
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: 42USC6971]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 6971. Employee protection


(a) General

    No person shall fire, or in any other way discriminate against, or 
cause to be fired or discriminated against, any employee or any 
authorized representative of employees by reason of the fact that such 
employee or representative has filed, instituted, or caused to be filed 
or instituted any proceeding under this chapter or under any applicable 
implementation plan, or has testified or is about to testify in any 
proceeding resulting from the administration or enforcement of the 
provisions of this chapter or of any applicable implementation plan.

(b) Remedy

    Any employee or a representative of employees who believes that he 
has been fired or otherwise discriminated against by any person in 
violation of subsection (a) of this section may, within thirty days 
after such alleged violation occurs, apply to the Secretary of Labor for 
a review of such firing or alleged discrimination. A copy of the 
application shall be sent to such person who shall be the respondent. 
Upon receipt of such application, the Secretary of Labor shall cause 
such investigation to be made as he deems appropriate. Such 
investigation shall provide an opportunity for a public hearing at the 
request of any party to such review to enable the parties to present 
information relating to such alleged violation. The parties shall be 
given written notice of the time and place of the hearing at least five 
days prior to the hearing. Any such hearing shall be of record and shall 
be subject to section 554 of title 5. Upon receiving the report of such 
investigation, the Secretary of Labor shall make findings of fact. If he 
finds that such violation did occur, he shall issue a decision, 
incorporating an order therein and his findings, requiring the party 
committing such violation to take such affirmative action to abate the 
violation as the Secretary of Labor deems appropriate, including, but 
not limited to, the rehiring or reinstatement of the employee or 
representative of employees to his former position with compensation. If 
he finds that there was no such violation, he shall issue an order 
denying the application. Such order issued by the Secretary of Labor 
under this subparagraph shall be subject to judicial review in the same 
manner as orders and decisions of the Administrator or subject to 
judicial review under this chapter.

(c) Costs

    Whenever an order is issued under this section to abate such 
violation, at the request of the applicant, a sum equal to the aggregate 
amount of all costs and expenses (including the attorney's fees) as 
determined by the Secretary of Labor, to have been reasonably incurred 
by the applicant for, or in connection with, the institution and 
prosecution of such proceedings, shall be assessed against the person 
committing such violation.

(d) Exception

    This section shall have no application to any employee who, acting 
without direction from his employer (or his agent) deliberately violates 
any requirement of this chapter.

(e) Employment shifts and loss

    The Administrator shall conduct continuing evaluations of potential 
loss or shifts of employment which may result from the administration or 
enforcement of the provisions of this chapter and applicable 
implementation plans, including, where appropriate, investigating 
threatened plant closures or reductions in employment allegedly 
resulting from such administration or enforcement. Any employee who is 
discharged, or laid off, threatened with discharge or layoff, or 
otherwise discriminated against by any person because of the alleged 
results of such administration or enforcement, or any representative of 
such employee, may request the Administrator to conduct a full 
investigation of the matter. The Administrator shall thereupon 
investigate the matter and, at the request of any party, shall hold 
public hearings on not less than five days' notice, and shall at such 
hearings require the parties, including the employer involved, to 
present information relating to the actual or potential effect of such 
administration or enforcement on employment and on any alleged 
discharge, layoff, or other discrimination and the detailed reasons or 
justification therefor. Any such hearing shall be of record and shall be 
subject to section 554 of title 5. Upon receiving the report of such 
investigation, the Administrator shall make findings of fact as to the 
effect of such administration or enforcement on employment and on the 
alleged discharge, layoff, or discrimination and shall make such 
recommendations as he deems appropriate. Such report, findings, and 
recommendations shall be available to the public. Nothing in this 
subsection shall be construed to require or authorize the Administrator 
or any State to modify or withdraw any standard, limitation, or any 
other requirement of this chapter or any applicable implementation plan.

(f) Occupational safety and health

    In order to assist the Secretary of Labor and the Director of the 
National Institute for Occupational Safety and Health in carrying out 
their duties under the Occupational Safety and Health Act of 1970 [29 
U.S.C. 651 et seq.], the Administrator shall--
        (1) provide the following information, as such information 
    becomes available, to the Secretary and the Director:
            (A) the identity of any hazardous waste generation, 
        treatment, storage, disposal facility or site where cleanup is 
        planned or underway;
            (B) information identifying the hazards to which persons 
        working at a hazardous waste generation, treatment, storage, 
        disposal facility or site or otherwise handling hazardous waste 
        may be exposed, the nature and extent of the exposure, and 
        methods to protect workers from such hazards; and
            (C) incidents of worker injury or harm at a hazardous waste 
        generation, treatment, storage or disposal facility or site; and

        (2) notify the Secretary and the Director of the Administrator's 
    receipt of notifications under section 6930 or reports under 
    sections 6922, 6923, and 6924 of this title and make such 
    notifications and reports available to the Secretary and the 
    Director.

(Pub. L. 89-272, title II, Sec. 7001, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2824; amended Pub. L. 96-482, Sec. 24, Oct. 21, 
1980, 94 Stat. 2347.)

                       References in Text

    The Occupational Safety and Health Act of 1970, referred to in 
subsec. (f), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as 
amended, which is classified principally to chapter 15 (Sec. 651 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 651 of Title 29 and 
Tables.


                               Amendments

    1980--Subsec. (f). Pub. L. 96-482 added subsec. (f).

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection Agency under this chapter to 
Federal Inspector, Office of Federal Inspector for the Alaska Natural 
Gas Transportation System, and subsequent transfer to Secretary of 
Energy, see note set out under section 6903 of this title.
