U.S. Code » Title 29 » Chapter CHAPTER 15— OCCUPATIONAL SAFETY AND HEALTH

29 U.S.C. § 653

Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen’s compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected

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(a) This chapter shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], Johnston Island, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement of this chapter by the courts established for areas in which there are no United States district courts having jurisdiction.(b)(1) Nothing in this chapter shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 2021 of title 42, exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.(2) The safety and health standards promulgated under the Act of June 30, 1936, commonly known as the Walsh-Healey Act,11 See References in Text note below. the Service Contract Act of 1965,1 Public Law 91–54, Act of August 9, 1969, Public Law 85–742, Act of August 23, 1958, and the National Foundation on Arts and Humanities Act [20 U.S.C. 951 et seq.] are superseded on the effective date of corresponding standards, promulgated under this chapter, which are determined by the Secretary to be more effective. Standards issued under the laws listed in this paragraph and in effect on or after the effective date of this chapter shall be deemed to be occupational safety and health standards issued under this chapter, as well as under such other Acts.(3) The Secretary shall, within three years after the effective date of this chapter, report to the Congress his recommendations for legislation to avoid unnecessary duplication and to achieve coordination between this chapter and other Federal laws.(4) Nothing in this chapter shall be construed to supersede or in any manner affect any workmen’s compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment.(Pub. L. 91–596, § 4, Dec. 29, 1970, 84 Stat. 1592.)Editorial NotesReferences in Text

The Outer Continental Shelf Lands Act, referred to in subsec. (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Act of June 30, 1936, commonly known as the Walsh-Healey Act, referred to in subsec. (b)(2), is act June 30, 1936, ch. 881, 49 Stat. 2036, which was classified principally to sections 35 to 45 of former Title 41, Public Contracts, and was substantially repealed and restated as chapter 65 (§ 6501 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1936 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

The Service Contract Act of 1965, referred to in subsec. (b)(2), was Pub. L. 89–286, Oct. 22, 1965, 79 Stat. 1034, which was classified generally to chapter 6 (§ 351 et seq.) of former Title 41, Public Contracts, and was repealed and restated as chapter 67 (§ 6701 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

Public Law 91–54, Act of August 9, 1969, referred to in subsec. (b)(2), is Pub. L. 91–54, Aug. 9, 1969, 83 Stat. 96, which amended sections 1 and 2 and added section 107 of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357. Sections 1 and 2 of Pub. L. 87–581 were set out as notes under section 327, and section 107 of Pub. L. 87–581 was classified to section 333, of former Title 40, Public Buildings, Property, and Works. Sections 1 and 2 of Pub. L. 87–581 were repealed, and section 107 of Pub. L. 87–581 was repealed and reenacted as sections 3704 and 3705 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

Public Law 85–742, Act of August 23, 1958, referred to in subsec. (b)(2), is Pub. L. 85–742, Aug. 23, 1958, 72 Stat. 835, which amended section 941 of Title 33, Navigation and Navigable Waters, and enacted provisions set out as a note under section 941 of Title 33. For complete classification of this Act to the Code, see Tables.

The National Foundation on the Arts and the Humanities Act, referred to in subsec. (b)(2), is Pub. L. 89–209, Sept. 29, 1965, 79 Stat. 845, known as the National Foundation on the Arts and the Humanities Act of 1965, which is classified principally to subchapter I (§ 951 et seq.) of chapter 26 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 20 and Tables.

The effective date of this chapter, referred to in subsec. (b)(2), (3), is the effective date of Pub. L. 91–596, which is 120 days after Dec. 29, 1970, see section 34 of Pub. L. 91–596, set out as an Effective Date note under section 651 of this title.

Statutory Notes and Related SubsidiariesEPA Administrator Not Exercising “Statutory Authority” Under This Section in Exercising Any Authority Under Toxic Substances Control Act

In exercising any authority under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in connection with amendment made by section 15(a) of Pub. L. 101–637, the Administrator of the Environmental Protection Agency not, for purposes of subsection (b)(1) of this section, to be considered to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health, see section 15(b) of Pub. L. 101–637, set out as a note under section 2646 of Title 15, Commerce and Trade.

Executive DocumentsTermination 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.

