[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Notices]
[Pages 111-113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33366]


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DEPARTMENT OF LABOR
[Secretary's Order 6-96]


Delegation of Authority and Assignment of Responsibility to the 
Assistant Secretary for Occupation Safety and Health

December 27, 1996.
    1. Purpose. To delegate authority and assign responsibility to the 
Assistant Secretary for Occupational Safety and Health.
    2. Directives Affected. This Order repeals and supersedes 
Secretary's Order 1-90 (Occupational Safety and Health). In addition, 
this Order cancels Secretary's Orders 6-94 (previously superseded in 
part by Secretary's Order 1-96) and 1-96.
    3. Background. This Order, which repeals and supersedes Secretary's 
Order 1-90, constitutes the generic Secretary's Order for the 
Occupational Safety and Health Administration. Specifically, this 
Order, in conjunction with Secretary's Order 5-96, effects an exchange 
of particular authorities and responsibilities between the Assistant 
Secretary for Employment Standards and the Assistant Secretary for 
Occupational Safety and Health. The exchange was tested in a pilot 
project for Region VI established by Secretary's Order 6-94 (extended 
by Secretary's Order 1-96), that granted these Assistant Secretaries 
limited concurrent authority to enforce certain laws establishing labor 
standards affecting field sanitation and migrant housing, which had 
been delegated to the Occupational Safety and Health Administration 
(OSHA) under Secretary's Order 1-90, and certain environmental and 
public health-related whiteblower protection laws, which had been 
delegated to the Employment Standards Administration (ESA) under 
Secretary's Order 1-93. The pilot project resulted in a determination 
that the respective agencies would make better

