§ 671a. Workers’ family protection
(b)
Findings and purpose
(1)
Findings
Congress finds that—
(A)
hazardous chemicals and substances that can threaten the health and safety of workers are being transported out of industries on workers’ clothing and persons;
(B)
these chemicals and substances have the potential to pose an additional threat to the health and welfare of workers and their families;
(2)
Purpose
It is the purpose of this section to—
(A)
increase understanding and awareness concerning the extent and possible health impacts of the problems and incidents described in paragraph (1);
(c)
Evaluation of employee transported contaminant releases
(1)
Study
(A)
In general
Not later than 18 months after October 26, 1992, the Director of the National Institute for Occupational Safety and Health (hereafter in this section referred to as the “Director”), in cooperation with the Secretary of Labor, the Administrator of the Environmental Protection Agency, the Administrator of the Agency for Toxic Substances and Disease Registry, and the heads of other Federal Government agencies as determined to be appropriate by the Director, shall conduct a study to evaluate the potential for, the prevalence of, and the issues related to the contamination of workers’ homes with hazardous chemicals and substances, including infectious agents, transported from the workplaces of such workers.
(B)
Matters to be evaluated
In conducting the study and evaluation under subparagraph (A), the Director shall—
(i)
conduct a review of past incidents of home contamination through the utilization of literature and of records concerning past investigations and enforcement actions undertaken by—
(II)
the Secretary of Labor to enforce the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);
(ii)
evaluate current statutory, regulatory, and voluntary industrial hygiene or other measures used by small, medium and large employers to prevent or remediate home contamination;
(iii)
compile a summary of the existing research and case histories conducted on incidents of employee transported contaminant releases, including—
(I)
the effectiveness of workplace housekeeping practices and personal protective equipment in preventing such incidents;
(III)
the effectiveness of normal house cleaning and laundry procedures for removing hazardous materials and agents from workers’ homes and personal clothing;
(iv)
identify the role of Federal and State agencies in responding to incidents of home contamination;
(2)
Development of investigative strategy
(A)
Task Force
Not later than 12 months after October 26, 1992, the Director shall establish a working group, to be known as the “Workers’ Family Protection Task Force”. The Task Force shall—
(i)
be composed of not more than 15 individuals to be appointed by the Director from among individuals who are representative of workers, industry, scientists, industrial hygienists, the National Research Council, and government agencies, except that not more than one such individual shall be from each appropriate government agency and the number of individuals appointed to represent industry and workers shall be equal in number;
(B)
Investigative strategy
(i)
Content
The investigative strategy developed under subparagraph (A)(iv) shall identify data gaps that can and cannot be filled, assumptions and uncertainties associated with various components of such strategy, a timetable for the implementation of such strategy, and methodologies used to gather any required data.
(ii)
Peer review
The Director shall publish the proposed investigative strategy under subparagraph (A)(iv) for public comment and utilize other methods, including technical conferences or seminars, for the purpose of obtaining comments concerning the proposed strategy.
(iii)
Final strategy
After the peer review and public comment is conducted under clause (ii), the Director, in consultation with the heads of other government agencies, shall propose a final strategy for investigating issues related to home contamination that shall be implemented by the National Institute for Occupational Safety and Health and other Federal agencies for the period of time necessary to enable such agencies to obtain the information identified under subparagraph (A)(iii).
(C)
Construction
Nothing in this section shall be construed as precluding any government agency from investigating issues related to home contamination using existing procedures until such time as a final strategy is developed or from taking actions in addition to those proposed in the strategy after its completion.
(d)
Regulations
(1)
In general
Not later than 4 years after October 26, 1992, and periodically thereafter, the Secretary of Labor, based on the information developed under subsection (c) of this section and on other information available to the Secretary, shall—
(2)
Additional regulations or standards
If the Secretary of Labor determines that additional regulations or standards are needed under paragraph (1), the Secretary shall promulgate, pursuant to the Secretary’s authority under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), such regulations or standards as determined to be appropriate not later than 3 years after such determination.
(e)
Authorization of appropriations
There are authorized to be appropriated from sums otherwise authorized to be appropriated, for each fiscal year such sums as may be necessary to carry out this section.