Page images

s his

gram ces is Beter

Sec. 50-205.9 Inspections by the Department of

Labor. 50–205.10 Modification or termination of

agreement. AUTHORITY: The provisions of this Part 50-205 issued under sec. 4, 49 Stat. 2038, 41 U.S.C. 38. Interpret or apply sec. 1, 49 Stat. 2036, 41 U.S.C. 35.

SOURCE: The provisions of this part 50–205 appear at 27 F.R. 1270, Feb. 10, 1962, unless otherwise noted.

[merged small][merged small][merged small][ocr errors][merged small]

ployer has a bona fide plan to reduce the levels of exposure to those specified in subparagraph (1) of this paragraph as soon as practicable, but in no event later than January 1, 1971.

(c) (1) For uranium mines, records of environmental concentrations in the occupied parts of the mine, and of the time spent in each area by each person involved in underground work shall be established and maintained. These records shall be in sufficient detail to permit calculations of the exposures, in units of working level months, of the individuals and shall be available for inspection by the Secretary of Labor or his authorized agents.

(2) For other than uranium mines and for surface workers in all mines, subparagraph (1) of this paragraph will be applicable: Provided, however, That if no environmental sample shows a concentration greater than 0.33 working level in any occupied part of the mine, the maintenance of individual occupancy records and the calculation of individual exposures will not be required.

(d) (1) At the request of an employee (or former employee) a report of the employee's exposure to radiation as shown in records maintained by the employer pursuant to paragraph (c) of this section, shall be furnished to him. The report shall be in writing and contain the following statement:

This report is furnished to you under the provisions of the U.S. Department of Labor, Radiation Safety and Health Standards (41 CFR Part 50–204, section 321(d)). You should preserve this report for future reference.

[merged small][merged small][ocr errors][merged small][ocr errors]

$ 50–205.1 Purpose and scope.

The Walsh-Healey Public Contracts Act authorizes and directs the Secretary of Labor to utilize, with the consent of a State, such State and local officers and employees as he may find necessary to assist in the administration of the Act. It is the purpose of this part to prescribe the rules governing the use of such State and local officers in inspections (or investigations) relating to the enforcement of the stipulation required by the Act providing that no part of a contract subject thereto will be performed nor will any materials, supplies, articles, or equipment to be manufactured or furnished under such a 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 the contract, and the enforcement of the safety and health standards interpreting and applying that stipulation published in Part 50–204 of this chapter. $ 50–205.2 Definitions.

(a) "Act" means the Walsh-Healey Public Contracts Act.

(b) "Secretary" means the Secretary of Labor.

(c) “State agency' means any authority of a State government which is responsible for the enforcement of State laws or regulations prescribing safety and health standards for employees.

(d) “Director” means the Director, Bureau of Labor Standards or his duly authorized representative. (41 U.S.C. 40; 5 U.S.C. 556) [27 F.R. 1270, Feb. 10, 1962, as amended at 32 F.R. 7704, May 26, 1967] $ 50–205.3 Agreement with State

agency. The Secretary may enter into an agreement with the head of a State agency providing for the use of State or

[blocks in formation]
[ocr errors]






Sec. 50-205.1 50-205.2 50-205.3 50-205.4 50-205.5 50-205.6 50-205.7 50-205.8


Purpose and scope.
Agreement with a State agency.
Plan of cooperation.
Inspections by State agency.
Manual of instructions.
Reports of inspections.


local officers and employees in the con- considered confidential and shall not be duct of inspections under the safety and disclosed to any employer without the health provisions of the Act as inter- consent of the complainant. preted or applied in Part 50–204 of this chapter whenever he finds that the uti

50–205.7 Manual of instructions. lization of such State or local officers is The Director shall provide the State necessary to assist in the administration agency with a manual of instructions of those provisions. In making such a which shall be used in the making of finding, consideration may be given to inspections. the State laws or regulations admin- (41 U.S.C. 40; 5 U.S.C. 556) [32 F.R. 7704, istered by the State agency providing May 26, 1967] safety and health standards, the central

$ 50–205.8 Reports of inspections. and field organization of the State agency, and the qualifications of its in- The State agency shall furnish the Devestigative personnel.