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use of their program expertise, and, therefore, that the Department of 
Labor would more effectively and efficiently utilize its resources, by 
a permanent transfer of specific enforcement activities between the 
Assistant Secretaries for OSHA and ESA.
    Accordingly, this Order grants the Assistant Secretary for OSHA 
authority to investigate and resolve allegations of discriminatory 
actions taken by employers against employees in violation of the 
following statutory whitleblower protection provisions: (1) Section 
1450(i) of the Safe Drinking Water Act, 42 U.S.C. 300j-9(i); (2) 
Section 211 of the Energy Reorganization Act of 1974, as amended, 42 
U.S.C. 5851; (3) Section 110(a)-(d) of the Comprehensive Environmental 
Response Compensation and Liability Act of 1980, 42 U.S.C. 9610(a)-(d); 
(4) Section 507 of the Federal Water Pollution Control Act, 33 U.S.C. 
1367; (5) Section 23 of the Toxic Substances Control act, 15 U.S.C. 
2622; (6) Section 7001 of the Solid Waste Disposal Act, 42 U.S.C. 6971; 
and (7) Section 322 of the Clean Air Act, 42 U.S.C. 7622. (See 
subparagraphs 4.a. (1)(l)-(r) of this Order.) Secretary's Order 5-96 
grants the Assistant Secretary for ESA authority under the Occupational 
Safety and Health Act of 1970, 29 U.S.C. 651 et seq., to enforce 
compliance by agricultural employers with, and to develop and issue 
compliance interpretations regarding, the standards on: (1) Field 
sanitation, 29 C.F.R. 1928.110; and (2) temporary labor camps, 29 
C.F.R. 1910.142, as described in subparagraph 4.a.(2)(b) of this Order. 
(See subparagraph 4.a. (2) of this Order).
    All other authority and responsibility set forth in this Order were 
delegated or assigned previously to the Assistant Secretary for OSHA in 
Secretary's Order 1-90, and this Order continues those delegations and 
assignments in full force and effect, except as expressly modified 
herein.
    4. Delegation of Authority and Assignment of Responsibility.
    a. The Assistant Secretary for Occupational Safety and Health
    (1) The Assistant Secretary for Occupational Safety and Health is 
delegated authority and assigned responsibility for administering the 
safety and health programs and activities of the Department of Labor, 
except as provided in subparagraph 4.a.(2) below, under the designated 
provisions of the following statutes:
    (a) The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 
et seq.
    (b) The Walsh-Healey Public Contracts Act of 1936, as amended, 41 
U.S.C. 35, 37-41, 43-45.
    (c) The McNamara-O'Hara Service Contract Act of 1965, as amended, 
41 U.S.C. 351-354, 356-357.
    (d) The Contract Work Hours and Safety Standards Act, as amended, 
40 U.S.C. 329, 333.
    (e) The Maritime Safety Act of 1958, 33 U.S.C. 941.
    (f) The National Foundation on the Arts and the Humanities Act of 
1965, 20 U.S.C. 954(i)(2).
    (g) 5 U.S.C. 7902 and any Executive Order thereunder.
    (h) Executive Order 12196 (``Occupational Safety and Health 
Programs for Federal Employees'') of February 26, 1980.
    (i) 49 U.S.C. 31105, the whistleblower provision of the Surface 
Transportation Assistance Act of 1982.
    (j) Section 211 of the Asbestos Hazard Emergency Response Act of 
1986, 15 U.S.C. 2651.
    (k) Section 7 of the International Safe Container Act, 46 U.S.C. 
App. 1505.
    (l) Section 1450(i) of the Safe Drinking Water Act, 42 U.S.C. 300J-
9(i).
    (m) Section 211 of the Energy Reorganization Act of 1974, as 
amended, 42 U.S.C. 5851.
    (n) Section 110 (a)-(d) of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980, 42 U.S.C. 9610 (a)-
(d).
    (o) Section 507 of the Federal Water Pollution Control Act, 33 
U.S.C. 1367.
    (p) Section 23 of the Toxic Substances Control Act, 15 U.S.C. 2622.
    (q) Section 7001 of the Solid Waste Disposal Act, 42 U.S.C. 6971.
    (r) Section 322 of the Clean Air Act, 42 U.S.C. 7622.
    (s) Responsibilities of the Secretary of Labor with respect to 
safety and health provisions of any other Federal statutes except those 
related to mine safety and health, the issuance of child labor 
hazardous occupation orders, and Department of Labor employee safety 
and health, which are administered pursuant to Secretary's Orders 3-78, 
5-96, and 5-95, respectively.
    (2) The authority of the Assistant Secretary for Occupational 
Safety and Health under the Occupational Safety and Health Act of 1970 
does not include authority to conduct inspections and investigations, 
issue citations, assess and collect penalties, or enforce any other 
remedies available under the statute, or to develop and issue 
compliance interpretations under the statute, with regard to the 
standards on:
    (a) field sanitation, 29 CFR 1928.110; and
    (b) temporary labor camps, 29 CFR 1910.142, with respect to any 
agricultural establishment where employees are engaged in 
``agricultural employment'' within the meaning of the Migrant and 
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), 
regardless of the number of employees, including employees engaged in 
hand packing of produce into containers, whether done on the ground, on 
a moving machine, or in a temporary packing shed, except that the 
Assistant Secretary for Occupational Safety and Health retains 
enforcement responsibility over temporary labor camps for employees 
engaged in egg, poultry, or red meat production, or the post-harvest 
processing of agricultural or horticultural commodities.
    Nothing in this Order shall be construed as derogating from the 
right of States operating OSHA-approved State plans under 29 U.S.C. 667 
to continue to enforce field sanitation and temporary labor camp 
standards if they so choose. The Assistant Secretary for OSHA retains 
the authority to monitor the activity of such States with respect to 
field sanitation and temporary labor camps. Moreover, the Assistant 
Secretary for OSHA retains all other agency authority and 
responsibility under the Occupational Safety and Health Act with regard 
to the standards on field sanitation and temporary labor camps, such as 
rulemaking authority.
    (3) The Assistant Secretary for Occupational Safety and Health is 
also delegated authority and assigned responsibility for:
    (a) Serving as Chairperson of the Federal Advisory Council on 
Occupational Safety and Health, as provided for by Executive Order 
12196.
    (b) Coordinating Agency efforts with those of other officials or 
agencies having responsibilities in the occupational safety and health 
area.
    b. The Assistant Secretary for Occupational Safety and Health and 
the Assistant Secretary for Employment Standards are directed to confer 
regularly on enforcement of the Occupational Safety and Health Act with 
regard to the standards on field sanitation and temporary labor camps 
(see subparagraph 4.a. (2) of this Order), and to enter into any 
memoranda of understanding which may be appropriate to clarify 
questions of coverage which arise in the course of such enforcement.
    c. The Chief Financial Officer is assigned responsibility, in 
accordance with applicable appropriations enactments, for assuring that 
resources associated with the programs and functions of the Employment 
Standards Administration are reallocated and transferred to OSHA, as 
appropriate, in an orderly and equitable manner.

