                                       
                         SUPPORTING STATEMENT FOR THE 
                    INFORMATION COLLECTION REQUIREMENTS IN
                THE TEMPORARY LABOR CAMPS STANDARD (1910.142) 
                     OFFICE OF MANAGEMENT AND BUDGET (OMB)
                      CONTROL NO. 1218-0096 (April 2022)
                                       
This is a request to extend a currently approved data collection.

 JUSTIFICATION					
   
 Explain the circumstances that make the collection of information necessary.   Identify any legal or administrative requirements that necessitate the collection.  Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The main purpose of the Occupational Safety and Health Act ("OSH Act or "Act'') is to "assure" so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources' (29 U.S.C. 651) to achieve this objective, the OSHA Act specifically authorizes the development and promulgation of occupational safety and health standards" (29 U.S.C. 651).  The Act states further that "[t]he Secretary ... shall prescribe such rules and regulations as [he/she] may deem necessary to carry out [his/her] responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment" (29 U.S.C 651).

To protect worker health, the OSH Act authorizes the Occupational Safety and Health Administration ("OSHA" or "Agency") to develop standards that provide for "monitoring or measuring worker exposure" to occupational hazards and "prescribe the type and frequency of medical examinations and other tests which shall be made available [by the employer] to workers exposed to such hazards . . . to most effectively determine whether the health of such workers is adversely affected by such exposure" (29 U.S.C. 655).  Moreover, the Act directs OSHA to "issue regulations requiring employers to maintain accurate records of worker exposures to potentially toxic materials or other harmful physical agents which are required to be monitored and measured . . . " (29 U.S.C. 657).  In addition, the OSH Act mandates that "[e]ach employer shall make, keep, and preserve, and make available to the Secretary [of Labor] . . . such records regarding [the employer's] activities relating to this Act as the Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this Act . . . " (29 U.S.C. 657).

The Act authorizes the agency to issue standards that "prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that workers are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure" (29 U.S.C. 655).  Additionally, the OSH Act mandates that "[e]ach employer shall make, keep, and preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this Act . . ." (29 U.S.C. 657).

Pursuant to its statutory authority, OSHA promulgated an occupational health standard covering living conditions in temporary labor camps (29 CFR 1910.142).  The specific information collection provisions of the Temporary Labor Camps Standard require employers to report to the local public health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease.  Employers are also required to notify local public health authorities of each occurrence of a suspected case of food poisoning or of an unusual prevalence of any illnesses in which fever, diarrhea, sore throat, vomiting, or jaundice is a prevalent symptom.  These reporting requirements are necessary to minimize the possibility of communicable disease epidemics spreading throughout the camps and endangering the health of the camp residents.  In addition, the standard requires marking "for men" and "for women" on certain toilet rooms.

 Indicate how, by whom, and for what purpose the information is used.  Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The primary purpose of these requirements is to limit the incidence of communicable disease outbreaks in temporary labor camps.  Compliance with this aspect of the standard is necessary to maintain a safe and healthful work environment.

Reporting Communicable Disease (§1910.142(l))

The standard requires the camp superintendent to report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having an infectious disease.  Whenever there is a case of suspected food poisoning or an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, employers must report this to the local health authority by telegram, telephone, electronic mail, or any method that is equally as fast.

Toilet Facilities (§1910.142(d))

The standard requires that where the toilet rooms are shared, separate toilet rooms must be provided for each sex.  These rooms must be marked "for men" and "for women" by signs printed in English and the native language of the persons occupying the camp or marked with easily understandable pictures or symbols. 

OSHA is taking no burden for marking the toilet rooms with "for men" and "for women."  Regulation 5 CFR 1320.3(c) exempts "public disclosure of information originally supplied by the Federal government to the recipient for disclosure to the public" from the definition of a collection of information.  OSHA believes any additional marking of toilets indicating for use by men or women is a usual and customary activity.

 Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also, describe any consideration of using information technology to reduce burdens.

To comply with the requirement to report outbreaks immediately, it is expected, but not required, that employers will use the telephone to report the necessary information to local health officials.  For informing health authorities of food poisoning or specific symptoms of illness, the standard states that the camp supervisor shall inform health authorities by telegram, telephone, electronic mail, or any method that is equally as fast.