Notes of Decisions
Cited in 318 cases (27 in the last 5 years), 1972–2026 · leading case: Sanchez v. Galey, 733 P.2d 1234 (Idaho 1987).
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Sanchez v. Galey, 733 P.2d 1234 (Idaho 1987). · cites it 12× “Respondent Bennett Creek Farms nonetheless argues that, allowing violations of OSHA regulations to be used in finding negligence per se circumvents the express directive of 29 U.S.C. § 653 (b)(4), which requires that OSHA regulations not be used "to enlarge or diminish or effect…”
Umansky v. ABC Ins., 2009 WI 82 (Wis. 2009). · cites it 8× “¶ 120 Second, under 29 U.S.C.A. § 653 (b)(4), violations of OSHA cannot be used as a basis for expanding or diminishing common law civil liability; that is, OSHA does not create a private right of action that did not already exist at common law.”
Canape v. Petersen, 897 P.2d 762 (Colo. 1995). · cites it 16× “The court of appeals first held that instructing the jury on a negligence per se theory of liability would violate the Occupational Safety and Health Act, 29 U.S.C. § 653 (b)(4) (1988) (OSHA), because it would affect the common law or statutory rights, duties, and liabilities of…”
Mingachos v. CBS, Inc., 491 A.2d 368 (Conn. 1985). · cites it 3× “Neither Connecticut nor federal law provides that alleged violations of OSHA can be the basis of a private right of action “with respect to injuries, diseases or death of employees arising out of and in the course of employment.”
Hebel v. Conrail, Inc., 475 N.E.2d 652 (Ind. 1985). · cites it 9× “" 29 U.S.C. § 653 (b)(4) (Emphasis added.) The legislative history accompanying OSHA also reflects the proscriptions set forth above.”
Rosario Lindsey, Individually & as of the Est. of Charles Lindsey v. Caterpillar, Inc, 480 F.3d 202 (3rd Cir. 2007). · cites it 8× “She asserts that the Act regulates only the employer-employee relationship and does not apply to manufacturers of defective products, and that the Act’s savings clause, 29 U.S.C. § 653 (b)(4), operates to save state tort causes of action from preemption.”
Solus Indus. Innovations, LLC v. Superior Court of Orange Cnty., 410 P.3d 32 (Cal. 2018). · cites it 4× “) Finally, the federal OSH Act contains a broad savings clause: "Nothing in this chapter shall be construed to supersede or in any manner affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or…”
Dukes v. Sirius Constr., Inc., 2003 MT 152 (Mont. 2003). · cites it 7× “The District Court additionally concluded that the OSH Act savings clause, 29 U.S.C. § 653 (4), while preserving private tort actions, does not save from preemption state occupational safety and health standards or their enforcement.”
Wendland v. Ridgefield Constr. Servs., Inc., 439 A.2d 954 (Conn. 1981). · cites it 6× “29 U.S.C. §653 (b) (4). 4 Both statutes refer to the Occupational Safety and Health Act, which is the enabling legislation for the safety regulations at issue in this case.”
United Steelworkers of Am. v. Marshall, 647 F.2d 1189 (D.C. Cir. 1980). · cites it 4× “LIA’s most serious statutory argument against MRP is that MRP violates the express prohibition contained in Section 4(b)(4) of the OSH Act, 29 U.S.C. § 653 (b)(4) (1976): Nothing in this chapter shall be construed to supersede or in any manner affect any workmen’s compensation…”
Chao v. Mallard Bay Drilling, Inc., 534 U.S. 235 (2002). · cites it 5× “To avoid overlapping regulation, § 4(b)(1) of the Act, as codified in 29 U. S. C. § 653 (b)(1), provides: “Nothing in this [Act] shall apply to working conditions of employees with respect to which other Federal agencies .”
Solis v. Summit Contractors, Inc., 558 F.3d 815 (8th Cir. 2009). · cites it 4× “The statute provides that "[n]othing in this chapter shall be construed *829 to supersede or in any manner affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and…”
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— 29 U.S.C. § 653(b)(4) — 7 cases
Solus Indus. Innovations, LLC v. Superior Court of Orange Cnty., 410 P.3d 32 (Cal. 2018). “) Finally, the federal OSH Act contains a broad savings clause: "Nothing in this chapter shall be construed to supersede or in any manner affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or…”
Roger Curtis Merritt v. Bethlehem Steel Corp., a Foreign Corp. Licensed to Do Bus. in the State of Indiana, 875 F.2d 603 (7th Cir. 1989).
Lester Russell v. Wallace Bartley, 494 F.2d 334 (6th Cir. 1974).
Clary v. Ocean Drilling & Expl. Co., 429 F. Supp. 905 (W.D. La. 1977).
B & B Insulation, Inc. v. Occupational Saf. & Health Review Comm'n, 583 F.2d 1364 (5th Cir. 1978).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.