partment of Labor with a report of its

inspection when the following circum§ 50–205.4 Plan of cooperation.

stances exist: Each agreement under this part shall (a) The inspection was requested by incorporate a plan of cooperation be- the Department of Labor; tween the Department of Labor and the (b) The inspection discloses serious State agency. The plan shall include violations of the safety and health rethe operative details of the cooperation quirements of Part 50–204 of this chapcontemplated in the making of safety ter by an employer apparently subject and health inspections. The plan shall to the Act; include a statement of the location of (c) The inspection discloses minor the State offices designated to make in- violations of the safety and health respections and those of the Department quirements of Part 50–204 of this chapter of Labor designated to cooperate with by an employer apparently subject to the such State offices.

Act which are not corrected promptly

when $ 50_205.5 Inspections by State agency.

such apparent violations

brought to the attention of the employer Inspections shall be conducted by the

or as to which fully reliable assurances State agency with whom an agreement

of future compliance are not or cannot has been made under this part in order

be obtained. to determine the extent of compliance by Government contractors subject to § 50–205.9 Inspections by the Departthe Act (as determined by the Depart

ment of Labor. ment of Labor) with the safety and

The Director may conduct such inhealth provisions interpreted or applied

spections as he may find appropriate to in Part 50–204 of this chapter. Inspec

assure compliance with the safety and tors of the State agency shall be con

health provisions of the Act or whenever sidered authorized representatives of the

he may find that a safety and health inSecretary of Labor in making inspections

spection should be carried out along with including the examining of the records of the Government contractor main- investigation under other provisions of tained under $$ 50–201.501 and 502 of the Act or the Fair Labor Standards Act this chapter. Inspections shall be made of 1938. Whenever an inspection by the upon request of the Department of Labor Director discloses apparent violations of or concurrently with inspections made to

State safety and health requirements, ascertain the compliance by employers

the Director shall report such disclosures with State safety and health require

to the State agency. ments.

(41 U.S.C. 40; 5 U.S.C. 556) [32 F.R. 7704, 8 50_205.6 Complaints.

May 26, 1967] When a complaint of alleged safety

$ 50–205.10 Modification or terminaand health violations by an employer ap

tion of agreement. parently subject to the Act is filed with

Any agreement entered into this part a State agency, that agency shall trans

may be modified at any time with the mit a copy of the complaint to the co

consent of both parties, and may be operating office of the Department of Labor within 5 days from the receipt of terminated by either party after notifythe complaint. All complaints shall be ing the other party 60 days prior thereto.

[merged small][merged small][merged small][ocr errors][merged small]

PART 50-210-STATEMENTS OF GEN- (c) Any statements, orders, or in

structions inconsistent herewith are ERAL POLICY AND INTERPRETA


[12 F.R. 3916, June 17, 1947. Redesignated at REGULATIONS

24 F.R. 10952, Dec. 30, 1959] Sec.

NOTE: The text of $ 50–210.0 General en50–210.0 General enforcement policy.

forcement policy is identical to that of $ 775.0 50–210.1 Coverage under the Walsh-Healey under 29 CFR Chapter V.

Public Contracts Act of truck
drivers employed by oil dealers.

$ 50–210.1 Coverage under the Walsh

Healey Public Contracts Act of truck
AUTHORITY: The provisions of this part 50–

drivers employed by oil dealers.
210 issued under sec. 4, 49 Stat. 2038; 41
U.S.C. 38.

(a) The Division of Public Contracts

returns to the interpretation contained $ 50–210.0 General enforcement policy.

in Rulings and Interpretations No. 21 (a) In order to clarify at this time the with respect to coverage under the practices and policies which will guide Walsh-Healey Public Contracts Act of the administration and enforcement of truck drivers employed by oil dealers, the Fair Labor Standards Act of 1938 (52 by amending section 40(e) (1) of Rulings Stat 1060, as amended, 29 U.S.C. 2014 and Interpretations No. 31 to read as 219), and the Walsh-Healey Public Con- follows: tracts Act (49 Stat. 2036, as amended; (1) Where the contractor is a dealer, 41 U.S.C. 35–45), as affected by the the act applies to employees at the cenPortal-to-Portal Act of 1947 (Pub. Law tral distributing plant, including ware49, 80th Cong.), the following policy is housemen, compounders, and chemists announced effective June 30, 1947:

testing the lot out of which the Govern(b) The investigation, inspection and

ment order is filled, the crews engaged enforcement activities of all officers and

in loading the materials in vessels, tank agencies of the Department of Labor as

cars or tank wagons for shipment, and

truck drivers engaged in the activities they relate to the Fair Labor Standards

described in section 37(m) above.? HowAct (52 Stat. 1060, as amended, 29 U.S.C.

