84
STAT.]
PUBLIC LA\V 91-596-DEC. 29, 1970
1597
differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, or by the Secretary on his own motion, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance. Publication in (e) Whenever the Secretary promulgates any standard, makes any Federal Register. rule, order, or decision, grants any exemption or extension of time, or compromises,-mitigates, or settles any penalty assessed under this Act, he shall include a statement of the reasons for such action, which shall be published in the Federal Register. Judicial (f) Any person who may be adversely affected by a standard issued petition. review, under this section may at any time prior to the sixtieth day after such standard is promulgated file a petition challenging the validity of such standard with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole. (g) I n determining the priority for establishing standards under this section, the Secretary shall give due regard to the urgency of the need for mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments. The Secretary shall also give due regard to the recommendations of the Secretary of Health, Education, and Welfare regarding the need for mandatory standards in determining the priority for establishing such standards. ADVISORY COMMITTEE S;
ADMINISTRATION
Establishment; SEC. 7. (a)(1) There is hereby established a National Advisory membership. Committee on Occupational Safety and Health consisting of twelve members appointed by the Secretary, four of whom are to be designated by the Secretary of Health, Education, and Welfare, without 378. regard to the provisions of title 5, United States Code, governing 80uStat. 101 et 5 se appointments in the competitive service, and composed of representa- seq. tives of manangement, labor, occupational safety and occupational health professions, and of the public. The Secretary shall designate one of the public members as Chairman. The members shall be selected upon the basis of their experience and competence in the field of occupational safety and health. (2) The Committee shall advise, consult with, and make recommendations to the Secretary and the Secretary of Health, Education, and Welfare oh matters relating to the administration of the Act. The Committee shall hold no fewer than two meetings during each calenPublic dar year. All meetings of the Committee shall be open to the public script. tranand a transcript shall be kept and made available for public inspection. (3) The members of the Committee shall be compensated in accordance with the provisions of section 3109 of title 5, United States 80 Stat. 416. Code. (4) The Secretary shall furnish to the Committee an executive secretary and such secretarial, clerical, and other services as are deemed necessary to the conduct of its business. (b) An advisory committee may be appointed by the Secretary to assist him in his standard-setting functions under section 6 of this Act. Each such committee shall consist of not more than fifteen members
�
