(a)
(1)
(2)
(A) the term "employer" as used in such Act means an employing office; and
(B) the term "employee" as used in such Act means a covered employee.
(b)
(c)
(1)
(2)
(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 Secretary of Labor believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction.
(3)
(A) the citation and notification shall be deemed a final order (within the meaning of section 10(b) of the Occupational Safety and Health Act of 1970) if the employer fails to notify the Secretary of Labor within 15 days (excluding Saturdays, Sundays, and Federal holidays) after receipt of the notice that the employer intends to contest the citation or notification; or
(B) opportunity for a hearing before the Occupational Safety and Health Review Commission shall be afforded in accordance with section 10(c) of the Occupational Safety and Health Act of 1970, if the employer gives timely notice to the Secretary that he intends to contest the citation or notification.
(4)
(5)
(6)
(d)
(1)
(2)
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 19 of the Occupational Safety and Health Act of 1970 that applies to agencies or employees of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(3)
(e)
(1) the effective date of regulations issued under subsection (d); or
(2) October 1, 1998.
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsecs. (a) to (c)(4) and (d)(2)(B), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor. Sections 5, 6, 8 to 10, 13, and 19 of the Act are classified to sections 654, 655, 657 to 659, 662, and 668, respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Subsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.