2 USC 1341 - Rights and protections under Occupational Safety and Health Act of 1970; procedures for remedy of violations

U.S Code last checked for updates: Nov 22, 2024

§ 1341.

Rights and protections under Occupational Safety and Health Act of 1970; procedures for remedy of violations

(a)

Occupational safety and health protections

(1)

In general

(2)

Definitions

For purposes of the application under this section of the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.]—

(A)

the term “employer” as used in such Act means an employing office;

(B)

the term “employee” as used in such Act means a covered employee;

(C)

the term “employing office” includes the Government Accountability Office and any entity listed in subsection (a) of section 1331 of this title that is responsible for correcting a violation of this section, irrespective of whether the entity has an employment relationship with any covered employee in any employing office in which such a violation occurs; and

(D)

the term “employee” includes employees of the Government Accountability Office.

(b)

Remedy

(c)

Procedures

(1)

Requests for inspections

(2)

Citations, notices, and notifications

For purposes of this section, the General Counsel shall exercise the authorities granted to the Secretary of Labor in sections 9 and 10 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 658 and 659), to issue—

(A)

a citation or notice to any employing office responsible for correcting a violation of subsection (a); or

(B)

a notification to any employing office that the General Counsel believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction.

(3)

Hearings and review

(4)

Variance procedures

(5)

Judicial review

(6)

Compliance date

(d)

Regulations to implement section

(1)

In general

(2)

Agency regulations

(3)

Employing office responsible for correction

(e)

Periodic inspections; report to Congress

(1)

Periodic inspections

(2)

Report

On the basis of each periodic inspection, the General Counsel shall prepare and submit a report—

(A)

to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Office of the Architect of the Capitol or other employing office responsible for correcting the violation of this section uncovered by such inspection, and

(B)

containing the results of the periodic inspection, identifying the employing office responsible for correcting the violation of this section uncovered by such inspection, describing any steps necessary to correct any violation of this section, and assessing any risks to employee health and safety associated with any violation.

(3)

Action after report

(4)

Detailed personnel

(f)

Initial period for study and corrective action

(g)

Effective date

(1)

In general

(2)

Government Accountability Office and Library of Congress

(Pub. L. 104–1, title II, § 215, Jan. 23, 1995, 109 Stat. 16; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–437, title IV, § 422(b)(4), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 115–141, div. I, title I, § 153(a)(2)(D), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, § 308(b)(9), Dec. 21, 2018, 132 Stat. 5326.)

cite as: 2 USC 1341