[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3912-3913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1448]



[[Page 3911]]

Vol. 77

Wednesday,

No. 16

January 25, 2012

Part III





 Department of Labor





-----------------------------------------------------------------------





 Delegation of Authority and Assignment of Responsibility to the 
Assistant Secretary for Occupational Safety and Health; Notice

  Federal Register / Vol. 77 , No. 16 / Wednesday, January 25, 2012 / 
Notices  

[[Page 3912]]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 1-2012]


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 Affordable Care Act amendment to the Fair Labor Standards 
Act, 29 U.S.C. 218C and the associated Fair Labor Standards Act 
authorities in sections 9 and 11 (29 U.S.C. 209 and 211) to issue 
subpoenas and conduct investigations; Section 1057 of the Dodd-Frank 
Wall Street Reform and Consumer Protection Act, Public Law 111-203; the 
Seaman's Protection Act, 46 U.S.C. 2114 (SPA), as amended by Section 
611 of the Coast Guard Authorization Act of 2010, Public Law 111-281; 
and Section 402 of the FDA Food Safety Modernization Act, Public Law 
111-353.
    B. Directives Affected. Secretary's Order 4-2010 is hereby 
superseded by this Order.
    3. Background. This Order constitutes the basic Secretary's Order 
for the Occupational Safety and Health Administration (OSHA), 
superseding Order 4-2010. This Order amends the delegation and 
assignment of responsibility to OSHA for enforcement of Section 18C 
(protection of employees under Title I of the Affordable Care Act) of 
the Fair Labor Standards Act (29 U.S.C. 218C), as added by Section 1558 
of the Affordable Care Act of 2010, Public Law 111-148, to clarify that 
OSHA's authority under Section 18C of the Fair Labor Standards Act 
includes the associated Fair Labor Standards Act authorities in 
sections 9 and 11 (29 U.S.C. 209 and 211) to issue subpoenas and 
conduct investigations. This delegation and assignment of 
responsibility to OSHA under Section 18C of the Fair Labor Standards 
Act, along with the associated subpoena and investigations authority, 
is also set forth in Secretary's Order 5-2010, Delegation of 
Authorities and Assignment of Responsibilities to the Administrator, 
Wage and Hour Division, Sept. 2, 2010. This Order also delegates and 
assigns responsibility to OSHA for enforcement of (1) the Seaman's 
Protection Act, 46 U.S.C. 2114 (SPA), as amended by Section 611 of the 
Coast Guard Authorization Act of 2010, Public Law 111-281; and (2) 
Section 402 of the FDA Food Safety Modernization Act, Public Law 111-
353. 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 4-2010, 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 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) Affordable Care Act amendment to the Fair Labor Standards Act, 
29 U.S.C. 218C. Authority and responsibility for section 18C of the 
FLSA (29 U.S.C. 218C) and the associated FLSA authorities in sections 9 
and 11 (29 U.S.C. 209 and 211) to issue subpoenas and conduct 
investigations under section 18C are delegated and assigned to the 
Assistant Secretary for Occupational Safety and Health.
    (x) Section 1057 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act., Public Law 111-203.
    (y) Section 40 of the Consumer Product Safety Improvement Act, 15 
U.S.C. 2087.

[[Page 3913]]

    (z) Seaman's Protection Act, 46 U.S.C. 2114 (SPA), as amended by 
Section 611 of the Coast Guard Authorization Act of 2010, Public Law 
111-281.
    (aa) Section 402 of the FDA Food Safety Modernization Act, Public 
Law 111-353.
    (bb) 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.
    E. The Regional Administrators for Occupational Safety and Health 
are also hereby delegated authority and assigned responsibility to 
issue subpoenas and conduct investigations under Sections 9 and 11 of 
the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209 and 
211, in cases arising under section 18C of the FLSA, 29 U.S.C. 218C.
    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: January 18, 2012.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2012-1448 Filed 1-24-12; 8:45 am]
BILLING CODE 4510-23-P