[[Page 113]]

    d. The Assistant Secretary for Administration and Management is 
assigned responsibility to assure that any transfer of resources 
effecting this Order is fully consistent with the budget policies of 
the Department and that consultation and negotiation, as appropriate, 
with representatives of any employees affected by this exchange of 
responsibilities is conducted. The Assistant Secretary for 
Administration and Management is also responsible for providing or 
assuring that appropriate administrative and management support is 
furnished, as required, for the efficient and effective operation of 
these programs.
    e. The Solicitor of Labor shall have the responsibility for 
providing legal advice and assistance to all officers of the Department 
relating to the administration of the statutory provisions and 
Executive Orders listed above. The bringing of legal proceedings under 
those authorities, the representation of the Secretary and/or other 
officials of the Department of Labor, and the determination of whether 
such proceedings or representations are appropriate in a given case, 
are delegated exclusively to the Solicitor.
    f. The Commissioner of Labor Statistics is delegated authority and 
assigned responsibility for:
    (1) Furthering the purpose of the Occupational Safety and Health 
Act by developing and maintaining an effective program of collection, 
compilation, analysis, and publication of occupational safety and 
health statistics consistent with the provisions of Secretary's Orders 
4-81 and 5-95.
    (2) Making grants to states or political subdivisions thereof in 
order to assist them in developing and administering programs dealing 
with occupational safety and health statistics under Sections 18, 23, 
and 24 of the Occupational Safety and Health Act.
    (3) Coordinating the above functions with the Assistant Secretaries 
for Occupational Safety and Health and Employment Standards.
    5. Reservation of Authority and Responsibility.
    a. The submission of reports and recommendations to the President 
and the Congress concerning the administration of the statutory 
provisions and Executive Orders listed in subparagraph 4.a. above is 
reserved to the Secretary.
    b. The commencement of legal proceedings under the statutory 
provisions listed in subparagraph 4.a. above, except proceedings before 
Department of Labor administrative law judges and the Administrative 
Review Board under 49 U.S.C. 31105 (the whistleblower provision of the 
Surface Transportation Assistance Act), is reserved to the Secretary. 
The Solicitor will determine in each case whether such legal 
proceedings are appropriate and may represent the Secretary in 
litigation as authorized by law.
    c. Nothing in this Order shall limit or modify the delegation of 
authority and assignment of responsibility to the Administrative Review 
Board by Secretary's Order 2-96 (April 17, 1996).
    6. Redelegation of Authority. The Assistant Secretary for 
Occupational Safety and Health, the Chief Financial Officer, the 
Assistant Secretary for Administration and Management, the Solicitor of 
Labor, and the Commissioner of Labor Statistics may redelegate 
authority delegated in this Order.
    7. Effective Date. This delegation of authority and assignment of 
responsibility shall be effective on February 3, 1997.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 96-33366 Filed 12-31-96; 8:45 am]
BILLING CODE 4510-23-M