§661 — Title 29 Labor | U.S. Code

Summary

Creates the Occupational Safety and Health Review Commission and explains how it works. The Commission has three members who the President appoints and the Senate must approve. The President picks one member to be Chairman. Members serve six-year terms, but at first the President will set one term at two years, one at four years, and one at six years. If someone leaves early, the replacement only serves the rest of that term. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. The main office is in the District of Columbia, but the Commission can hold hearings elsewhere to help the public or save time and money. The Chairman runs the agency’s day-to-day operations and hires administrative law judges (ALJs) and staff, setting pay under the civil service rules and following sections 3105, 3344, 5372, and 7521 of title 5 for ALJ assignment, removal, and pay. Two members make a quorum, and at least two votes are needed for official action. All official acts must be recorded and open to the public. The Commission can make rules; if it does not, proceedings follow the Federal Rules of Civil Procedure. The Commission can order depositions, compel testimony and documents like U.S. courts, and pay the same witness fees. Section 161 of this title applies to its jurisdiction and powers. An ALJ assigned a case by the Chairman decides it and files a report that becomes the Commission’s final order after thirty days unless a member asks for review. ALJs are in the classified civil service (except appointments without regard to section 5108 of title 5) and must be paid at least at the GS–16 level under section 5332 of title 5.

Title 29, §661

Labor — Source: USLM XML via OLRC

(a)The Occupational Safety and Health Review Commission is hereby established. The Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this chapter. The President shall designate one of the members of the Commission to serve as Chairman.

(b)The terms of members of the Commission shall be six years except that (1) the members of the Commission first taking office shall serve, as designated by the President at the time of appointment, one for a term of two years, one for a term of four years, and one for a term of six years, and (2) a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.

(c)

(d)The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems that the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place.

(e)The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission and shall appoint such administrative law judges and other employees as he deems necessary to assist in the performance of the Commission’s functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates: Provided, That assignment, removal and compensation of administrative law judges shall be in accordance with section 3105, 3344, 5372, and 7521 of title 5.

(f)For the purpose of carrying out its functions under this chapter, two members of the Commission shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members.

(g)Every official act of the Commission shall be entered of record, and its hearings and records shall be open to the public. The Commission is authorized to make such rules as are necessary for the orderly transaction of its proceedings. Unless the Commission has adopted a different rule, its proceedings shall be in accordance with the Federal Rules of Civil Procedure.

(h)The Commission may order testimony to be taken by deposition in any proceeding pending before it at any state of such proceeding. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission. Witnesses whose depositions are taken under this subsection, and the persons taking such depositions, shall be entitled to the same fees as are paid for like services in the courts of the United States.

(i)For the purpose of any proceeding before the Commission, the provisions of section 161 of this title are hereby made applicable to the jurisdiction and powers of the Commission.

(j)A11 So in original. Probably should be “An”. administrative law judge appointed by the Commission shall hear, and make a determination upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such administrative law judge by the Chairman of the Commission, and shall make a report of any such determination which constitutes his final disposition of the proceedings. The report of the administrative law judge shall become the final order of the Commission within thirty days after such report by the administrative law judge, unless within such period any Commission member has directed that such report shall be reviewed by the Commission.

(k)Except as otherwise provided in this chapter, the administrative law judges shall be subject to the laws governing employees in the classified civil service, except that appointments shall be made without regard to section 5108 of title 5. Each administrative law judge shall receive compensation at a rate not less than that prescribed for GS–16 under section 5332 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (e), is set out under section 5332 of Title 5, Government Organization and Employees. The Federal Rules of Civil Procedure, referred to in subsec. (g), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Codification Subsec. (c) of this section amended section 5314 and 5315 of Title 5, Government Organization and Employees. In subsec. (e), reference to section 5372 of title 5 was substituted for section 5362 on authority of Pub. L. 95–454, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375.

Amendments

1978—Subsecs. (e), (j), (k). Pub. L. 95–251 substituted “administrative law judge” and “administrative law judges” for “hearing examiner” and “hearing examiners”, respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§661 Occupational Safety and Health Review Commission