§ 661. Occupational Safety and Health Review Commission

Footnotes

1. 1 So in original. Probably should be “An”.

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. 1970

   Occupational Safety and Health Act of 1970

   Pub. L. 91–596 § 12 · 84 Stat. 1590

   Enacted · 29 U.S.C. § 661

   Pub. L. 91–596, § 12, Dec. 29, 1970, 84 Stat. 1603

   Source evidence

   Code source credit
   Pub. L. 91–596, § 12, Dec. 29, 1970, 84 Stat. 1603

   Enacted provision · exact public law section
   Sec. 12. the occupational safety and health review commission (a) The Occupational Safety and Health Review Commission Establishment; membership. is hereby established. The Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this Act. The President, shall designate one of the members of the Commission to serve as Chairman. (b) The terms of members of the Commission shall be six years except that [1 ) the members of the Commission first taking office shall serve, as designated by the President at the time of appointment, one for a term of two years, one for a term of four years, and one for a term of six years, and (2) a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (c) (1) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: (57) Chairman, Occupational Safety and Health Review Commission.” (e) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: (94) Members, Occupational Safety and Health Review Commission.” (d) The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems that the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place. (e) The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission and shall appoint such hearing examiners and other employees as he deems necessary to assist in the performance of the Commission’s functions and to fix their compensation in accordance with the provisions of chapter 5 USC 5101, 5331. Ante, p. 198–1 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates: Provided, That assignment, removal and compensation of hearing examiners shall be in accordance with sections 3105, 3344, 5362, and 7521 of title 5, United States Code. (f) For the purpose of carrying out its functions under this Act two members of the Commission shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members. (g) Every official act of the Commission shall be entered of record, and its hearings and records shall be open to the public. The Commission is authorized to make such rules as are necessary for the orderly transaction of its proceedings. Unless the Commission has adopted a different rule, its proceedings shall be in accordance with the Federal Rules of Civil Procedure. (h) The Commission may order testimony to be taken by deposition in any proceedings pending before it at any state of such proceeding. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission. Witnesses whose depositions are taken under this subsection, and the persons taking such depositions, shall be entitled to the same fees as are paid for like services in the courts of the United States. (i) For the purpose of any proceeding before the Commission, the provisions of section 11 of the National Labor Relations Act (29 61 Stat. 150. U.S.C. 161) are hereby made applicable to the jurisdiction and powers of the Commission. (j) A hearing examiner appointed by the Commission shall hear, Report. and make a determination upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such hearing examiner by the Chairman of the Commission, and shall make a report of any such determination which constitutes his final disposition of the proceedings. The report of the hearing examiner shall become the final order of the Commission within thirty days after such report by the hearing examiner, unless within such period any Commission member has directed that such report shall be reviewed by the Commission. (k) Except as otherwise provided in this Act, the hearing examiners shall be subject to the laws governing employees in the classified civil service, except that appointments shall be made without regard to section 5108 of title 5, United States Code. Each hearing examiner 80 Stat. 453. shall receive compensation at a rate not less than that prescribed for GS–16 under section 5332 of title a, United States Code. Ante, p. 198–1.

2. 1978

   Pub. L. 95–251 § 2(a)(7) · 92 Stat. 183

   Substituted · 29 U.S.C. § 661(e); 29 U.S.C. § 661(j); 29 U.S.C. § 661(k)

   Pub. L. 95–251 substituted “administrative law judge” and “administrative law judges” for “hearing examiner” and “hearing examiners”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (e), (j), (k). Pub. L. 95–251 substituted “administrative law judge” and “administrative law judges” for “hearing examiner” and “hearing examiners”, respectively, wherever appearing.

   Enacted provision · exact public law section
   (7) sections 12(e), 12(j), and 12(k) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 661(d), 661(i), 661(j));

2 of 2 references resolved to an enrolled provision