 Describe efforts to identify duplication.  Show specifically why any similar information already available cannot be used or modified for the purposes described in Item A.2. above.

No other Federal agency requires reporting this type of health information by labor camp superintendents. 

5.	If the information collection impacts small businesses or other small entities, describe any methods used to minimize the burden.

The burden of the requirements is an equal obligation for all employers who operate temporary labor camps.  The collections of information do not have a significant economic impact on many small entities. 

    Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The reporting frequencies specified in the standard are the minimum necessary to protect the safety and health of workers and, in particular, to assure that the camp superintendent alerts local health authorities regarding potentially communicable disease out-breaks among temporary labor camp residents.

 Explain any special circumstances that would cause an information collection to be 
	conducted in a manner:

 requiring respondents to report information to the agency more often than quarterly;

 requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

 requiring respondents to submit more than an original and two copies of any document;
 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years; 

 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

 requiring the use of a statistical data classification that has not been reviewed and approved by OMB; 

 that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

 requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

No special circumstances exist that require the employer to collect information in the manner discussed in item 7.

    If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.  Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments.  Specifically address comments received on cost and hour burden.

         Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
         
         Consultation with representatives of those from whom information is to be 
         obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods.  There may be circumstances that may preclude consultation in a specific situation.  These circumstances should be explained.
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register on (April 27, 2022) (87 FR 25047) soliciting comments on its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified by the Standard on Temporary Labor Camps (29 CFR 1910.142) (docket number OSHA-2012-0012). This notice is a part of a preclearance consultation program that provides the general public and government agencies with an opportunity to comment. The agency will respond to any comments submitted in response to this notice.   

 Explain any decision to provide any payment or gift to respondents, other than
   remuneration of contractors or grantees.

The agency will not provide any payments or gifts.
	
 Describe any assurance of confidentiality provided to respondents and the basis for the 
	assurance in statute, regulation, or agency policy.

As this regulation does not require submitting any confidential information to the Federal government, assurances of confidentiality are not applicable.

 Provide additional justification for any questions of a sensitive nature, such as sexual
    	behavior and attitudes, religious beliefs, and other matters that are commonly considered private.  This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no provisions in this standard requiring that questions of a sensitive nature be asked.

  Provide estimates of the hour burden of the collection of information.  The statement should:

 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.  Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates.  Consultation with a sample (fewer than 10) of potential respondents is desirable.  If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.  Generally, estimates should not include burden hours for customary and usual business practices.

 If this request for approval covers more than one form, provide separate hour burden estimates for each form.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories.   The cost of contracting out or paying outside parties for information collection activities should not be included here.  Instead, this cost should be included in Item 14.

Respondent Burden Hour and Cost Burden Determinations

The burden hours and costs are calculated based on provisions contained in paragraphs (l)(1) and (l)(2) of the standard.  The temporary labor camp superintendent must report to local health officials: (1) the names and addresses of persons known to have or suspected of having a communicable disease; and (2) the occurrence of any case of suspected food poisoning or an unusual prevalence of any illnesses in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom among residents of temporary labor camps.

To estimate the burden hours for temporary labor camp superintendents to report the information described above to local public health officials, the agency determined how frequently migrant workers would have a communicable disease or any of the health symptoms mentioned above.  OSHA used data from the Centers for Disease Control and Prevention (CDC) WONDER to determine this frequency.  According to the CDC WONDER, the total reported incidents of notifiable diseases in the United States in 2019 was 1,028 per 100,000 people.  To estimate burden hours and costs associated with the Temporary Labor Camps Standard, OSHA uses this value even though the list of CDC notifiable diseases is more inclusive than reportable "communicable diseases."  This overestimates, however, is partially offset by the fact that labor camp superintendents must also report the unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prevalent symptom. These symptoms may result from illness or diseases that may not be reported to CDC.

