55 



mines on the record, after opportunity for an In- 

 spection where appropriate and a heaxing, that the 

 proponent of the variance has demonstrated by a 

 preponderance of the evidence that the conditions, 

 practices, means, methods, operations, or processes 

 used or proposed to be used by an employer will pro- 

 vide employment and places of employment to his 

 employees which axe as safe and healthful as those 

 which would prevail if he complied with the stand- 

 ard. The rule or order so issued shall prescribe the 

 conditions the employer must maintain, and the 

 practices, means, methods, operations, and processes 

 which he must adopt and utilize to the extent they 

 differ from the standard in question. Such a rule 

 or order may be modified or revoked upon applica- 

 tion by an employer, employees, or by the Secreta-" 

 on his own motion, in the manner prescribed lor 

 its issuance under this subsection at any time after 

 six months from Its Issuance. 



(e) Statement of reasona for Secretary's determina- 

 tions; publication in Federal Register. 



Whenever the Secretary promulgates any stand- 

 ard, makes any rule, order, or decision, grants any 

 exemption or extension of time, or compromises, 

 mitigates, or settles any penalty assessed under this 

 chapter, he shall include a statement of the reasons 

 for such action, which shall be published in the 

 Federal Register. 



(f) Judicial review. 



Any person who may be adversely affected by a 

 standard issued under this section may at any time 

 prior to the sixtieth day after such standard Is 

 promulgated file a petition challenging the validity 

 of such standard with the United States court of 

 appeals for the circuit wherein such person resides 

 or has his principal place of business, for a Judicial 

 review of such standard. A copy of the petition shall 

 be forthwith transmitted by the cleric of the court 

 to the Secretary. The filing of such petition shall 

 not, unless otherwise ordered by the court, .operate 

 as a stay of the standard. The determinations of 

 the Secretary shall be conclusive if supported by 

 substantial evidence In the record considered as a 

 whole. 



(g) Priority for establishment of standards. 



In determining the priority for establishing stand- 

 ards under this section, the Secretary shall give due 

 regard to the urgency of the need for mandatory 

 safety and health standards for particular indus- 

 tries, trades, crafts, occupations, businesses, work- 

 places or work environments. The Secretary shall 

 also give due regard to the recommendations of the 

 Secretary of Health, Education, and Welfare re- 

 garding the need for mandatory standards in deter- 

 mining the priority for establishing such standards. 

 (Pub. L. 91-596, § 6. Dec. 29, 1970, 84 Stat. 1593.) 



§656. Administration. 



(a) National Advisory Committee on Occupational 



Safety and Health; establishment; membership; 



appointment; Chairman; functions; meetings; 



compensation; secretarial and clerical personnel. 

 (1) There is hereby established a National Ad- 

 visory Committee on Occupational Safety and 



Health consisting of twelve members appointed by 

 the Secretary, four of whom are to be designated by 

 the Secretary of Health, Education, and Welfare, 

 without regard to the provisions of Title 5 governing 

 appointments in the competitive service, and com- 

 posed of representatives of management, labor, 

 occupational safety and occupational health profes- 

 sions, and of the public. The Secretary shall des- 

 ignate one of the public members as Chairman. 

 The members shall be selected upon the basis of 

 their experience and competence in the field of oc- 

 cupational safety and health. 



(2) The Committee shall advise, consult with, and 

 make recommendations to the Secretary and the 

 Secretary of Health, Education, and Welfare on 

 matters relating to the administration of this chap- 

 ter. The Committee shall hold no fewer than two 

 meetings during each calendar year. All meetings 

 of the Committee shall be open to the public and a 

 transcript shall be kept and made avaUable for pub- 

 lic Inspection. 



(3) The members of the Committee shall be com- 

 pensated in accordance with the provisions of sec- 

 tion 3109 of Title 6. 



(4) The Secretary shall furnish to the Committee 

 an executive secretary and such secretarial, clerical, 

 and other services as are deemed necessary to the 

 conduct of its business. 



(b) Advisory committees; appointment; duties; mem- 

 bership; compensation; reimbursement to mem- 

 ber's employer; meetings; availability of records; 

 conflict of interest. 

 An advisory committee may be appointed by the 

 Secretary to assist him In his standard-setting func- 

 tions under section 655 of this title. Each such com- 

 mittee shall consist of not more than fifteen mem- 

 bers and shall include as a member one or more 

 designees of the Secretary of Health, Education, 

 and Welfare, and shsUl Include among its members 

 an equal number of persons qualified by experience 

 and afBliatlon to present the viewpoint of the em- 

 ployers Involved, ejid of persons similarly qualified 

 to present the viewpoint of the workers involved, 



as well as one or more representatives of health and 

 safety agencies of the States. An advisory committee 

 may also Include such other persons as the Secretary 

 may appoint who are qualified by knowledge and 

 experience to make a useful contribution to the work 

 of such committee, including one or more represen- 

 tatives of professional organizations of tecliniclans 

 or professionals specializing in occupational safety 

 or health, and one or more representatives of na- 

 tionally recognized standards-producing organiza- 

 tions, but the number of persons so appointed to any 

 such advisory committee shall not exceed the num- 

 ber appointed to such committee as representatives 

 of Federal and State agencies. Persons appointed 

 to advisory committees from private life shall be 

 compensated in the same manner as consultants or 

 experts under section 3109 of Title 5. The Secretary 

 shall pay to any State which is the employer of a 

 member of such a committee who is a representative 

 of the health or safety agency of that State, reim- 

 bursement sufficient to cover the actual cost to the 

 State resulting from such representative's member- 

 ship on such committee. Any meeting of such com- 