ever, the contractor is not required to 201-219) and the Walsh-Healey Public

show that the employees at the bulk Contracts Act of June 30, 1936 (49 Stat. stations, including truck drivers, are em2036, as amended; 41 U.S.C. 35–45), will ployed in accordance with the standards be carried out on the basis that all em- of the act. (Balk stations as the term ployers in all industries whose activities is used herein are intermediate points are subject to the provisions of the Fair

of storage between a central distributing Labor Standards Act (52 Stat. 1060, as

plant and service stations.) amended; 29 U.S.C. 201-219)

or the

[12 F.R. 2477, Apr. 17, 1947. Redesignated Walsh-Healey Public Contracts Act (49

at 24 F.R. 10952, Dec. 30, 1959]
Stat. 2036, as amended; 41 U.S.C. 35–45)
are responsible for strict compliance with

1 Not filed with the Office of the Federal the provisions thereof and the regula


a Refers to Rulings and Interpretations tions issued pursuant thereto.

No. 3.


TE apter o the mptly

ard Jove ances _nnot


Le to

and Lever

inwith s of Act

the s of ents, ures





be fyeto.



51-1 Purchases of blind-made products.


[ocr errors]

PART 51-1—PURCHASES OF “NIB”) or any other organization, or-

ganized under the laws of the United

States or of any State, operated in the Sec.

interest of the blind, the net income of 51-1.1 Definitions.

which does not inure in whole or in part
51-1.2 Policy.

to the benefit of any shareholder or
Responsibilities of the Committee
on Purchases of Blind-Made

individual and which employs blind per-

sons to an extent constituting not less 51-1.4

Schedules of Blind-Made Products. than 75 percent of the total hours of em51-1.5

Responsibilities of National Indus- ployment during the fiscal year, of all
tries for the Blind.

personnel engaged in the direct labor
Qualification and responsibilities of

of manufacturing, assembling, or hanworkshops. 51-1.7

dling of all commodities by the agency Price determination. 51-1.8 Purchase procedure.

for the blind (hereinafter referred to Purchase exceptions.

as "workshop") whether for this pro51-1.10 Deliveries.

gram or otherwise. “Direct labor” in51-1.11 Adjustment and

cancellation of cludes all work required for preparation, orders.

processing, and packing, but not super51-1.12 Violations.

vision, administration, inspection, and AUTHORITY: The provisions of this part

shipping. 51–1 issued under sec. 2, 52 Stat. 1196; 41 (c) “Ordering office" means any Fed

eral department, independent establishSOURCE: The provisions of this part 51–1

ment, board, commission, bureau, service, appear at 33 F.R. 7627, May 23, 1968, unless or division of the Government of the otherwise noted.

United States, and any wholly owned $ 51-1.1 Definitions.

Government corporation.

(d) “Fiscal Year” means the period As used in this part:

from July 1 of 1 year through June 30 (a) “Blind” means a person having. of the next year. visual acuity not to exceed 20/200 in the better eye with correcting lenses, or

§ 51-1.2 Policy. visual acuity greater than 20/200 but

By the Wagner-O'Day Act of June 25, with a limitation in the fields of vision

1938 (52 Stat. 1196; 41 U.S.C. 46–48) such that the widest diameter of the

all Federal departments and agencies visual field subtends an angle no greater

are required to purchase their require

ments of brooms, mops and other suit(b) “Non-profit-making agency for

able commodities from non-profitthe blind” means National Industries for making agencies for the blind unless the Blind (hereinafter referred to as

such commodities are available for pro99-192-69-11


U.S.C. 47.

than 20 degrees.

« PreviousContinue »