[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55355-55356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22656]


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DEPARTMENT OF LABOR

Office of the Secretary


Delegation of Authority and Assignment of Responsibility

Secretary's Order 4-2010

    Subject: Delegation of Authority and Assignment of Responsibility 
to the Assistant Secretary for Occupational Safety and Health.
    1. Purpose. To delegate authority and assign responsibility to the 
Assistant Secretary for Occupational Safety and Health.
    2. Authorities and Directives Affected.
    A. Authorities. This Order is issued pursuant to 29 U.S.C. 551 et 
seq.; 5 U.S.C. 301; 5 U.S.C. 5315; the Occupational Safety and Health 
Act of 1970, 29 U.S.C. 651, et seq.; the Walsh-Healey Public Contracts 
Act of 1936, as amended, 41 U.S.C. 35, 37-41, 43-45; the McNamara-
O'Hara Service Contract Act of 1965, as amended, 41 U.S.C. 351-354, 
356-357; the Contract Work Hours and Safety Standards Act, as amended, 
40 U.S.C. 329, 333; the Maritime Safety Act of 1958, 33 U.S.C. 941; the 
National Foundation on the Arts and the Humanities Act of 1965, 20 
U.S.C. 954(m)(2); 5 U.S.C. 7902 and any executive order thereunder, 
including Executive Order 12196 (``Occupational Safety and Health 
Programs for Federal Employees'') (February 26, 1980); the Surface 
Transportation Assistance Act of 1982, 49 U.S.C. 31105; the Asbestos 
Hazard Emergency Response Act of 1986, 15 U.S.C. 2651; the 
International Safe Container Act, 46 U.S.C. 80507; the Safe Drinking 
Water Act, 42 U.S.C. 300j-9(i); the Energy Reorganization Act of 1974, 
as amended, 42 U.S.C. 5851; the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, 42 U.S.C. 9610(a)-(d); the 
Federal Water Pollution Control Act, 33 U.S.C. 1367; the Toxic 
Substances Control Act, 15 U.S.C. 2622; the Solid Waste Disposal Act, 
42 U.S.C. 6971; the Clean Air Act, 42 U.S.C. 7622; the Wendell H. Ford 
Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. 
42121; the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1514A; the Pipeline 
Safety Improvement Act of 2002, 49 U.S.C. 60129; the National Transit 
Systems Security Act, 6 U.S.C. 1142; the Federal Railroad Safety Act, 
49 U.S.C. 20109; the Consumer Product Safety Improvement Act, 15 U.S.C. 
2087; the Patient Protection and Affordable Care Act amendment to the 
Fair Labor Standards Act, 29 U.S.C. 218C; and Section 1057 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, Public Law 111-
203.
    B. Directives Affected. Secretary's Order 5-2007 is replaced by 
this Order.
    3. Background. This Order constitutes the basic Secretary's Order 
for the Occupational Safety and Health Administration (OSHA), 
superseding Order 5-2007. This Order delegates and assigns 
responsibility to OSHA for enforcement of (1) Section 18C (protection 
of employees providing healthcare information) of the Fair Labor 
Standards Act (29 U.S.C. 218C), as added by Section 1558 of the Patient 
Protection and Affordable Care Act of 2010, Public Law 111-148; (2) 
Section 1057 (``Employee Protection,'' 12 U.S.C. 5567) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, Public Law 111-
203; (3) the National Transit Systems Security Act, 6 U.S.C. 1142; (4) 
the Federal Railroad Safety Act, 49 U.S.C. 20109; (5) Section 40 of the 
Consumer Product Safety Improvement Act, 15 U.S.C. 2087; and (6) makes 
other modifications to reflect the above new responsibilities. This 
revised Order also reflects recent organizational changes within the 
Department of Labor and makes other technical changes. All other 
authorities and responsibilities set forth in this Order were delegated 
or assigned previously to the Assistant Secretary for OSHA in 
Secretary's Order 5-2007, 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, and whistleblower programs and activities of the 
Department of Labor, except as provided in paragraph 4.a.(2) below, 
under the designated provisions of the following laws:
    (a) Occupational Safety and Health Act of 1970, 29 U.S.C. 651, et 
seq.
    (b) Walsh-Healey Public Contracts Act of 1936, as amended, 41 
U.S.C. 35, 37-41, 43-45.
    (c) McNamara-O'Hara Service Contract Act of 1965, as amended, 41 
U.S.C. 351-354, 356-357.
    (d) Contract Work Hours and Safety Standards Act, as amended, 40 
U.S.C. 329, 333.
    (e) Maritime Safety Act of 1958, 33 U.S.C. 941.
    (f) National Foundation on the Arts and the Humanities Act of 1965, 
20 U.S.C. 954(m)(2).
    (g) 5 U.S.C. 7902 and any executive order thereunder, including 
Executive

[[Page 55356]]

Order 12196 (``Occupational Safety and Health Programs for Federal 
Employees'') (February 26, 1980).
    (h) Surface Transportation Assistance Act of 1982, 49 U.S.C. 31105.
    (i) Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. 2651.
    (j) International Safe Container Act, 46 U.S.C. 80507.
    (k) Safe Drinking Water Act, 42 U.S.C. 300j-9(i).
    (l) Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851.
    (m) Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, 42 U.S.C. 9610(a)-(d).
    (n) Federal Water Pollution Control Act, 33 U.S.C. 1367.
    (o) Toxic Substances Control Act, 15 U.S.C. 2622.
    (p) Solid Waste Disposal Act, 42 U.S.C. 6971.
    (q) Clean Air Act, 42 U.S.C. 7622.
    (r) Wendell H. Ford Aviation Investment and Reform Act For the 21st 
Century, 49 U.S.C. 42121.
    (s) Sarbanes-Oxley Act of 2002, 18 U.S.C. 1514A.
    (t) Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60129.
    (u) National Transit Systems Security Act, 6 U.S.C. 1142.
    (v) Federal Railroad Safety Act, 49 U.S.C. 20109.
    (w) Patient Protection and Affordable Care Act amendment to the 
Fair Labor Standards Act, 29 U.S.C. 218C.
    (x) Section 1057 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act., Public Law No. 111-203.
    (y) Section 40 of the Consumer Product Safety Improvement Act, 15 
U.S.C. 2087.
    (z) Responsibilities of the Secretary of Labor with respect to 
safety and health, or whistleblower provisions of any other Federal law 
except those responsibilities which are assigned to another DOL agency.
    (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 Administrator, Wage and Hour Division 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 paragraph 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 Solicitor of Labor is responsible for providing legal advice 
and assistance to all Department of Labor officials relating to 
implementation and administration of all aspects of this Order. 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.
    D. 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 applicable law and Secretary's 
orders.
    (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 Secretary 
for Occupational Safety and Health.
    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 paragraph 4.a. above is 
reserved to the Secretary.
    B. No delegation of authority or assignment of responsibility under 
this order will be deemed to affect the Secretary's authority to 
continue to exercise or further delegate such authority or 
responsibility.
    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 1-2010 (January 15, 2010).
    6. Effective Date. This delegation of authority and assignment of 
responsibility is effective immediately.

    Dated: September 2, 2010.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2010-22656 Filed 9-9-10; 8:45 am]
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