                                       
While some States have individual data on farm labor camps frequently cited in reports, the Agency could not find an estimate for the total number of temporary labor camps or the number of workers living in such camps.  According to the National Agricultural Workers Survey (NAWS) and the U.S. Department of Labor, approximately 56,160 migrant crop workers live in employer-owned or administered housing. OSHA has no means to determine how many of these migrant crop workers live in temporary labor camps; therefore, the Agency estimates that all 56,160 workers discussed above do so. While this method is likely overestimated, the number of migrant workers living in temporary labor camps is partially offset by the likely underestimating of the number of non-migrant workers living in temporary labor camps.

Wage Rates

The Agency uses a wage rate of $53.44 for a Farmer, Rancher, and Other Agricultural Manager.

The Agency determined the wage rate from mean hourly wage earnings to represent the cost of employee time.  OSHA used the wage rates reported in the Bureau of Labor Statistics, U.S. Department of Labor, Occupational Employment and Wage Statistics (OEWS), May 2020 [date accessed: February 9, 2022]. (OEWS data is available at https://www.bls.gov/oes/tables.htm. To access a wage rate, select the year, "Occupation Profiles," and the Standard Occupational Classification (SOC) code.)

To account for fringe benefits, the Agency used the Bureau of Labor Statistics' (BLS) Occupational Employment Statistics (OES) (March 2021).  Fringe markup is from the following BLS release:   Employer Costs for Compensation news release text released 10:00 AM (EDT), (https://www.bls.gov/news.release/pdf/ecec.pdf). [date accessed: February 9, 2022].  BLS reported that fringe benefits accounted for 30.9 percent of total compensation and wages accounted for the remaining 69.1 percent for civilian workers.  The Agency divided the mean hourly wage by 69.1 percent to calculate the loaded hourly wage for each occupation.



  
                        Table 1 -- WAGE HOUR ESTIMATES
Occupational Title
Standard Occupation Code
Mean Hourly Wage Rate
   (A)
Fringe Benefits 
  (B)
Loaded Hourly Wage Rate
 (C)=(A)(1/1-(B))
Farmers, Ranchers, and Other Agricultural Manager
11-9013
$36.93
30.9%

$53.44
  
 
Reporting Communicable Disease (§1910.142(l))

OSHA estimates that approximately 577 cases of such disease and symptoms (0.01028 of 56,160) are reported by temporary labor camp supervisors each year. The time required to report each incident to local public health authorities has been estimated to be five minutes (5/60 hour) of the supervisor's time. 

	Burden hours:  577 reports x 5/60 hours per report = 48 hours

              Costs:   48 hours x 53.44 = $2,565.12



 		


      
      Table 2. Estimated Annualized Respondent Hour and Cost Burden Table
                      Information collection Requirement
                                     Type 
                                 of Respondent
                                    Number 
                                of Respondents
                      Number of Responses per Respondent
                                 Total Number
                                  of Responses


                         Average Burden per Responses
                                  (In. Hrs.)
                              Total Burden Hours
                            Avg. Hourly Wage Rate*
                                 Total Burden
                                     Costs
Reporting Communicable Disease (§1910.142(l))

Farmers, Ranchers, and Other Agricultural Manager
                                    56,160
                                    0.01028
                                      577
                                     5/60 
                                       48
                                    $53.44
$2,565.12
Totals

                                       
                                      --
                                      577
                                       
                                      48
                                      --
                                   $2,565.12


 Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.  (Do not include the cost of any hour burden shown in Items 12 and 14).

 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component.  The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information.  Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.  Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.

 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance.  The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate.  In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government or (4) as part of customary and usual business or private practices.

All costs are listed under item #12.
	
 Provide estimates of annualized cost to the Federal Government.  Also, provide a
    description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.  Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

There is no cost to the Federal Government associated with this information collection request.


15.	Explain the reasons for any program changes or adjustments.

The agency is requesting an adjustment increase in the number burden hour from 47 hours to 48 hours, a total difference of 1 hour. Burden Hours and costs are calculated on provisions contained in paragraph (l)(1) and (l)(2) of the standard. There was an increase in the number of cases from 564 to 577 because of the increase in the incidents reported of notifiable diseases from 870 per 100,000 to 1,028 per 100,000 people. 

