Guam § 1206 - Authority of Agency with Respect to Occupational

§ 1206. Authority of Agency with Respect to Occupational

Safety and Health.

(a) The Department is hereby vested with the authority to

make, update, publish, and enforce, for the purpose of the §18(b)

plan, Occupational Safety and Health Standards for Guam which

meet the indices of equal effectiveness as published by the United

States Department of Labor. The Division of Occupational Safety

and Health within the Department, as the designated

representative of the Department, shall enforce these standards.

With respect to such standards no notice and opportunity to be

heard need be given, if such standards have been afforded the

opportunity for a hearing at the Federal level before adoption as a

Federal standard pursuant to Section 6 of the Williams-Steiger

Occupational Safety and Health Act of 1970.

(b) The Director, in promulgating standards dealing with

toxic materials or harmful physical agents under this subsection,

shall set the standard which most adequately assures, to the extent

feasible, on the basis of the best available evidence, that no

employee will suffer material impairment or health or function

capacity even if such employee has regular exposure to the hazard

dealt with by such standard for the period of his working life.

Development of standards under this subsection shall be based

upon research, demonstrations, experiments, and such other

information as may be appropriate. In addition to the attainment

of the highest degree of health and safety protection for the

employee, other considerations shall be the latest available

scientific data in the field, the feasibility of the standards, and

experience gained under this and other health and safety laws.

Whenever practicable, the standard promulgated shall be

DIV. 1 LABOR REGULATIONS

expressed in terms of objective criteria and of the performance

desired.

(c) Nothing in this section shall be construed to limit the

authority of the Department to make, update, publish, and enforce

standards for application in Guam for such other occupational

safety and health issues with respect to which no Federal standard

is in effect; provided however, that notice and an opportunity for

a hearing must be given to such additional standards.

(d) The Department has the authority to make, update,

publish and enforce standards that are different from Federal

standards, but which will be at least as effective as Federal

standards for application in Guam.

(e) The government of Guam will, to the extent permitted by

law, establish and maintain an effective and comprehensive

occupational safety and health program applicable to all

government of Guam employees, which program shall be as

effective as the standards contained in an approved plan.