the Walsh-Healey Act, the Service Contract Act of 

 1965, Public^aw 91-54, Act of August 9. 1969,-PubUc 

 Law 85-742, Act of August 23, 1958, and the National 

 Foundation on Arts and Humanities Act are super- 

 seded on the effective date of corresponding stand- 

 ards, promulgated under this chapter, which are 

 determined by the Secretary to be more effective. 

 Standards issued under the laws listed in this para- 

 graph and in effect on or after the effective date of 

 this chapter shall be deemed to be occupational 

 safety and health standards issued under this, as 

 well as under such other Acts. 



(3) The Secretary shall, within three years after 

 the effective date of this chapter, rep>ort to the Con- 

 gress his recommendations for legislation to avoid 

 unnecessary duplication and to achieve coordina- 

 tion between this chapter and other'Federal laws. 



(4) Nothing in this chapter shall be construed 

 to supersede or in any manner affect any workmen's 

 compensation law or to enlarge or diminish or affect 

 in any other manner the common law or statutory 

 rights, duties, or liabilities of employers and em- 

 ployees under any law with respect to injuries, dis- 

 eases, or death of employees arising out of, or in 

 the course of, employment. (Pub. L. 91-596, § 4. 

 Dec. 29. 1970, 84 Stat. 1592.) 



§ 654. Duties of employers and employees. 



(a) Each employer — 



(1) shall furnish to each of his employees em- 

 ployment and a place of employment which are 

 free from recognized hazards that are causing or 

 are likely to cause death or serious physical harm 

 to his employees; 



(2) shall comply with occupational safety and 

 health standards promulgated under this chapter. 



(b) Each employee shall comply with occupational 

 safety and health standards and all rules, regula- 

 tions, and orders issued pursuant to this chapter 

 which are applicable to his own actions and con- 

 duct. (Pub. L. 91-596, § 5, Dec. 29, 1970, 84 Stat. 

 1593.) 



§655. Standards. 



(a) Promulgation by Secretary of national consensus 

 standards and established Federal standards; time 

 for promulgation; conflicting standards. 



Without regard to chapter 5 of Title 5 or to the 



