§ 1341. Rights and protections under Occupational Safety and Health Act of 1970; procedures for remedy of violations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title II § 215 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1341

   Pub. L. 104–1, title II, § 215, Jan. 23, 1995, 109 Stat. 16

   Source evidence

   Code source credit
   Pub. L. 104–1, title II, § 215, Jan. 23, 1995, 109 Stat. 16

   Enacted provision · exact public law section
   SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL, SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR REMEDY OF VIOLATIONS. (a) Occupational Safety and Health Protections.— (1) In general.— Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654). (2) Definitions.— For purposes of the application under this section of the Occupational Safety and Health Act of 1970— (A) the term “employer” as used in such Act means an employing office; (B) the term “employee” as used in such Act means a covered employee; (C) the term “employing office” includes the General Accounting Office, the Library of Congress, and any entity listed in subsection (a) of section 210 that is responsible for correcting a violation of this section, irrespective of whether the entity has an employment relationship with any covered employee in any employing office in which such a violation occurs; and (D) the term “employee” includes employees of the General Accounting Office and the Library of Congress. (b) Remedy.— The remedy for a violation of subsection (a) shall be an order to correct the violation, including such order as would be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662(a)). (c) Procedures.— (1) Requests for inspections.— Upon written request of any employing office or covered employee, the General Counsel shall exercise the authorities granted to the Secretary of Labor by subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657 (a), (d), (e), and (f)) to inspect and investigate places of employment under the jurisdiction of employing offices. (2) Citations, notices, and notifications.— For purposes of this section, the (General Counsel shall exercise the authorities granted to the Secretary of Labor in sections 9 and 10 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 658 and 659), to issue— (A) a citation or notice to any employing office responsible for correcting a violation of subsection (a); or (B) a notification to any employing office that the General Counsel believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction. (3) Hearings and review.— If after issuing a citation or notification, the General Counsel determines that a violation has not been corrected, the General Counsel may file a complaint with the Office against the employing office named in the citation or notification. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 405, subject to review by the Board pursuant to section 406. (4) Variance procedures.— An employing office may request from the Board an order granting a variance from a standard made applicable by this section. For the purposes of this section, the Board shall exercise the authorities granted to the Secretary of Labor in sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on any employing office’s request for a variance. The Board shall refer the matter to a hearing officer pursuant to subsections (b) through (h) of section 405, subject to review by the Board pursuant to section 406. (5) Judicial review.— The General Counsel or employing office aggrieved by a final decision of the Board under paragraph (3) or (4), may file a petition for review with the United States Court of Appeals for the Federal Circuit pursuant to section 407. (6) Compliance date.— If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation is issued, or to comply with an order requiring correction of such a violation, correction or compliance shall take place as soon as possible, but not later than the end of the fiscal year following the fiscal year in which the citation is issued or the order requiring correction becomes final and not subject to further review. (d) Regulations To Implement Section.— (1) In general.— The Board shall, pursuant to section 304, issue regulations to implement this section. (2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (3) Employing office responsible for correction.— The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for different categories of violations of subsection (a), the employing office responsible for correction of a particular violation. (e) Periodic Inspections; Report to Congress.— (1) Periodic inspections.— On a regular basis, and at least once each Congress, the General Counsel, exercising the same authorities of the Secretary of Labor as under subsection (c)(1), shall conduct periodic inspections of all facilities of the House of Representatives, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Compliance, the Office of Technology Assessment, the Library of Congress, and the General Accounting Office to report on compliance with subsection (a). (2) Report.— On the basis of each periodic inspection, the General Counsel shall prepare and submit a report— (A) to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Office of the Architect of the Capitol or other employing office responsible for correcting the violation of this section uncovered by such inspection, and (B) containing the results of the periodic inspection, identifying the employing office responsible for correcting the violation of this section uncovered by such inspection, describing any steps necessary to correct any violation of this section, and assessing any risks to employee health and safety associated with any violation. (3) Action after report.— If a report identifies any violation of this section, the General Counsel shall issue a citation or notice in accordance with subsection (c)(2)(A). (4) Detailed personnel.— The Secretary of Labor may, on request of the Executive Director, detail to the Office such personnel as may be necessary to advise and assist the Office in carrying out its duties under this section. (f) Initial Period for Study and Corrective Action.— The period from the date of the enactment of this Act until December 31, 1996, shall be available to the Office of the Architect of the Capitol and other employing offices to identify any violations of subsection (a), to determine the costs of compliance, and to take any necessary corrective action to abate any violations. The Office shall assist the Office of the Architect of the Capitol and other employing offices by arranging for inspections and other technical assistance at their request. Prior to July 1, 1996, the General Counsel shall conduct a thorough inspection under subsection (e)(1) and shall submit the report under subsection (e)(2) for the One Hundred Fourth Congress. (g) Effective Date.— (1) In general.— Except as provided in paragraph (2), subsections (a), (b), (c), and (e)(3) shall be effective on January 1, 1997. (2) General accounting office and library of congress.— This section shall be effective with respect to the General Accounting Office and the Library of Congress 1 year after transmission to the Congress of the study under section 230.

2. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 2 U.S.C. § 1341(a)(2)(C); 2 U.S.C. § 1341(a)(2)(D); 2 U.S.C. § 1341(a)(e)(1)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

   Source evidence

   Code amendment note
   Subsecs. (a)(2)(C), (D), (e)(1) . Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

3. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 2 U.S.C. § 1341(g)(2)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

4. 2008

   Capitol Visitor Center Act of 2008

   Pub. L. 110–437 title IV § 422(b)(4) · 122 Stat. 4983

   Substituted · 2 U.S.C. § 1341(e)(1)

   Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services,” for “the Capitol Guide Service,”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services,” for “the Capitol Guide Service,”.

   Enacted provision · exact public law section
   (4) Periodic inspections for occupational safety and health compliance.— Section 215(e)(1) of such Act (2 U.S.C. 1341(e)(1)) is amended by striking “the Capitol Guide Service,” and inserting “the Office of Congressional Accessibility Services,”.

5. 2018

   Legislative Branch Appropriations Act, 2018

   Pub. L. 115–141 § 153(a)(2)(D)(i) · 132 Stat. 348

   Struck · 2 U.S.C. § 1341(a)(2)(C)

   Pub. L. 115–141, § 153(a)(2)(D)(i), struck out “, the Library of Congress,” after “the Government Accountability Office”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C). Pub. L. 115–141, § 153(a)(2)(D)(i), struck out “, the Library of Congress,” after “the Government Accountability Office”.

   Enacted provision · exact public law section
   (i) in subparagraph (C), by striking “, the Library of Congress,”; and

6. 2018

   Legislative Branch Appropriations Act, 2018

   Pub. L. 115–141 § 153(a)(2)(D)(ii) · 132 Stat. 348

   Struck · 2 U.S.C. § 1341(a)(2)(D)

   Pub. L. 115–141, § 153(a)(2)(D)(ii), struck out “and the Library of Congress” after “the Government Accountability Office”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 115–141, § 153(a)(2)(D)(ii), struck out “and the Library of Congress” after “the Government Accountability Office”.

   Enacted provision · exact public law section
   (ii) in subparagraph (D), by striking “and the Library of Congress”; and

7. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 title III § 308(b)(9) · 132 Stat. 5297

   Substituted · 2 U.S.C. § 1341(e)(1)

   Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

   Enacted provision · exact public law section
   (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking “Office of Compliance” and inserting “Office of Congressional Workplace Rights”.

   Effective date note
   Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.

7 of 7 references resolved to an enrolled provision