§ 2623. — Employment effects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2623]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2623. Employment effects
(a) In general
The Administrator shall evaluate on a continuing basis the potential
effects on employment (including reductions in employment or loss of
employment from threatened plant closures) of--
(1) the issuance of a rule or order under section 2603, 2604, or
2605 of this title, or
(2) a requirement of section 2604 or 2605 of this title.
(b) Investigations
(1) Any employee (or any representative of an employee) may request
the Administrator to make an investigation of--
(A) a discharge or layoff or threatened discharge or layoff of
the employee, or
(B) adverse or threatened adverse effects on the employee's
employment,
allegedly resulting from a rule or order under section 2603, 2604, or
2605 of this title or a requirement of section 2604 or 2605 of this
title. Any such request shall be made in writing, shall set forth with
reasonable particularity the grounds for the request, and shall be
signed by the employee, or representative of such employee, making the
request.
(2)(A) Upon receipt of a request made in accordance with paragraph
(1) the Administrator shall (i) conduct the investigation requested, and
(ii) if requested by any interested person, hold public hearings on any
matter involved in the investigation unless the Administrator, by order
issued within 45 days of the date such hearings are requested, denies
the request for the hearings because the Administrator determines there
are no reasonable grounds for holding such hearings. If the
Administrator makes such a determination, the Administrator shall notify
in writing the person requesting the hearing of the determination and
the reasons therefor and shall publish the determination and the reasons
therefor in the Federal Register.
(B) If public hearings are to be held on any matter involved in an
investigation conducted under this subsection--
(i) at least five days' notice shall be provided the person
making the request for the investigation and any person identified
in such request,
(ii) such hearings shall be held in accordance with section
2605(c)(3) of this title, and
(iii) each employee who made or for whom was made a request for
such hearings and the employer of such employee shall be required to
present information respecting the applicable matter referred to in
paragraph (1)(A) or (1)(B) together with the basis for such
information.
(3) Upon completion of an investigation under paragraph (2), the
Administrator shall make findings of fact, shall make such
recommendations as the Administrator deems appropriate, and shall make
available to the public such findings and recommendations.
(4) This section shall not be construed to require the Administrator
to amend or repeal any rule or order in effect under this chapter.
(Pub. L. 94-469, title I, Sec. 24, Oct. 11, 1976, 90 Stat. 2045;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989.)
