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

29 U.S.C. § 657

Inspections, investigations, and recordkeeping

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(a) Authority of Secretary to enter, inspect, and investigate places of employment; time and mannerIn order to carry out the purposes of this chapter, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized—(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and(2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee.(b) Attendance and testimony of witnesses and production of evidence; enforcement of subpoena

In making his inspections and investigations under this chapter the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(c) Maintenance, preservation, and availability of rec­ords; issuance of regulations; scope of records; periodic inspections by employer; posting of notices by employer; notification of employee of corrective action(1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this chapter as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable standards.(2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.(3) The Secretary, in cooperation with the Secretary of Health and Human Services, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 655 of this title. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 655 of this title, and shall inform any employee who is being thus exposed of the corrective action being taken.(d) Obtaining of information

Any information obtained by the Secretary, the Secretary of Health and Human Services, or a State agency under this chapter shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.

(e) Employer and authorized employee representatives to accompany Secretary or his authorized representative on inspection of workplace; consultation with employees where no authorized employee representative is present

Subject to regulations issued by the Secretary, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.

(f) Request for inspection by employees or representative of employees; grounds; procedure; determination of request; notification of Secretary or representative prior to or during any inspection of violations; procedure for review of refusal by representative of Secretary to issue citation for alleged violations(1) Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employees in writing of such determination.(2) Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this chapter which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary’s final disposition of the case.(g) Compilation, analysis, and publication of reports and information; rules and regulations(1) The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section.(2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this chapter, including rules and regulations dealing with the inspection of an employer’s establishment.(h) Use of results of enforcement activities

The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this chapter or to impose quotas or goals with regard to the results of such activities.

(Pub. L. 91–596, § 8, Dec. 29, 1970, 84 Stat. 1598; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 105–198, § 1, July 16, 1998, 112 Stat. 640.)Editorial NotesConstitutionality

For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Amendments

1998—Subsec. (h). Pub. L. 105–198 added subsec. (h).

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (c), (d), and (g) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Notes of Decisions
Cited in 343 cases (13 in the last 5 years), 1972–2026 · leading case: Marshall v. Barlow's, Inc., 436 U.S. 307 (1978).
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Marshall v. Barlow's, Inc., 436 U.S. 307 (1978). · cites it 22× “Among other things, he relies on § 8 (a) of the Act, 29 U. S. C. § 657 (a), which authorizes inspection of business premises without a warrant and which the Secretary urges represents a congressional construction of the Fourth Amendment that the courts should not reject.”
Woods & Rohde, Inc. v. State, Dep't of Labor, 565 P.2d 138 (Alaska 1977). · cites it 12× “083(a)(1) and (2), authorizing the right of entry and inspection, substantially parallel the federal counterpart, 29 U.S.C. § 657 (a). [6] By its terms, Alaska's OSHA is made applicable to any employer "who has one or more employees.”
Akm LLC v. Sec'y of Labor, Dept. of Labor, 675 F.3d 752 (D.C. Cir. 2012). · cites it 8× “" 29 U.S.C. § 657 (c)(1). Pursuant to that delegated authority, the Secretary has promulgated a set of regulations which require employers to record information about work-related injuries and illnesses in three ways.”
Donovan v. Dewey, 452 U.S. 594 (1981). · cites it 4× “In that case, we held that absent consent a warrant was constitutionally required in order to conduct administrative inspections under § 8 (a) of the Occupational Safety and Health Act of 1970, 29 U. S. C. § 657 (a). That statute imposes health and safety standards on all…”
Titan Tire Corp. v. Labor Comm'r, 637 N.W.2d 115 (Iowa 2001). · cites it 10× “Under section 8 of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 657 , the secretary of labor is authorized to conduct health and safety inspections of workplaces within the Act's jurisdiction.”
Empire Steel Mfg. Co. v. Marshall, 437 F. Supp. 873 (D. Mont. 1977). · cites it 13× “The issue presented in this case involves the authority of the Secretary of Labor under the Occupational Safety and Health Act of 1970 to conduct inspections of employers engaged in interstate commerce, under § 8(a), 29 U.S.C. § 657 . The plaintiff is a Montana corporation…”
Carpenter v. United States, 138 S. Ct. 2206 (2018). “…e.g., 15 U. S. C. §57b–1(c) (Federal Trade Commission); §§77s(c), 78u(a)–(b) (Securities and Ex- change Commission); 29 U. S. C. §657 (b) (Occupational Safety and Health Administration); 29 CFR §1601.16 (a)(2) (2017) (Equal Employment Opportunity Commission). Second, the…”
Robert B. Reich, Sec'y of Labor, United States Dep't of Labor v. Montana Sulphur & Chem. Co., 32 F.3d 440 (9th Cir. 1994). · cites it 10× “29 U.S.C. § 657 (b). This power is not self-enforcing; if OSHA’s subpoena is resisted, it must seek judicial enforcement.”
New York v. Burger, 482 U.S. 691 (1987). · cites it 2× “1598 , 29 U. S. C. § 657 (a), of all business engaged in interstate commerce fell within the narrow focus of this doctrine.”
Whirlpool Corp. v. Marshall, 445 U.S. 1 (1980). · cites it 3× “29 U. S. C. § 657 (f)(1). In the event this inspection reveals workplace conditions or practices that “could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures…”
Gail Merch. Irving v. United States, 162 F.3d 154 (1st Cir. 1998). · cites it 4× “” 29 U.S.C. § 657 (a). Under this authority, OSHA conducts both programmed general administrative inspections — known in the bureaucratic argot that OSHA so readily attracts as “full-scope” or “wall-to-wall” inspections — and more focused efforts pinpointed to threats of…”
Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021). “, 29 U. S. C. §657 (a) (authorizing inspections and investigations of “any .”
Show all 343 citing cases →
— 29 U.S.C. § 657(a) — 1 case
Warrington Twp. v. Powell, 796 A.2d 1061 (Pa. Commw. Ct. 2002).
— 29 U.S.C. § 657(b) — 2 cases
Su v. Arps (D. Neb. 2023).
Su v. Arps (D. Neb. 2023).
— 29 U.S.C. § 657(c) — 1 case
Free Speech Coalition, Inc. v. Holder, 957 F. Supp. 2d 564 (E.D. Pa. 2013).
— 29 U.S.C. § 657(f)(1) — 1 case
United States v. Jamieson-McKames Pharm., Inc., 651 F.2d 532 (8th Cir. 1981).
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