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

29 U.S.C. § 668

Programs of Federal agencies

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(a) Establishment, development, and maintenance by head of each Federal agencyIt shall be the responsibility of the head of each Federal agency (not including the United States Postal Service) to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated under section 655 of this title. The head of each agency shall (after consultation with representatives of the employees thereof)—(1) provide safe and healthful places and conditions of employment, consistent with the standards set under section 655 of this title;(2) acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees;(3) keep adequate records of all occupational accidents and illnesses for proper evaluation and necessary corrective action;(4) consult with the Secretary with regard to the adequacy as to form and content of rec­ords kept pursuant to subsection (a)(3) of this section; and(5) make an annual report to the Secretary with respect to occupational accidents and injuries and the agency’s program under this section. Such report shall include any report submitted under section 7902(e)(2) of title 5.(b) Report by Secretary to President

The Secretary shall report to the President a summary or digest of reports submitted to him under subsection (a)(5) of this section, together with his evaluations of and recommendations derived from such reports.

(c) Omitted(d) Access by Secretary to records and reports required of agencies

The Secretary shall have access to records and reports kept and filed by Federal agencies pursuant to subsections (a)(3) and (5) of this section unless those records and reports are specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy, in which case the Secretary shall have access to such information as will not jeopardize national defense or foreign policy.

(Pub. L. 91–596, § 19, Dec. 29, 1970, 84 Stat. 1609; Pub. L. 97–375, title I, § 110(c), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 105–241, § 2(b)(1), Sept. 28, 1998, 112 Stat. 1572.)Editorial NotesCodification

Subsec. (c) of this section amended section 7902 of Title 5, Government Organization and Employees.

Amendments

1998—Subsec. (a). Pub. L. 105–241 inserted “(not including the United States Postal Service)” after “each Federal agency”.

1982—Subsec. (b). Pub. L. 97–375 struck out direction that the President transmit annually to the Senate and House a report of the activities of Federal agencies under this section.

Executive DocumentsOccupational Safety and Health Programs for Federal Employees

Occupational safety and health programs for Federal employees and continuation of Federal Advisory Council on Occupational Safety and Health, see Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set out as a note under section 7902 of Title 5, Government Organization and Employees.

Notes of Decisions
Cited in 13 cases, 1975–2017 · leading case: Fed. Employees for Non-Smokers' Rights v. United States, 446 F. Supp. 181 (D.D.C. 1978).
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Fed. Employees for Non-Smokers' Rights v. United States, 446 F. Supp. 181 (D.D.C. 1978). · cites it 4× “For the reasons hereinafter stated, the Court finds that the defendants are entitled to a judgment on the pleadings as to counts 2 ( 29 U.S.C. § 668 (a)), 3 (fifth amendment), and 4 (first amendment) of the complaint.”
Nasuti v. U.S. Sec'y of State John Forbes Kerry, 137 F. Supp. 3d 132 (D. Mass. 2016). · cites it 2× “§ 654 , 29 U.S.C. § 668 , 29 C.F.R. § 1960.1 et seq.”
Melissa Ann Bobo v. Tennessee Valley Auth., 855 F.3d 1294 (11th Cir. 2017). “See 29 U.S.C. § 668 (a). 5 In the years following the enactment of that law, OSHA began issuing regulations to minimize asbestos exposure that included maximum exposure limits, monitoring and testing procedures, and safety protocols.”
Bobo v. Tennessee Valley Auth., 138 F. Supp. 3d 1285 (N.D. Ala. 2015). · cites it 5× “29 U.S.C. § 668 (a). 92 Executive Order 11,612, promulgated in 1971, observed that, “[a]s the Nation’s largest employer, the Federal Government has a special obligation to set an example *1298 for safe and healthful employment,” 36 Fed.”
Am. Fed'n of Gov't Employees v. Rumsfeld, 321 F.3d 139 (D.C. Cir. 2003). · cites it 3× “” 29 U.S.C. § 668 (a). In compliance with this statutory provision, DOD, Army, and OPM have implemented various directives, instructions, and regulations.”
Active Fire Sprinkler Corp. v. The United States Postal Serv. & John T. Brady & Co., Defendants, 811 F.2d 747 (2d Cir. 1987). “§ 107 (1982) (relating to vending machines operated by the blind); 29 U.S.C. § 668 (1982) (relating to Occupational Safety and Health Act).”
Bobo v. AGCO Corp., 981 F. Supp. 2d 1130 (N.D. Ala. 2013). “” 29 U.S.C. § 668 (1970) (alteration supplied).”
Fed. Express Corp. v. United States Postal Serv., 959 F. Supp. 832 (W.D. Tenn. 1997). “§ 107 (vending facilities operated by the blind); 29 U.S.C. § 668 (Occupation Safety and Health Act); 40 U.”
Budd Co. v. Occupational Saf. & Health Review Comm'n, 513 F.2d 201 (3rd Cir. 1975). “29 U.S.C. §§ 668 (a), 655(b)(3) (Supp.1974).”
Carr v. United States, 61 Fed. Cl. 326 (Fed. Cl. 2004). “at 1579, the Air Force adopted the same standard as the OSHAPEL to comply with 29 U.S.C. § 668 (a)(1) (1982), which required federal agencies to “provide safe and healthful places and conditions of employment.”
O'Neall v. United States, 797 F.2d 1576 (Fed. Cir. 1986). · cites it 2× “§ 652 (5), it has established a corresponding occupational safety and health program as required by 29 U.S.C. § 668 (a). 4 Having considered recommendations from various scientific organizations as to what permissible exposure limit would satisfy the statute, in 1977 the Air…”
Reich v. Muth, 34 F.3d 240 (4th Cir. 1994). “Pursuant to 29 U.S.C. § 668 , the Secretary also is authorized to coordinate occupational safety programs of each federal agency, and under Executive Order Number 12,196, 45 Fed.”
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