16.	For collections of information whose results will be published, outline plans for 
	tabulation and publication.  Address any complex analytical techniques that will be
	used.  Provide the time schedule for the entire project, including beginning and 
	ending dates of the collection of information, completion of report, publication dates, 
	and other actions.

The information collected under the Temporary Labor Camps Standard will not be published.

17.		If seeking approval to not display the expiration date for OMB approval of the 
		information collection, explain the reasons that display would be inappropriate.

OSHA lists current valid control numbers in §§1910.8, 1915.8, 1917.4, 1918.4 and 1926.5 and publishes the expiration dates in the Federal Register notice announcing OMB approval of the information collection requirement (see 5 CFR 1320.3(f) (3)).   OSHA believes that this is the most appropriate and accurate mechanism to inform interested parties of these expiration dates.
 
18.		Explain each exception to the certification statement. 

OSHA is not requesting an exception to the certification statement.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS.

This supporting statement does not contain any collection of information requirements that employ statistical methods.


Electronic Code of Federal Regulations
e-CFR data is current as of February 9, 2022
                                       
Title 29 --> Subtitle B --> Chapter XVII --> Part 1910
                                       

§ 1910.142 Temporary labor camps.
  (a) Site. 
   (1) All sites used for camps shall be adequately drained. They shall not be subject to periodic flooding, nor located within 200 feet of swamps, pools, sink holes, or other surface collections of water unless such quiescent water surfaces can be subjected to mosquito control measures. The camp shall be located so the drainage from and through the camp will not endanger any domestic or public water supply. All sites shall be graded, ditched, and rendered free from depressions in which water may become a nuisance. 
   (2) All sites shall be adequate in size to prevent overcrowding of necessary structures. The principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept. 
   (3) The grounds and open areas surrounding the shelters shall be maintained in a clean and sanitary condition free from rubbish, debris, waste paper, garbage, or other refuse. 
  (b) Shelter. 
   (1) Every shelter in the camp shall be constructed in a manner which will provide protection against the elements. 
   (2) Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant. At least a 7-foot ceiling shall be provided. 
   (3) Beds, cots, or bunks, and suitable storage facilities such as wall lockers for clothing and personal articles shall be provided in every room used for sleeping purposes. Such beds or similar facilities shall be spaced not closer than 36 inches both laterally and end to end, and shall be elevated at least 12 inches from the floor. If double-deck bunks are used, they shall be spaced not less than 48 inches both laterally and end to end. The minimum clear space between the lower and upper bunk shall be not less than 27 inches. Triple-deck bunks are prohibited. 
   (4) The floors of each shelter shall be constructed of wood, asphalt, or concrete. Wooden floors shall be of smooth and tight construction. The floors shall be kept in good repair. 
   (5) All wooden floors shall be elevated not less than 1 foot above the ground level at all points to prevent dampness and to permit free circulation of air beneath. 
   (6) Nothing in this section shall be construed to prohibit "banking" with earth or other suitable material around the outside walls in areas subject to extreme low temperatures. 
   (7) All living quarters shall be provided with windows the total of which shall be not less than one-tenth of the floor area. At least one-half of each window shall be so constructed that it can be opened for purposes of ventilation. 
   (8) All exterior openings shall be effectively screened with 16-mesh material. All screen doors shall be equipped with self-closing devices. 
   (9) In a room where workers cook, live, and sleep a minimum of 100 square feet per person shall be provided. Sanitary facilities shall be provided for storing and preparing food. 
   (10) In camps where cooking facilities are used in common, stoves (in ratio of one stove to 10 persons or one stove to two families) shall be provided in an enclosed and screened shelter. Sanitary facilities shall be provided for storing and preparing food. 
   (11) All heating, cooking, and water heating equipment shall be installed in accordance with State and local ordinances, codes, and regulations governing such installations. If a camp is used during cold weather, adequate heating equipment shall be provided. 
  (c) Water supply. 
   (1) An adequate and convenient water supply, approved by the appropriate health authority, shall be provided in each camp for drinking, cooking, bathing, and laundry purposes. 
   (2) A water supply shall be deemed adequate if it is capable of delivering 35 gallons per person per day to the campsite at a peak rate of 21⁄2 times the average hourly demand. 
   (3) The distribution lines shall be capable of supplying water at normal operating pressures to all fixtures for simultaneous operation. Water outlets shall be distributed throughout the camp in such a manner that no shelter is more than 100 feet from a yard hydrant if water is not piped to the shelters. 
   (4) Where water under pressure is available, one or more drinking fountains shall be provided for each 100 occupants or fraction thereof. Common drinking cups are prohibited. 
  (d) Toilet facilities. 
   (1) Toilet facilities adequate for the capacity of the camp shall be provided. 
   (2) Each toilet room shall be located so as to be accessible without any individual passing through any sleeping room. Toilet rooms shall have a window not less than 6 square feet in area opening directly to the outside area or otherwise be satisfactorily ventilated. All outside openings shall be screened with 16-mesh material. No fixture, water closet, chemical toilet, or urinal shall be located in a room used for other than toilet purposes. 
   (3) A toilet room shall be located within 200 feet of the door of each sleeping room. No privy shall be closer than 100 feet to any sleeping room, dining room, lunch area, or kitchen. 
