Title 22, Business Regulation

As head of the Department, the Director: (a) Shall administer the Department; (b) Shall exercise and discharge the powers and duties of the Department through such divisions or other organizational units as he may establish pursuant to this Chapter or as otherwise provided by law…

Notwithstanding any other provision of law, all information, statistics, or data obtained pursuant to a request by the Government, and submitted voluntarily by individuals, organizations, companies or other private entities, and not otherwise compelled by any law, rule or regulat…

Advance Notice, Record Keeping and Other Requirements. (a) In order to carry out the purposes of this Title, the Director, or his authorized representative upon presenting appropriate credentials to the owner, operator, or agent in charge is authorized: (1) To enter without delay…

Immunities. (a) The Director or his authorized representative may administer oaths, hear testimony, take or cause to be taken the depositions of witnesses, and require, by subpoenas, the attendance and testimony of witnesses and the production of all books, records and other evid…

Inspections. The owner, operator, manager, or lessee of any place affected by this Chapter or his agent, superintendent, subordinate or employee, and any person employing or directing any labor affected by such Chapter, shall, when requested by the Director or his authorized repr…

All information reported to or otherwise obtained by the Director or his authorized representative in connection with any inspection or proceeding under this Title which contains or which might reveal a trade secret shall be considered confidential except that such information ma…

This Act shall not affect actions or proceedings brought by or against any department, officer or other agency, the functions, powers and duties of which have been transferred by this Act, and pending on the effective date of this Act, but such actions or proceedings may be prose…

Within one (1) month after any employer directly or indirectly commences business or begins to occupy or control a factory, workshop, warehouse, garage, store, office, or any other place of employment, he shall notify the Department in writing of such commencement, occupancy or c…

Agreements. In the performance of his functions, the Director is authorized: (a) To appoint such advisory committees as he may determine to be necessary for the effective performance of his functions; (b) To use the services, personnel, and facilities of other public or private a…

The Governor or his designated agent may investigate and mediate labor-management disputes whenever in the Governor’s judgment the interests of industrial peace require it to be done. In pursuance of this function, the Governor may designate as his agent the Director or any other…

(a) It shall be unlawful for any employer to hinder the Director or his authorized representative in the performance of his functions, powers, duties or to otherwise violate any provision of this Title, any regulation or standard prescribed or adopted pursuant to this Title. (b) …

The Director shall cause a seal of office to be made for the Department, of such design as the Governor shall approve, and judicial notice shall be taken thereof. SOURCE: GC § 48065.

If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. SOURCE: GC § 4806…

The Department of Labor may adopt rules and regulations consistent with the Guam Administrative Adjudication Law, and the laws of the United States and Guam as may be necessary to ensure the effectiveness of the provisions of this Act. SOURCE: Added by P.L. 32-110:3 (Feb. 10, 201…

This Chapter may be cited as the Occupational Safety and Health Act of Guam. SOURCE: GC 48200.

The government of Guam hereby acknowledges that the provisions of the Act of Congress of December 29, 1970, as now in effect or as hereafter amended, referred to as the Williams- Steiger Occupational Safety and Health Act of 1970 (P.L. 91-596) are applicable to Guam and declares …

(a) Person. means one or more individual, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons. (b) Employer means a person engaged in a business who has employees, and includes Guam or any political subdivision there…

(a) Each employer (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with Occupational Safety and Health S…

Health. The Department is hereby designated as the agency of Guam responsible for developing and administering a plan in accordance with the provisions of §18(c) of said Act, and in accordance with any rules, regulations, standards, or guidelines relating to such plans promulgate…

Safety and Health. (a) The Department is hereby vested with the authority to make, update, publish, and enforce, for the purpose of the §18(b) plan, Occupational Safety and Health Standards for Guam which meet the indices of equal effectiveness as published by the United States D…

(a) The Director shall provide for emergency temporary standards to take immediate effect, upon publication, if he determines (a) That employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and…

(a) Any employer may apply to the Director for a temporary order granting a variance from a standard or any provision thereof promulgated under § 1206. Such temporary order shall be granted only if the employer files an application which meets the requirements of clause (b) hereo…

Any affected employer may apply to the Director for a rule or order for a variance from a standard promulgated under this section. (a) Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. (b) The Director shall issue su…

Any standard promulgated under § 1206 shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditi…

There is hereby granted to the Director the authority to adopt, to prescribe, to publish and to enforce any such rules, regulations, or procedures as he may deem necessary to carry out his responsibility under this Act. The Director may bring an action in court to enforce any of …

(a) There is hereby established within the Department a division of Occupational Safety and Health whose function it shall be to investigate and inquire into the causes of injuries or sickness and to assist in the preparation of such occupational safety and health standards as ar…

On the effective date of this Act, the Agency for Human Resources Development shall cease to exist as a department of the executive branch of the government of Guam. The Agency shall be absorbed into the Guam Department of Labor as a division of that Department, and is hereby ren…

(a) There is hereby established within the Department of Labor of the government of Guam what is known as the Division of Workforce Development and Training. (b) The Division of Workforce Development and Training will be responsible for the coordination of manpower needs, assessm…

The following words and phrases, when used in this Article, shall have the following meanings: (a) Division means the Guam Department of Labor Division of Workforce Development and Training; (b) Director means the Director of the Guam Department of Labor; (c) Employees means empl…

(a) The Director may develop and adopt rules and regulations to ensure that the administration of federal and/or local programs comply with standards set by the federal and/or local government as a condition of receipt of federal and/or local funds, and local policies and laws, i…

As a result of the merger of departments, all classified employees shall retain their job title, pay grade, seniority and step at the time of transfer. The Director may transfer persons in redundant or unnecessary positions to other divisions contingent on funding availability.

The rules adopted by the Director of the Department of Administration, subject to criteria established by Chapter 4 of Title 4 GCA governing the selection, promotion, performance evaluation, demotion, suspension, and other disciplinary action, shall be applicable to employees of …

(a) On the effective date of this Act, all working capital, accounts payable and receivable, and all books, records, applications, assets, liabilities, agreements, privileges and employees of the Agency for Human Resources Development presently existing pursuant to Public Law 17-…

The Director of Labor is authorized to administer federal and local programs pursuant to the Workforce Investment Act of 1998, and the newly authorized Workforce Innovation and Opportunity Act (WIOA) signed into law on July 22, 2014, and the provisions of those Acts which took ef…

The Guam Workforce Investment Board shall have the same authority and functions with respect to programs administered pursuant to this Article, as that provided in the Workforce Investment Act, Public Law Number 105-220, and the Workforce Innovations and Opportunity Act of 2014.

Reorganization). The enactment of this Article 3 constitutes approval of the reorganization of AHRD and DOL as specified in this Act, pursuant to 5 GCA Chapter 11 (Government Reorganization).

If any of the provisions of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and to this end t…