29 USC 671a - Workers’ family protection

U.S Code last checked for updates: Oct 17, 2024

§ 671a.

Workers’ family protection

(a)

Short title

(b)

Findings and purpose

(1)

Findings

Congress finds that—

(A)

hazardous chemicals and substances that can threaten the health and safety of workers are being transported out of industries on workers’ clothing and persons;

(B)

these chemicals and substances have the potential to pose an additional threat to the health and welfare of workers and their families;

(C)

additional information is needed concerning issues related to employee transported contaminant releases; and

(D)

additional regulations may be needed to prevent future releases of this type.

(2)

Purpose

It is the purpose of this section to—

(A)

increase understanding and awareness concerning the extent and possible health impacts of the problems and incidents described in paragraph (1);

(B)

prevent or mitigate future incidents of home contamination that could adversely affect the health and safety of workers and their families;

(C)

clarify regulatory authority for preventing and responding to such incidents; and

(D)

assist workers in redressing and responding to such incidents when they occur.

(c)

Evaluation of employee transported contaminant releases

(1)

Study

(A)

In general

(B)

Matters to be evaluated

In conducting the study and evaluation under subparagraph (A), the Director shall—

(i)

conduct a review of past incidents of home contamination through the utilization of literature and of records concerning past investigations and enforcement actions undertaken by—

(I)

the National Institute for Occupational Safety and Health;

(II)

the Secretary of Labor to enforce the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);

(III)

States to enforce occupational safety and health standards in accordance with section 18 of such Act (29 U.S.C. 667); and

(IV)

other government agencies (including the Department of Energy and the Environmental Protection Agency), as the Director may determine to be appropriate;

(ii)

evaluate current statutory, regulatory, and voluntary industrial hygiene or other measures used by small, medium and large employers to prevent or remediate home contamination;

(iii)

compile a summary of the existing research and case histories conducted on incidents of employee transported contaminant releases, including—

(I)

the effectiveness of workplace housekeeping practices and personal protective equipment in preventing such incidents;

(II)

the health effects, if any, of the resulting exposure on workers and their families;

(III)

the effectiveness of normal house cleaning and laundry procedures for removing hazardous materials and agents from workers’ homes and personal clothing;

(IV)

indoor air quality, as the research concerning such pertains to the fate of chemicals transported from a workplace into the home environment; and

(V)

methods for differentiating exposure health effects and relative risks associated with specific agents from other sources of exposure inside and outside the home;

(iv)

identify the role of Federal and State agencies in responding to incidents of home contamination;

(v)

prepare and submit to the Task Force established under paragraph (2) and to the appropriate committees of Congress, a report concerning the results of the matters studied or evaluated under clauses (i) through (iv); and

(vi)

study home contamination incidents and issues and worker and family protection policies and practices related to the special circumstances of firefighters and prepare and submit to the appropriate committees of Congress a report concerning the findings with respect to such study.

(2)

Development of investigative strategy

(A)

Task Force

Not later than 12 months after October 26, 1992, the Director shall establish a working group, to be known as the “Workers’ Family Protection Task Force”. The Task Force shall—

(i)

be composed of not more than 15 individuals to be appointed by the Director from among individuals who are representative of workers, industry, scientists, industrial hygienists, the National Research Council, and government agencies, except that not more than one such individual shall be from each appropriate government agency and the number of individuals appointed to represent industry and workers shall be equal in number;

(ii)

review the report submitted under paragraph (1)(B)(v);

(iii)

determine, with respect to such report, the additional data needs, if any, and the need for additional evaluation of the scientific issues related to and the feasibility of developing such additional data; and

(iv)

if additional data are determined by the Task Force to be needed, develop a recommended investigative strategy for use in obtaining such information.

(B)

Investigative strategy

(i)

Content

(ii)

Peer review

(iii)

Final strategy

(C)

Construction

(3)

Implementation of investigative strategy

(d)

Regulations

(1)

In general

Not later than 4 years after October 26, 1992, and periodically thereafter, the Secretary of Labor, based on the information developed under subsection (c) and on other information available to the Secretary, shall—

(A)

determine if additional education about, emphasis on, or enforcement of existing regulations or standards is needed and will be sufficient, or if additional regulations or standards are needed with regard to employee transported releases of hazardous materials; and

(B)

prepare and submit to the appropriate committees of Congress a report concerning the result of such determination.

(2)

Additional regulations or standards

(e)

Authorization of appropriations

(Pub. L. 102–522, title II, § 209, Oct. 26, 1992, 106 Stat. 3420.)

cite as: 29 USC 671a