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

Summary

Employing offices and covered employees must follow section 5 of the Occupational Safety and Health Act of 1970. For that law, the word "employer" means an employing office and the word "employee" means a covered employee. If a rule is broken, the fix is an order to correct the problem, like an order under section 13(a) of that Act. Any employing office or covered employee can ask the Secretary of Labor in writing to inspect workplaces under section 8(a), (d), (e), and (f). The Secretary can issue citations or notices under sections 9 and 10 to the office that must fix a violation, or can notify an office that it failed to correct a violation. If the office does not tell the Secretary within 15 days (excluding Saturdays, Sundays, and Federal holidays) that it will contest the citation, the citation and notification become a final order. If the office timely contests, it may get a hearing before the Occupational Safety and Health Review Commission under section 10(c). An employing office may request a variance under sections 6(b)(6) and 6(d). Anyone unhappy with a final decision by the Review Commission or the Secretary may petition the U.S. Court of Appeals for the Federal Circuit under section 1296 of title 28. If new appropriated funds are needed, correction must happen as soon as possible but no later than the end of the fiscal year after the fiscal year in which the citation was issued or the order became final. The President, or a designee, must issue rules to carry out these requirements. Those rules should match the Secretary of Labor’s substantive rules, unless changed for good cause, and the President may use rules under section 19 of the Act for executive-branch employees if they are equally effective and promote uniformity. The President’s rules must also show which employing office is responsible for fixing each kind of violation. Subsections (a) through (c) take effect on the earlier of the effective date of those regulations or October 1, 1998.