U.S Code last checked for updates: Nov 22, 2024
§ 670.
Training and employee education
(a)
Authority of Secretary of Health and Human Services to conduct education and informational programs; consultations
(b)
Authority of Secretary of Labor to conduct short-term training of personnel
(c)
Authority of Secretary of Labor to establish and supervise education and training programs and consult and advise interested parties
(d)
Compliance assistance program
(1)
The Secretary shall establish and support cooperative agreements with the States under which employers subject to this chapter may consult with State personnel with respect to—
(A)
the application of occupational safety and health requirements under this chapter or under State plans approved under section 667 of this title; and
(B)
voluntary efforts that employers may undertake to establish and maintain safe and healthful employment and places of employment.
Such agreements may provide, as a condition of receiving funds under such agreements, for contributions by States towards meeting the costs of such agreements.
(2)
Pursuant to such agreements the State shall provide on-site consultation at the employer’s worksite to employers who request such assistance. The State may also provide other education and training programs for employers and employees in the State. The State shall ensure that on-site consultations conducted pursuant to such agreements include provision for the participation by employees.
(3)
Activities under this subsection shall be conducted independently of any enforcement activity. If an employer fails to take immediate action to eliminate employee exposure to an imminent danger identified in a consultation or fails to correct a serious hazard so identified within a reasonable time, a report shall be made to the appropriate enforcement authority for such action as is appropriate.
(4)
The Secretary shall, by regulation after notice and opportunity for comment, establish rules under which an employer—
(A)
which requests and undergoes an on-site consultative visit provided under this subsection;
(B)
which corrects the hazards that have been identified during the visit within the time frames established by the State and agrees to request a subsequent consultative visit if major changes in working conditions or work processes occur which introduce new hazards in the workplace; and
(C)
which is implementing procedures for regularly identifying and preventing hazards regulated under this chapter and maintains appropriate involvement of, and training for, management and non-management employees in achieving safe and healthful working conditions,
may be exempt from an inspection (except an inspection requested under section 657(f) of this title or an inspection to determine the cause of a workplace accident which resulted in the death of one or more employees or hospitalization for three or more employees) for a period of 1 year from the closing of the consultative visit.
(5)
A State shall provide worksite consultations under paragraph (2) at the request of an employer. Priority in scheduling such consultations shall be assigned to requests from small businesses which are in higher hazard industries or have the most hazardous conditions at issue in the request.
(Pub. L. 91–596, § 21, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105–197, § 2, July 16, 1998, 112 Stat. 638.)
cite as: 29 USC 670