Regulations (Preambles to Final Rules) - Table of Contents|
| Record Type:||Abatement Verification|
| Title:||Section 4 - IV. Pertinent Legal Authority|
IV. Pertinent Legal Authority
This final regulation is authorized by Sections 8(c)(1), 8(g)(2), and 9(b) of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. 657 and 658. Under Section 8(c)(1) "[e]ach 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." Additionally, pursuant to Section 8(c)(1), the Secretary has authority to issue regulations requiring employers to keep their employees informed of the employers' responsibilities under the Act. Section 8(g)(2) empowers the Secretary of Labor to "prescribe such rules and regulations as he may deem necessary to carry out [his] responsibilities under this Act." Section 9(b) authorizes the Secretary to promulgate regulations associated with the posting of citations.
The Agency's responsibilities under the Act are defined largely by the enumerated purposes, including: Providing for appropriate reporting procedures that will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem (29 U.S.C. 651(b)(12)); developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems (29 U.S.C. 651(b)(5)); and providing an effective enforcement program (29 U.S.C. 651(b)(10)).
For the reasons set forth in the preamble, the Assistant Secretary asserts that this final regulation is necessary and appropriate to conduct enforcement responsibilities under the Act, to develop information about the prevention of occupational accidents and illnesses, and to inform employees of their protections and obligations under the Act.
|Regulations (Preambles to Final Rules) - Table of Contents|