Page images
PDF
EPUB

Title 29-Labor

(This book contains Part 1920 to End)

SUBTITLE B-REGULATIONS RELATING TO LABOR (Continued)

CHAPTER XVII-Occupational Safety and Health Administration, Department of Labor (Continued)

[ocr errors]

CHAPTER XX-Occupational Safety and Health Review Commission

Part

1920

2100

CHAPTER XXV—Employee Benefits Security Office, Department of Labor

[merged small][ocr errors]
[merged small][ocr errors][merged small]

CROSS REFERENCES: Railroad Retirement Board: See Employees' Benefits, 20 CFR Chapter II.

Social Security Administration, Department of Health, Education, and Welfare: See Employees' Benefits, 20 CFR Chapter III.

NOTE: Other regulations issued by the Department of Labor appear in 20 CFR Chapters I, IV and V; 41 CFR Chapters 50 and 60. For Standards for a Merit System of Personnel Administration: See 45 CFR Part 70.

CHAPTER XVII-OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION, DEPARTMENT OF

LABOR (Continued)

1928 Occupational safety and health standards for agriculture

EDITORIAL NOTE: In Chapter XVII former Parts 1501 through 1518 were transferred from Chapter XIII and redesignated Parts 1915 through 1926, respectively. In the transferred and redesignated parts, the terms "Director" and "Director of the Bureau of Labor Standards" shall be deemed to mean the "Assistant Secretary of Labor for Occupational Safety and Health" and the terms "Bureau" and "Bureau of Labor Standards" shall be deemed to mean the "Occupational Safety and Health Administration", wherever those terms occur. See 36 FR 25232, Dec. 30, 1971. For other technical amendments to this chapter, see 39 FR 19029, July 17, 1973.

Part

1920 Procedure for variations from safety and health regulations under

the Longshoremen's and Harbor Workers' Compensation Act 1921 Rules of practice in enforcement proceedings under section 41 of the Longshoremen's and Harbor Workers' Compensation Act 1922 Investigational hearings under section 41 of the Longshoremen's and Harbor Workers' Compensation Act .

1924 Safety standards applicable to workshops and rehabilitation facilities assisted by grants

[ocr errors]

1925 Safety and health standards for Federal service contracts 1926 Safety and health regulations for construction .

1950 Development and planning grants for occupational safety and health

Page

4

4

[ocr errors]

10

11

11

12

189

210

1951 Grants for implementing approved State plans .
1952 Approved State plans for enforcement of State standards

214

221

1953 Change to State plans for the development and enforcement of State standards

[merged small][ocr errors]

1954 Procedures for the evaluation and monitoring of approved State plans

277

1955 Procedures for withdrawal of approval of State plans
1960 Safety and health provisions for federal employees
1975 Coverage of employers under the Williams-Steiger Occupational

282

292

Safety and Health Act of 1970 .

309

1977 Discrimination against employees exercising rights under the Williams-Steiger Occupational Safety and Health Act of 1970. 1999 Procedure for the preparation and circulation of environmental impact statements

313

318

[blocks in formation]

This part governs the procedure for the granting of variations from the safety and health regulations established pursuant to section 41 of the Longshoremen's and Harbor Workers' Compensation Act. The part provides the same procedures under this Act as are available for considering variances under the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(44 Stat. 1444; 33 U.S.C. 941) [37 FR 10800, May 31, 1972]

§ 1920.2 Variances.

(a) Variances from standards in Parts 1915 through 1918 of this chapter may be granted in the same circumstances in which variances may be granted under sections 6(b) (6) (A) or 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The procedures for the granting of variances from Parts 1915-1918 of this chapter are those published in Part 1905 of this chapter.

(b) Any requests for variances shall also be considered requests for variances under the Williams-Steiger Occupational Safety and Health Act of 1970, and any variance from §§ 1910.13 through 1910.16 of this chapter which adopt Parts 1915-1918 of this chapter, shall be deemed a variance from the standard under both the Longshoremen's and Harbor Workers' Compensation Act and the Williams-Steiger Occupational Safety and Health Act of 1970. (44 Stat. 1444; 33 U.S.C. 941) [37 FR 10800, May 31, 1972]

[blocks in formation]

Intervention.

Stipulations of compliance.

Prehearing conferences.

Subpart C-Hearing and Related Matters

[blocks in formation]

AUTHORITY: The provisions of this Part 1921 issued under sec. 41, 44 Stat. 1444, 72 Stat. 835, R.S. 161; 5 U.S.C. 301, 33 U.S.C. 941.

