3 USC 425 – Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations
(a)
(1)
(2)
(A) the term “employer” as used in such Act means an employing office; and
(B) the term “employee” as used in such Act means a covered employee.
Terms Used In 3 USC 425
- covered employee: means any employee of an employing office. See 3 USC 401
- employee: includes an applicant for employment and a former employee. See 3 USC 401
- employing office: means &mdash. See 3 USC 401
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b)
(c)
(1)
(2)
(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 Secretary of Labor believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction.
(3)
(A) the citation and notification shall be deemed a final order (within the meaning of section 10(b) of the Occupational Safety and Health Act of 1970) if the employer fails to notify the Secretary of Labor within 15 days (excluding Saturdays, Sundays, and Federal holidays) after receipt of the notice that the employer intends to contest the citation or notification; or
(B) opportunity for a hearing before the Occupational Safety and Health Review Commission shall be afforded in accordance with section 10(c) of the Occupational Safety and Health Act of 1970, if the employer gives timely notice to the Secretary that he intends to contest the citation or notification.
(4)
(5)
(6)
(d)
(1)
(2)
(A) except to the extent that the President or designee 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; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 19 of the Occupational Safety and Health Act of 1970 that applies to agencies or employees of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(3)
(e)
(1) the effective date of regulations issued under subsection (d); or
(2) October 1, 1998.