   (4) Where the toilet rooms are shared, such as in multifamily shelters and in barracks type facilities, separate toilet rooms shall be provided for each sex. These rooms shall be distinctly marked "for men" and "for women" by signs printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols. If the facilities for each sex are in the same building, they shall be separated by solid walls or partitions extending from the floor to the roof or ceiling. 
   (5) Where toilet facilities are shared, the number of water closets or privy seats provided for each sex shall be based on the maximum number of persons of that sex which the camp is designed to house at any one time, in the ratio of one such unit to each 15 persons, with a minimum of two units for any shared facility. 
   (6) Urinals shall be provided on the basis of one unit or 2 linear feet of urinal trough for each 25 men. The floor from the wall and for a distance not less than 15 inches measured from the outward edge of the urinals shall be constructed of materials impervious to moisture. Where water under pressure is available, urinals shall be provided with an adequate water flush. Urinal troughs in privies shall drain freely into the pit or vault and the construction of this drain shall be such as to exclude flies and rodents from the pit. 
   (7) Every water closet installed on or after August 31, 1971, shall be located in a toilet room. 
   (8) Each toilet room shall be lighted naturally, or artificially by a safe type of lighting at all hours of the day and night. 
   (9) An adequate supply of toilet paper shall be provided in each privy, water closet, or chemical toilet compartment. 
   (10) Privies and toilet rooms shall be kept in a sanitary condition. They shall be cleaned at least daily. 
  (e) Sewage disposal facilities. In camps where public sewers are available, all sewer lines and floor drains from buildings shall be connected thereto. 
  (f) Laundry, handwashing, and bathing facilities. 
   (1) Laundry, handwashing, and bathing facilities shall be provided in the following ratio: 
     (i) Handwash basin per family shelter or per six persons in shared facilities. 
     (ii) Shower head for every 10 persons. 
     (iii) Laundry tray or tub for every 30 persons. 
     (iv) Slop sink in each building used for laundry, hand washing, and bathing. 
   (2) Floors shall be of smooth finish but not slippery materials; they shall be impervious to moisture. Floor drains shall be provided in all shower baths, shower rooms, or laundry rooms to remove waste water and facilitate cleaning. All junctions of the curbing and the floor shall be coved. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash. 
   (3) An adequate supply of hot and cold running water shall be provided for bathing and laundry purposes. Facilities for heating water shall be provided. 
   (4) Every service building shall be provided with equipment capable of maintaining a temperature of at least 70 °F. during cold weather. 
   (5) Facilities for drying clothes shall be provided. 
   (6) All service buildings shall be kept clean. 
  (g) Lighting. Where electric service is available, each habitable room in a camp shall be provided with at least one ceiling-type light fixture and at least one separate floor- or wall-type convenience outlet. Laundry and toilet rooms and rooms where people congregate shall contain at least one ceiling- or wall-type fixture. Light levels in toilet and storage rooms shall be at least 20 foot-candles 30 inches from the floor. Other rooms, including kitchens and living quarters, shall be at least 30 foot-candles 30 inches from the floor. 
  (h) Refuse disposal. 
   (1) Fly-tight, rodent-tight, impervious, cleanable or single service containers, approved by the appropriate health authority shall be provided for the storage of garbage. At least one such container shall be provided for each family shelter and shall be located within 100 feet of each shelter on a wooden, metal, or concrete stand. 
   (2) Garbage containers shall be kept clean. 
   (3) Garbage containers shall be emptied when full, but not less than twice a week. 
  (i) Construction and operation of kitchens, dining hall, and feeding facilities. 
   (1) In all camps where central dining or multiple family feeding operations are permitted or provided, the food handling facilities shall comply with the requirements of the "Food Service Sanitation Ordinance and Code," Part V of the "Food Service Sanitation Manual," U.S. Public Health Service Publication 934 (1965), which is incorporated by reference as specified in § 1910.6. 
   (2) A properly constructed kitchen and dining hall adequate in size, separate from the sleeping quarters of any of the workers or their families, shall be provided in connection with all food handling facilities. There shall be no direct opening from living or sleeping quarters into a kitchen or dining hall. 
   (3) No person with any communicable disease shall be employed or permitted to work in the preparation, cooking, serving, or other handling of food, foodstuffs, or materials used therein, in any kitchen or dining room operated in connection with a camp or regularly used by persons living in a camp. 
  (j) Insect and rodent control. Effective measures shall be taken to prevent infestation by and harborage of animal or insect vectors or pests. 
  (k) First aid. 
   (1) Adequate first aid facilities approved by a health authority shall be maintained and made available in every labor camp for the emergency treatment of injured persons. 
   (2) Such facilities shall be in charge of a person trained to administer first aid and shall be readily accessible for use at all times. 
  (l) Reporting communicable disease. 
   (1) It shall be the duty of the camp superintendent to report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease. 
   (2) Whenever there shall occur in any camp a case of suspected food poisoning or an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, it shall be the duty of the camp superintendent to report immediately the existence of the outbreak to the health authority by telegram, telephone, electronic mail or any other method that is equally fast. 
[39 FR 23502, June 27, 1974, as amended at 47 FR 14696, Apr. 6, 1982; 49 FR 18295, Apr. 30, 1984; 61 FR 9238, Mar. 7, 1996; 63 FR 33466, June 18, 1998; 70 FR 1141, Jan. 5, 2005; 70 FR 53929, Sept. 13, 2005]

