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Content Last Revised: 5/29/71
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 41  

Public Contracts and Property Management

 

Chapter 50  

Public Contracts, Department of Labor

 

 

Part 50-204  

Safety and Health Standards for Federal Supply Contracts

 

 

 

Subpart A  

Scope and Application


41 CFR 50-204.1 - Scope and application.

  • Section Number: 50-204.1
  • Section Name: Scope and application.

    (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]

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