41 C.F.R. PART 50–205—ENFORCEMENT OF SAFETY AND HEALTH STANDARDS BY STATE OFFICERS AND EMPLOYEES
Title 41 - Public Contracts and Property Management
Authority: Sec. 4, 49 Stat. 2038, 41 U.S.C. 38. Interpret or apply sec. 1, 49 Stat. 2036, 41 U.S.C. 35.
Source: 27 FR 1270, Feb. 10, 1962, unless otherwise noted.
The Walsh-Healey Public Contracts Act authorizes and directs the Secretary of Labor to utilize, with the consent of a State, such State and local officers and employees as he may find necessary to assist in the administration of the Act. It is the purpose of this part to prescribe the rules governing the use of such State and local officers in inspections (or investigations) relating to the enforcement of the stipulation required by the Act providing that no part of a contract subject thereto will be performed nor will any materials, supplies, articles, or equipment to be manufactured or furnished under such a contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of the contract, and the enforcement of the safety and health standards interpreting and applying that stipulation published in Part 50–204 of this chapter. (a) Act means the Walsh-Healey Public Contracts Act. (b) Secretary means the Secretary of Labor. (c) State agency means any authority of a State government which is responsible for the enforcement of State laws or regulations prescribing safety and health standards for employees. (d) Director means the Director, Bureau of Labor Standards or his duly authorized representative. (41 U.S.C. 40; 5 U.S.C. 556) [27 FR 1270, Feb. 10, 1962, as amended at 32 FR 7704, May 26, 1967] The Secretary may enter into an agreement with the head of a State agency providing for the use of State or local officers and employees in the conduct of inspections under the safety and health provisions of the Act as interpreted or applied in Part 50–204 of this chapter whenever he finds that the utilization of such State or local officers is necessary to assist in the administration of those provisions. In making such a finding, consideration may be given to the State laws or regulations administered by the State agency providing safety and health standards, the central and field organization of the State agency, and the qualifications of its investigative personnel. Each agreement under this part shall incorporate a plan of cooperation between the Department of Labor and the State agency. The plan shall include the operative details of the cooperation contemplated in the making of safety and health inspections. The plan shall include a statement of the location of the State offices designated to make inspections and those of the Department of Labor designated to cooperate with such State offices. Inspections shall be conducted by the State agency with whom an agreement has been made under this part in order to determine the extent of compliance by Government contractors subject to the Act (as determined by the Department of Labor) with the safety and health provisions interpreted or applied in Part 50–204 of this chapter. Inspectors of the State agency shall be considered authorized representatives of the Secretary of Labor in making inspections including the examining of the records of the Government contractor maintained under §§50–201.501 and 50–201.502 of this chapter. Inspections shall be made upon request of the Department of Labor or concurrently with inspections made to ascertain the compliance by employers with State safety and health requirements. When a complaint of alleged safety and health violations by an employer apparently subject to the Act is filed with a State agency, that agency shall transmit a copy of the complaint to the cooperating office of the Department of Labor within 5 days from the receipt of the complaint. All complaints shall be considered confidential and shall not be disclosed to any employer without the consent of the complainant. The Director shall provide the State agency with a manual of instructions which shall be used in the making of inspections. (41 U.S.C. 40; 5 U.S.C. 556) [32 FR 7704, May 26, 1967] The State agency shall furnish the Department of Labor with a report of its inspection when the following circumstances exist: (a) The inspection was requested by the Department of Labor; (b) The inspection discloses serious violations of the safety and health requirements of Part 50–204 of this chapter by an employer apparently subject to the Act; (c) The inspection discloses minor violations of the safety and health requirements of Part 50–204 of this chapter by an employer apparently subject to the Act which are not corrected promptly when such apparent violations are brought to the attention of the employer or as to which fully reliable assurances of future compliance are not or cannot be obtained. The Director may conduct such inspections as he may find appropriate to assure compliance with the safety and health provisions of the Act or whenever he may find that a safety and health inspection should be carried out along with investigation under other provisions of the Act or the Fair Labor Standards Act of 1938. Whenever an inspection by the Director discloses apparent violations of State safety and health requirements, the Director shall report such disclosures to the State agency. (41 U.S.C. 40; 5 U.S.C. 556) [32 FR 7704, May 26, 1967] Any agreement entered into this part may be modified at any time with the consent of both parties, and may be terminated by either party after notifying the other party 60 days prior thereto.
Title 41: Public Contracts and Property Management
PART 50–205—ENFORCEMENT OF SAFETY AND HEALTH STANDARDS BY STATE OFFICERS AND EMPLOYEES
Section Contents
§ 50-205.1 Purpose and scope.
§ 50-205.2 Definitions.
§ 50-205.3 Agreement with a State agency.
§ 50-205.4 Plan of cooperation.
§ 50-205.5 Inspections by State agency.
§ 50-205.6 Complaints.
§ 50-205.7 Manual of instructions.
§ 50-205.8 Reports of inspections.
§ 50-205.9 Inspections by the Department of Labor.
§ 50-205.10 Modification or termination of agreement.
§ 50-205.1 Purpose and scope.
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§ 50-205.2 Definitions.
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§ 50-205.3 Agreement with a State agency.
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§ 50-205.4 Plan of cooperation.
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§ 50-205.5 Inspections by State agency.
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§ 50-205.6 Complaints.
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§ 50-205.7 Manual of instructions.
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§ 50-205.8 Reports of inspections.
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§ 50-205.9 Inspections by the Department of Labor.
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§ 50-205.10 Modification or termination of agreement.
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