SEC. 2. Congressional Findings and Purpose

29 USC 651

(a)
The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.
(b)
The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources --
 
(1)
by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(2)
by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;
(3)
by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act;
(4)
by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;
(5)
by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;
(6)
by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;
(7)
by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;
(8)
by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health; affecting the OSH Act since its passage in 1970 through January 1, 2004.
(9)
by providing for the development and promulgation of occupational safety and health standards;
(10)
by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;
(11)
by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith;
(12)
 by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem;
(13)
 by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

SEC. 6.  Occupational Safety and Health Standards

29 USC655


(a)
Without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees.
(b)
The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:
(1)
Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendations of an advisory committee appointed under section 7 of this Act. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days.
(2)
The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee's recommendations or the expiration of the period prescribed by the Secretary for such submission.
(3)
On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefor and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing.
(4)
Within sixty days after the expiration of the period provided for the submission of written data or comments under paragraph (2), or within sixty days after the completion of any hearing held under paragraph (3), the Secretary shall issue a rule promulgating, modifying, or revoking an occupational safety or health standard or make a determination that a rule should not be issued. Such a rule may contain a provision delaying its effective date for such period (not in excess of ninety days) as the Secretary determines may be necessary to insure that affected employers and employees will be informed of the existence of the standard and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the standard.
(5)
The Secretary, in promulgating standards dealing with toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life. Development of standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(6)
 
