U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY May 4. 1971 SECRETARY'S ORDER NO. 12-71 Subject: Delegation of Authority and. Assignment of Responsibility for 1. Purpose. This Order delegates authority and assigns responsibilities of the Secretary of Labor regarding occupational safety and health functions including those set forth in the Occupational Safety and Health Act of 1970. 2. Background. Public Law 91-596, the Occupational Safety and Health Act of 1970, assigned major additional responsibilities to the Secretary of Labor in the field of occupational safety and health and established in the Department an Assistant Secretary for Occupational Safety and Health. 3. Transfer of Functions. This Order transfers and assigns all of the safety and health responsibilities (but not including responsibilities under the child labor provisions of the Fair Labor Standards Act) and related personnel, equipment and facilities, which were heretofore assigned to the Workplace Standards Administration (renamed Employment Standards Administration) to the Assistant Secretary for Occupational Safety and Health, and consolidates activities in support of these responsibilities with those assigned under the Occupational Safety and Health Act. 4. The Occupational Safety and Health Administration (OSHA). There is established in the Department of Labor an Occupational Safety and Health Administration which shall be headed by the Assistant Secretary for Occupational Safety and Health who reports to the Secretary of Labor. 5. Delegation of Authority and Assignment of Responsibility. a. The Assistant Secretary for Occupational Safety and Health is hereby delegated authority and assigned responsibility for carrying out the safety and health programs and activities of the Department of Labor including the safety and health functions to be performed by the Secretary of Labor under: (1) Occupational Safety and Health Act of 1970; (2) Walsh-Healey Public Contracts Act of 1936, as amended; (6) National Foundation on the Arts and Humanities Act of 1965; (7) 5 U.S.C. 7902 and any Executive Order thereunder; (8) The responsibilities of the Secretary of Labor with respect to labor safety and health provisions of any other Federal statutes. b. In carrying out the authority and responsibility delegated under this Order, the Assistant Secretary for Occupational Safety and Health shall perform the above functions in accordance with existing Governmental and Departmental regulations, including Chapter 4-1300 of the Manual of Administration, which outlines the functions of Policy Development, Planning, Programming, Budgeting, Executing Programs, Reviewing and Analyzing Planned Versus Actual Performance, and Evaluating Program Effectiveness. c. The Assistant Secretary is delegated authority for making organizational changes within policies established by the Secretary in accordance with the provisions of Chapter 4-200 of the Manual of Administration. d. The Assistant Secretary shall coordinate his efforts with efforts of other officials or agencies having responsibilities in the occupational safety and health area. e. The Solicitor of Labor shall have the responsibility for providing legal advice and assistance to the Secretary and all officers of the Department relating to the administration of the statutes and Executive Order listed in paragraph 5a above. f. The Commissioner of the Bureau of Labor Statistics is hereby delegated specific authority and assigned responsibility for: (1) furthering the purposes of the Occupational Safety and Health Act by developing and maintaining an effective program of collection, compilation, and analysis of occupational safety and health statistics; (2) making grants to States or political subdivisions thereof in order to assist them in developing and administering programs dealing with occupational safety and health statistics under Sections 18, 23 and 24 of the Occupational Safety and Health Act; and (3) coordinating his functions with the Assistant Secretary for Occupational Safety and Health. 8. The authority and responsibility delegated to the Assistant Secretary for Occupational Safety and Health, the Solicitor of Labor and the Commissioner of the Bureau of Labor Statistics may be redelegated by them. a. The following functions are reserved to the Secretary: (1) Submission of reports and recommendations to the President and the Congress concerning the administration of the statutes and Executive Order listed in paragraph 5a above. (2) The bringing of legal proceedings under the statutes listed in paragraph 5a above, the determination in each case whether such proceedings are appropriate to be made by the Solicitor of Labor, who may appear for and represent the Secretary in civil litigation as authorized by law. 7. Interim Rules. In the implementation of this Order and in the administration of the statutes listed in paragraph 5a above, the rules set forth in Chapter XIII of Title 29 of the Code of Federal Regulations, Part 6 of such Title, and Parts 50-201 and 50-203 of Title 41, read in the light of the delegations made herein, shall be applicable until changed. 8. Directives Affected. Secretary's Order No. 2-67 establishing the Advisory Committee on Occupational Safety remains in effect, except that the Assistant Secretary for Occupational Safety and Health shall serve as Executive Secretary and that secretarial, technical and other services shall be provided by the Occupational Safety and Health Administration. 9. Effective Date. This Order is effective April 28, 1971. As Hoogson Secretary of Labor 1. Purpose. To delegate authority and assign responsibilities for conducting Occupational Safety and Health Programs. a. Secretary's Orders 12-71 and 28-74 are canceled. b. The authorities delegated herein are subject to existing governmental and departmental regulations pertaining to procurement and contracting authority; to emergency preparedness and disaster relief; and departmental policies and procedures pertaining to administrative, organizational, and management processes. Background. 3. The Occupational Safety and Health Act of 1970, Executive Order 11807, and other Acts listed in 4a (1) below have provided authority and assigned responsibility regarding occupational safety and health to the Secretary of Labor. The Occupational Safety and Health Act of 1970 established the position of the Assistant Secretary for Occupational Safety and Health. 4. Delegation of Authority and Assignment of Responsibility a. The Assistant Secretary for Occupational Safety and Health is delegated authority and assigned responsibility for: (1) Administering the Department's Occupational Safety and Health programs and activities, excluding functions provided for by Secretary's Order 4-74, under: (i) The responsibilities of the Secretary of Labor with respect to occupational safety and health provisions of any other Federal statutes. (2) Serving as Chairperson of the Federal Advisory Council on Occupational Safety and Health, as provided by Executive Order 11807. (3) Making organizational changes within policies established by the Secretary. (4) Coordinating Agency efforts with those of other officials or agencies having responsibilities in the occupational safety and health area. |