§8453 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must keep checking whether any ban in this chapter causes job losses or shifts. The Secretary may investigate threatened plant closures or cuts when needed. The results of these checks and any investigations must be made public. If an employee who was fired, laid off, threatened, or treated unfairly because of a ban asks in writing, the Secretary must investigate. If asked, the Secretary must hold public hearings after at least 30 days' notice and require employers and others to present facts and reasons. Afterward the Secretary will issue public findings and recommendations. The Secretary of Labor will take part. The Secretary may not change or remove any ban.

Title 42, §8453

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall conduct continuing evaluations of potential loss or shifts of employment which may result from any prohibition under this chapter, including, if appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such prohibition. The results of such evaluations and each investigation shall promptly be made available to the public.

(b)On a written request filed with the Secretary by or on behalf of any employee who is discharged or laid off, threatened with discharge or layoff, or otherwise discriminated against, by any person because of the alleged effects of any such prohibition, the Secretary shall investigate the matter and, at the request of any party, shall hold public hearings, after not less than 30 days notice, at which the Secretary shall require the parties, including any employer involved, to present information on the actual or potential effect of such prohibition on employment and on any alleged employee discharge, layoff, or other discrimination relating to prohibitions and the detailed reasons or justification therefor. At the completion of such investigation, the Secretary shall make findings of fact as to the effect of such prohibition on employment and on the alleged employee discharge, layoff, or discrimination and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public. The Secretary of Labor shall participate in each such investigation.

(c)Nothing in this section shall be construed to require or authorize the Secretary to modify or withdraw any prohibition under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

§8453 Impact on employees