(A)
Any employer may apply to the Secretary for a temporary order granting a variance from a standard or any provision thereof promulgated under this section. Such temporary order shall be granted only if the employer files an application which meets the requirements of clause (B) and establishes that --
(i)
he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date,
(ii)
he is taking all available steps to safeguard his employees against the hazards covered by the standard, and
(iii)
he has an effective program for coming into compliance with the standard as quickly as practicable.
Any temporary order issued under this paragraph shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing: Provided, That the Secretary may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more that twice (I) so long as the requirements of this paragraph are met and (II) if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days.
(B)
An application for temporary order under this paragraph (6) shall contain:
(i)
a specification of the standard or portion thereof from which the employer seeks a variance,
(ii)
a representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor,
(iii)
a statement of the steps he has taken and will take (with specific dates) to protect employees against the hazard covered by the standard,
(iv)
a statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take (with dates specified) to come into compliance with the standard, and
(v)
a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means.

A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the Secretary for a hearing.
(C)
The Secretary is authorized to grant a variance from any standard or portion thereof whenever he determines, or the Secretary of Health and Human Services certifies, that such variance is necessary to permit an employer to participate in an experiment approved by him or the Secretary of Health and Human Services designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
(7)
Any standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. In addition, where appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In the event such medical examinations are in the nature of research, as determined by the Secretary of Health and Human Services, such examinations may be furnished at the expense of the Secretary of Health and Human Services. The results of such examinations or tests shall be furnished only to the Secretary or the Secretary of Health and Human Services, and, at the request of the employee, to his physician. The Secretary, in consultation with the Secretary of Health and Human Services, may by rule promulgated pursuant to section 553 of title 5, United States Code, make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning, monitoring or measuring, and medical examinations, as may be warranted by experience, information, or medical or technological developments acquired subsequent to the promulgation of the relevant standard.
(8)
Whenever a rule promulgated by the Secretary differs substantially from an existing national consensus standard, the Secretary shall, at the same time, publish in the Federal Register a statement of the reasons why the rule as adopted will better effectuate the purposes of this Act than the national consensus standard.
(c)
 
(1)
The Secretary shall provide, without regard to the requirements of chapter 5, title 5, Unites States Code, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines --
(A)
that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and
(B)
that such emergency standard is necessary to protect employees from such danger.
(2)
Such standard shall be effective until superseded by a standard promulgated in accordance with the procedures prescribed in paragraph (3) of this subsection.
(3)
Upon publication of such standard in the Federal Register the Secretary shall commence a proceeding in accordance with section 6 (b) of this Act, and the standard as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a standard under this paragraph no later than six months after publication of the emergency standard as provided in paragraph (2) of this subsection.
(d)
Any affected employer may apply to the Secretary for a rule or order for a variance from a standard promulgated under this section. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The Secretary shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, or by the Secretary on his own motion, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance.
(e)
Whenever the Secretary promulgates any standard, makes any rule, order, or decision, grants any exemption or extension of time, or compromises, mitigates, or settles any penalty assessed under this Act, he shall include a statement of the reasons for such action, which shall be published in the Federal Register.
(f)
Any person who may be adversely affected by a standard issued under this section may at any time prior to the sixtieth day after such standard is promulgated file a petition challenging the validity of such standard with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole.
(g)
In determining the priority for establishing standards under this section, the Secretary shall give due regard to the urgency of the need for mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments. The Secretary shall also give due regard to the recommendations of the Secretary of Health and Human Services regarding the need for mandatory standards in determining the priority for establishing such standards.

SEC 8. Inspections, Investigations, and Recordkeeping

29 USC 657

(a)
In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized --
(1)
to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and
(2)
to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.
(b)
In making his inspections and investigations under this Act the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(c)
 
(1)
Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Act, including the provisions of applicable standards.
(2)
The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(3)
The Secretary, in cooperation with the Secretary of Health and Human Services, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 6. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 6, and shall inform any employee who is being thus exposed of the corrective action being taken.
(d)
Any information obtained by the Secretary, the Secretary of Health and Human Services, or a State agency under this Act shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.
(e)
Subject to regulations issued by the Secretary, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
(f)
 
(1)
Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employees in writing of such determination.
(2)
Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary's final disposition of the case.
(g)
 
(1)
The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section.
(2)
The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment.
(h)
Pub. L. 105-198 added subsection (h).
The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this Act or to impose quotas or goals with regard to the results of such activities.


