(a) The Walsh-Healey Public Contracts Act requires that contracts
entered into by any agency of the United States for the manufacture or
furnishing of materials, supplies, articles, and equipment in any amount
exceeding $10,000 must contain, among other provisions, a stipulation
that ``no part of such contract will be performed nor will any of the
materials, supplies, articles, or equipment to be manufactured or
furnished under said contract be manufactured or fabricated in any
plants, factories, buildings, or surroundings or under working
conditions which are unsanitary or hazardous or dangerous to the health
and safety of employees engaged in the performance of said contract.
Compliance with the safety, sanitary, and factory inspection laws of the
State in which the work or part thereof is to be performed shall be
prima-facie evidence of compliance with this subsection.'' (sec. 1(e)),
49 Stat. 2036, 41 U.S.C. 35(e)). This part 50-204 expresses the
Secretary of Labor's interpretation and application of this provision
with regard to certain particular working conditions. In addition,
Secs. 50-204.27, 50-204.30, 50-204.31, 50-204.32, 50-204.33, and 50-
204.36 contain requirements concerning the instruction of personnel,
notification of incidents, reports of exposures, and maintenance and
disclosure of records.
(b)(1) Every investigator conducting investigations and every
officer of the Department of Labor determining whether there are or have
been violations of the safety and health requirements of the Walsh-
Healey Public Contracts Act and of any contract subject thereto; and
whether a settlement of the resulting issues should be made without
resort to administrative or court litigation, shall treat a failure to
comply with, or violation of, any of the safety and health measures
contained in this part 50-204 as resulting in working conditions which
are ``unsanitary or hazardous or dangerous to the health and safety of
employees'' within the meaning of section 1(e) of the Act and the
contract stipulation it requires. Evidence of compliance with the
safety, sanitary, and factory inspection laws of a State in which the
work, or part thereof, is performed will be considered prima facie
evidence of compliance with the safety and health requirements of the
Act and of any
contract subject thereto, and it shall be sufficient unless rebutted or
overcome by a preponderance of evidence of a failure to comply with any
applicable safety and health rules contained in this part.
(2) Every investigator shall have technical competence in safety,
industrial hygiene, or both as may be appropriate, in the matters under
investigation.
(c) [Reserved]
(d) The standards expressed in this part 50-204 are for application
to ordinary employment situations; compliance with them shall not
relieve anyone from the obligation to provide protection for the health
and safety of his employees in unusual employment situations. Neither do
such standards purport to describe all of the working conditions which
are unsanitary or hazardous or dangerous to the health and safety of
employees. Where such other working conditions may be found to be
unsanitary or hazardous or dangerous to the health and safety of
employees, professionally accepted safety and health practices will be
used.
(e) Compliance with the standards expressed in this part 50-204 is
not intended, and shall not be deemed to relieve anyone from any other
obligation he may have to protect the health and safety of his
employees, arising from sources other than the Walsh-Healey Public
Contracts Act, such as State, local law or collective bargaining
agreement.
[34 FR 7946, May 20, 1969, as amended at 36 FR 9868, May 29, 1971]