Page:United States Statutes at Large Volume 109 Part 1.djvu/33

 PUBLIC LAW 104-1 -JAN. 23, 1995 109 STAT. 17 be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662(a)). (c) PROCEDURES. — (1) REQUESTS FOR INSPECTIONS. —Upon written request of any employing office or covered employee, the General Counsel shall exercise the authorities granted to the Secretary of Labor by subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657 (a), (d), (e), and (f)) to inspect and investigate places of employment under the jurisdiction of employing offices. (2) CITATIONS, NOTICES, AND NOTIFICATIONS.—For purposes of this section, the (General Counsel shall exercise the authorities granted to the Secretary of Labor in sections 9 and 10 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 658 and 659), to issue— (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 General Counsel believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction. (3) HEARINGS AND REVIEW.—If after issuing a citation or notification, the General Counsel determines that a violation has not been corrected, the General Counsel may file a complaint with the Office against the employing office named in the citation or notification. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 405, subject to review by the Board pursuant to section 406. (4) VARIANCE PROCEDURES.— An employing office may request from the Board an order granting a variance from a standard made applicable by this section. For the purposes of this section, the Board shall exercise the authorities granted to the Secretary of Labor in sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on any employing office's request for a variance. The Board shall refer the matter to a hearing officer pursuant to subsections (b) through (h) of section 405, subject to review by the Board pursuant to section 406. (5) JUDICIAL REVIEW.— The General Counsel or employing office aggrieved by a final decision of the Board under paragraph (3) or (4), may file a petition for review with the United States Court of Appeals for the Federal Circuit pursuant to section 407. (6) COMPLIANCE DATE. —If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation is issued, or to comply with an order requiring correction of such a violation, correction or compliance shall take place as soon as possible, but not later than the end of the fiscal year following the fiscal year in which the citation is issued or the order requiring correction becomes final and not subject to further review. (d) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.— The Board shall, pursuant to section 304, issue regulations to implement this section. (2) AGENCY REGULATIONS.— The regulations issued under paragraph (1) shall be the same as substantive regulations 99-194O-95 -2:QL3Part1

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