29 U.S.C. § 668
Section 668 · Programs of Federal agencies
This is § 19 of the Occupational Safety and Health Act of 1970
Amended 3 times on record
Applied in 17 court decisions — leading case Budd Co. v. Occupational Safety & Health Review Commission (1975)
Most recently applied in Bobo v. Tennessee Valley Authority (April 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
It shall be the responsibility of the head of each Federal agency (not including the United States Postal Service) to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated under section 655 of this title. The head of each agency shall (after consultation with representatives of the employees thereof)—
(1) provide safe and healthful places and conditions of employment, consistent with the standards set under section 655 of this title;
(2) acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees;
(3) keep adequate records of all occupational accidents and illnesses for proper evaluation and necessary corrective action;
(4) consult with the Secretary with regard to the adequacy as to form and content of records kept pursuant to subsection (a)(3) of this section; and
(5) make an annual report to the Secretary with respect to occupational accidents and injuries and the agency's program under this section. Such report shall include any report submitted under section 7902(e)(2) of title 5.
The Secretary shall report to the President a summary or digest of reports submitted to him under subsection (a)(5) of this section, together with his evaluations of and recommendations derived from such reports.
The Secretary shall have access to records and reports kept and filed by Federal agencies pursuant to subsections (a)(3) and (5) of this section unless those records and reports are specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy, in which case the Secretary shall have access to such information as will not jeopardize national defense or foreign policy.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Subsec. (c) of this section amended section 7902 of Title 5, Government Organization and Employees.
Amendments
1998—Subsec. (a). Pub. L. 105–241 inserted “(not including the United States Postal Service)” after “each Federal agency”.
1982—Subsec. (b). Pub. L. 97–375 struck out direction that the President transmit annually to the Senate and House a report of the activities of Federal agencies under this section.
Occupational Safety and Health Programs for Federal Employees
Occupational safety and health programs for Federal employees and continuation of Federal Advisory Council on Occupational Safety and Health, see Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set out as a note under section 7902 of Title 5, Government Organization and Employees.