42 U.S.C. § 8453: Impact on employees

Summary

The Secretary must keep checking for job losses or shifts that might happen because of any ban in this law. If needed, the Secretary may look into threatened plant shutdowns or job cuts. The results of these checks and any investigations must be made public quickly. If a written request is filed by or for an employee who was fired, laid off, threatened with firing or layoff, or treated unfairly because of the alleged effects of a ban, the Secretary must investigate. At a party’s request the Secretary must hold public hearings with at least 30 days’ notice and require employers and others to give information about the ban’s actual or possible effects and the reasons for any adverse actions. After the investigation the Secretary will publish findings and recommendations, with the Secretary of Labor taking part. Nothing here lets the Secretary change or remove any ban.

Title 42, §8453

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

(a)Evaluation

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)Investigation and hearings

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)Rule of construction

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