[Page 445 TITLE 42--THE PUBLIC HEALTH AND WELFARE § 6971]
§ 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
[§ 6972 TITLE 42--THE PUBLIC HEARTH AND WELFARE Page 446]
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, § 7001, as added Pub. L. 94-580, § 2, Oct. 21, 1976, 90 Stat.
2824; and amended Pub. L. 96-482, § 24, Oct. 21, 1980, 94 Stat. 2347.)
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsection (f), is Pub. L. 91-596,
Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (§ 651 et
sep.) 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 the Environmental
Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska
Natural Gas Transportation System, see Transfer of Functions note set out under section 6903 of this
title.