
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC333]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
          CHAPTER 5--HOURS OF LABOR AND SAFETY ON PUBLIC WORKS
 
         SUBCHAPTER II--CONTRACT WORK HOURS AND SAFETY STANDARDS
 
Sec. 333. Health and safety standards in building trades and 
        construction industry
        

(a) Condition of contracts; proceedings for promulgation of regulations; 
        hearing, consultation with Advisory Committee

    It shall be a condition of each contract (other than a contract 
referred to in section 329(c) of this title) which is entered into under 
legislation subject to Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267), and is for construction, alteration, and/or repair, including 
painting and decorating, that no contractor or subcontractor contracting 
for any part of the contract work shall require any laborer or mechanic 
employed in the performance of the contract to work in surroundings or 
under working conditions which are unsanitary, hazardous, or dangerous 
to his health or safety, as determined under construction safety and 
health standards promulgated by the Secretary by regulation based on 
proceedings pursuant to section 553 of title 5, provided that such 
proceedings include a hearing of the nature authorized by said section. 
In formulating such standards, the Secretary shall consult with the 
Advisory Committee created by subsection (e) of this section.

(b) Compliance with section and regulations: inspections, hearings, 
        orders, findings of fact, and decisions; application of sections 
        38 and 39 of title 41; opportunity for hearing; consequences of 
        noncompliance: cancellation of contracts, completion contracts, 
        additional costs, and withholding of assistance; nonapplication 
        of section 330 of this title

    The Secretary is authorized to make such inspections, hold such 
hearings, issue such orders, and make such decisions based on finding of 
fact, as are deemed necessary to gain compliance with this section and 
any health and safety standard promulgated by the Secretary under 
subsection (a) of this section, and for such purposes the Secretary and 
the United States district courts shall have the authority and 
jurisdiction provided by sections 38 and 39 of title 41. In the event 
that the Secretary of Labor determines noncompliance under the 
provisions of this section after an opportunity for an adjudicatory 
hearing by the Secretary of any condition of a contract of a type 
described in clause (1) or (2) of section 329(a) of this title, the 
governmental agency for which the contract work is done shall have the 
right to cancel the contract, and to enter into other contracts for the 
completion of the contract work, charging any additional cost to the 
original contractor. In the event of noncompliance, as determined by the 
Secretary after an opportunity for an adjudicatory hearing by the 
Secretary, of any condition of a contract of a type described in clause 
(3) of section 329(a) of this title, the governmental agency by which 
financial guarantee, assistance, or insurance for the contract work is 
provided shall have the right to withhold any such assistance 
attributable to the performance of the contract. Section 330 of this 
title shall not apply to the enforcement of this section.

(c) Jurisdiction; cause shown; enforcement of compliance

    The United States district courts shall have jurisdiction for cause 
shown, in any actions brought by the Secretary, to enforce compliance 
with the construction safety and health standard promulgated by the 
Secretary under subsection (a) of this section.

(d) Finding of ineffective protection against violations; transmission 
        of names of violators to Comptroller General; contract awards 
        prohibition; termination of restriction and notification of 
        Comptroller General and Government agencies; judicial review