SOURCE: The provisions of this Part 1921 appear at 27 F.R. 4165, May 2, 1962, unless otherwise noted. Redesignated at 28 FR. 7909, Aug. 2, 1963. Further redesignated at 36 F.R. 25232, Dec. 31, 1971.

CROSS REFERENCE: For nomenclature changes affecting this Part, see Editorial Note to Chapter XVII.

Subpart A Applicability of Rules; Definitions

§ 1921.1

Applicability of rules.

This part provides rules of practice for administrative hearings relating to the enforcement of section 41 of the Longshoremen's and Harbor Workers' Compensation Act and the safety regulations promulgated thereunder which are published in Parts 1915 and 1918 of this subtitle. This part applies only to proceedings held under section 41(b) (5) of the Act. It does not apply to any other administrative proceedings held under section 41 of the Act.

§ 1921.2

Definitions.

(a) "Act" means the Longshoremen's and Harbor Workers' Compensation Act. (b) "Chief Hearing Examiner" means the Chief Hearing Examiner, United

States Department of Labor, Washington D.C. 20210.

(c) "Respondent" means the person or organization proceeded against.

(d) "Director" means the Director of the Bureau of Labor Standards, United States Department of Labor.

Subpart B-Prehearing Procedures § 1921.3 Complaints.

(a) Issuance. The Deputy Solicitor of Labor shall institute enforcement proceedings by issuing a complaint and causing the complaint to be served upon the respondent.

(b) Contents. The complaint shall contain a clear and concise factual statement sufficient to inform the respondent with reasonable definiteness of the types of acts or practices alleged to have occurred and to violate section 41 of the Act or the provisions of Parts 1915 and 1918 of this subtitle.

(c) Amendments. At any time prior to the close of the hearing, the complaint may be amended in the discretion of the hearing examiner and on such terms as he may approve.

(d) Notice of hearing. The hearing examiner shall notify the parties of the time and place for a hearing within 10 days after the service of the complaint. § 1921.4 Answer.

(a) Filing and service. Within 14 days after the service of the complaint, the respondent shall file an answer with the Chief Hearing Examiner. The answer shall be signed by the respondent or his attorney.

(b) Contents; failure to file. The answer shall (1) contain a statement of the facts which constitute the grounds of defense, and shall specifically admit, explain, or deny, each of the allegations of the complaint unless the respondent is without knowledge, in which case the answer shall so state; or (2) state that the respondent admits all of the allegations of the complaint. The answer may contain a waiver of hearing. Failure to file an answer to or plead specifically to any allegation of the complaint shall constitute an admission of such allegation.

(c) Procedure upon admission of facts. The admission, in the answer or by failure to file an answer, of all the material allegations of fact contained in the com

plaint shall constitute a waiver of hearing. Upon such admission of facts, the hearing examiner without further hearing shall prepare his decision in which he shall adopt as his proposed findings of fact the material facts alleged in the complaint. The parties shall be given an opportunity to file exceptions to his decision, and to file briefs in support of the exceptions.

§ 1921.5 Motions and requests.

Motions or requests shall be filed with the Chief Hearing Examiner, except that those made during the course of the hearing shall be filed with the hearing examiner or shall be stated orally and made part of the transcript. Each motion or request shall state the particular order, ruling, or action desired, and the grounds therefor. The hearing examiner is authorized to rule upon all motions or requests filed or made prior to the filing of his report.

[blocks in formation]

At any time after the institution of proceedings and before the hearing examiner makes his decision, the hearing examiner may, upon petition in writing and for good cause shown, permit any interested person, including an employer, employee, labor or trade organization, or Federal or State agency, to intervene therein. The petition shall state with precision and particularity: (a) The petitioner's relationship to the matters involved in the proceedings, (b) the nature of any material he intends to present in evidence, (c) the nature of any argument he intends to make, and (d) any other reason that he should be allowed to intervene.

§ 1921.7 Stipulations of compliance.

At any time prior to the issuance of a complaint in the proceeding, the Assistant Solicitor in charge of trial litigation may in his discretion, enter into stipulations with the prospective respondent, whereby the latter admits the material facts and agrees to discontinue the acts or practices which are intended to be set up as violative of the Act or Parts 1915 and 1918 of this subtitle. Such stipulations shall be admissible as evidence of such acts and practices in any subsequent proceeding in law or equity or under these regulations against such person.

« PreviousContinue »