29 U.S.C. § 652: Definitions

Summary

Defines key words used in the chapter. It names terms like Secretary (the Secretary of Labor); Commission (the Occupational Safety and Health Review Commission); commerce (trade, transport, or communication across state lines, between a state and places outside it, in the District of Columbia, or in U.S. possessions except the Trust Territory of the Pacific Islands, and trips inside a state that go through another state); person (an individual or an organized group such as partnerships, corporations, trusts, or legal representatives); employer (a business that affects commerce and has employees, but not the United States—this exclusion does not apply to the United States Postal Service—or state and local governments); employee (a worker in such a business); State (states, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands); occupational safety and health standard (a rule that requires conditions or practices needed to keep work and workplaces safe); national consensus standard (a safety standard made by a recognized national group that got broad agreement, allowed different views, and was approved by the Secretary after consulting other federal agencies); established Federal standard (a federal safety rule now in effect or one in any Act of Congress in force on December 29, 1970); Committee (the National Advisory Committee on Occupational Safety and Health); Director (the Director of the National Institute for Occupational Safety and Health); Institute (the National Institute for Occupational Safety and Health); and Workmen’s Compensation Commission (the National Commission on State Workmen’s Compensation Laws).

Title 29, §652

Labor, Source: USLM XML via OLRC

For the purposes of this chapter—

(1)The term “Secretary” mean the Secretary of Labor.

(2)The term “Commission” means the Occupational Safety and Health Review Commission established under this chapter.

(3)The term “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof.

(4)The term “person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.

(5)The term “employer” means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State.

(6)The term “employee” means an employee of an employer who is employed in a business of his employer which affects commerce.

(7)The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.

(8)The term “occupational safety and health standard” means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

(9)The term “national consensus standard” means any occupational safety and health standard or modification thereof which (1), has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered and (3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies.

(10)The term “established Federal standard” means any operative occupational safety and health standard established by any agency of the United States and presently in effect, or contained in any Act of Congress in force on December 29, 1970.

(11)The term “Committee” means the National Advisory Committee on Occupational Safety and Health established under this chapter.

(12)The term “Director” means the Director of the National Institute for Occupational Safety and Health.

(13)The term “Institute” means the National Institute for Occupational Safety and Health established under this chapter.

(14)The term “Workmen’s Compensation Commission” means the National Commission on State Workmen’s Compensation Laws established under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Par. (5). Pub. L. 105–241 inserted “(not including the United States Postal Service)” after “the United States”.

Statutory Notes and Related Subsidiaries

Termination of Advisory CommitteesAdvisory committees in existence on

January 5, 1973, to terminate not later than the expiration of the 2-year period following

January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§652 Definitions