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 COL 1/26/2024 DIV. 1 LABOR REGULATIONS CH. 1 DEPARTMENT OF LABOR 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.