    (1) If the Secretary determines on the record after an opportunity 
for an agency hearing that, by repeated willful or grossly negligent 
violations of this subchapter, a contractor or subcontractor has 
demonstrated that the provisions of subsections (b) and (c) of this 
section are not effective to protect the safety and health of his 
employees, the Secretary shall make a finding to that effect and shall, 
not sooner than thirty days after giving notice of the findings to all 
interested persons, transmit the name of such contractor or 
subcontractor to the Comptroller General.
    (2) The Comptroller General shall distribute each name so 
transmitted to him to all agencies of the Government. Unless the 
Secretary otherwise recommends, no contract subject to this section 
shall be awarded to such contractor or subcontractor or to any person in 
which such contractor or subcontractor has a substantial interest until 
three years have elapsed from the date the name is transmitted to the 
Comptroller General. If, before the end of such three-year period, the 
Secretary, after affording interested persons due notice and opportunity 
for hearing, is satisfied that a contractor or subcontractor whose name 
he has transmitted to the Comptroller General will thereafter comply 
responsibly with the requirements of this section, he shall terminate 
the application of the preceding sentence to such contractor or 
subcontractor (and to any person in which the contractor or 
subcontractor has a substantial interest); and when the Comptroller 
General is informed of the Secretary's action he shall inform all 
agencies of the Government thereof.
    (3) Any person aggrieved by the Secretary's action under subsections 
(b) or (d) of this section may, within sixty days after receiving notice 
thereof, file with the appropriate United States court of appeals a 
petition for review of such action. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Secretary, who 
shall thereupon file in the court the record upon which he based his 
action, as provided in section 2112 of title 28. The findings of fact by 
the Secretary, if supported by substantial evidence, shall be final. The 
court shall have power to make and enter a decree enforcing, modifying, 
and enforcing as so modified, or setting aside in whole or in part, the 
order of the Secretary or the appropriate Government agency. The 
judgment of the court shall be subject to review by the Supreme Court of 
the United States upon certiorari or certification as provided in 
section 1254 of title 28.

(e) Advisory Committee on Construction Safety and Health; establishment; 
        membership; appointment; representation of interests; advice in 
        formulation of standards, regulations, and policy matters; 
        appointment of experts or consultants; compensation, travel 
        expenses, etc.

    (1) The Secretary shall establish in the Department of Labor an 
Advisory Committee on Construction Safety and Health (hereinafter 
referred to as the ``Advisory Committee'') consisting of nine members 
appointed, without regard to the civil service laws, by the Secretary. 
The Secretary shall appoint one such member as Chairman. Three members 
of the Advisory Committee shall be persons representative of contractors 
to whom this section applies, three members shall be persons 
representative of employees primarily in the building trades and 
construction industry engaged in carrying out contracts to which this 
section applies, and three public representatives who shall be selected 
on the basis of their professional and technical competence and 
experience in the construction health and safety field.
    (2) The Advisory Committee shall advise the Secretary in the 
formulation of construction safety and health standards and other 
regulations, and with respect to policy matters arising in the 
administration of this section. The Secretary may appoint such special 
advisory and technical experts or consultants as may be necessary to 
carry out the functions of the Advisory Committee.
    (3) Members of the Advisory Committee shall, while serving on the 
business of the Advisory Committee, be entitled to receive compensation 
at rates fixed by the Secretary, but not exceeding $100 per day, 
including traveltime; and while so serving away from their homes or 
regular places of business, they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 5703 
of title 5 for persons in the Government service employed 
intermittently.

(f) Safety programs: promotion; prevention of injuries through reports, 
        data, and consultations with employers

    The Secretary shall provide for the establishment and supervision of 
programs for the education and training of employers and employees in 
the recognition, avoidance, and prevention of unsafe working conditions 
in employments covered by this subchapter, and to collect such reports 
and data and to consult with and advise employers as to the best means 
of preventing injuries.

(Pub. L. 87-581, title I, Sec. 107, as added Pub. L. 91-54, Sec. 1, Aug. 
9, 1969, 83 Stat. 96; amended Pub. L. 103-355, title IV, 
Sec. 4104(c)(2), Oct. 13, 1994, 108 Stat. 3342.)

                       References in Text

    Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), 
is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 
1267, which is set out in the Appendix to Title 5, Government 
Organization and Employees.
    The civil service laws, referred to in subsec. (e)(1), are set forth 
in Title 5. See, particularly, section 3301 et seq. of Title 5.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-355 inserted ``(other than a contract 
referred to in section 329(c) of this title)'' after ``It shall be a 
condition of each contract''.


                      Effective Date 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. Advisory committees established after Jan. 5, 
1973, to terminate not later than the expiration of the 2-year period 
beginning on the date of their establishment, unless, in the case of a 
committee established by the President or an officer of the Federal 
Government, such committee is renewed by appropriate action prior to the 
expiration of such 2-year period, or in the case of a committee 
established by the Congress, its duration is otherwise provided by law. 
See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in 
the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in title 49 section 24312.
